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Home My WebLink About07/08/2025 - Regular - Packet, Revised171. Meeting Location: Contact us: Council Phone (360) portor hard 4407 216 Prospect Street cityhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Regular Meeting Tuesday, July 8, 2025 6:30 PM Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here. Remote Access Link: https://us02web.zoom.us/j/83632967319 Zoom Meeting ID: 836 3296 7319 Zoom Call -In: 1 253 215 8782 To watch the meeting video click here. Guiding Principles Are we raising the bar in all of our actions? Are we honoring the past, but not living in the past? Are we building positive connections with our community and outside partners? Is the decision -making process building a diverse, equitable, and inclusive community? 1. Call to Order A. Pledge of Allegiance 2. Approval of Agenda 3. Citizen Comments (This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 4. Consent Agenda (Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may remove an item for separate consideration upon request. In the event of such request, the item is placed under Business Items.) A. Approval of Vouchers and Electronic Payments July 8, 2025 Meeting Agenda B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Authorizing the ER&R Purchase of Replacement Vehicle #1029. (Ryan) D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) E. Approval of Amendment No. 1 to Contract No. 078-23 with Bureau Veritas North America, Inc., for Building Consultant Services (Bond) F. Approval of the May 13, 2025, City Council Regular Meeting Minutes 5. Presentation 6. Public Hearing (Accepting public testimony from citizens limited to the specific item listed) A. Public Hearing on a Transportation Impact Fee Ordinance (Bond) 7. Business Items A. Adoption of an Ordinance Amending the City's Transportation Impact Fee Rate Schedule (Bond) B. Adoption of a Resolution Authorizing the Reimbursement Agreement with Kitsap Regional Library Foundation for the Port Orchard Branch Roof Replacement Project (Ryan) C. Adoption of a Resolution with Coastline Roofing and Construction, Inc. for the Kitsap Regional Library Roof Replacement Project (Ryan) D. Approval of the May 20, 2025, City Council Work Study Meeting Minutes 8. Discussion Items (No Action to be Taken) 9. Reports of Council Committees (Three council members serve on the committee with staff to make collaborative recommendations about work product. Staff then prepares the items for full council consideration based on the committee's discussion.) A. Council Committee Routine Meetings 10. Report of Mayor 11. Report of Department Heads 12. Citizen Comments (This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 13. Good of the Order 14. Executive Session Pursuant to RCW 42.30.110, the City Council WILL hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. Adjournment July 8, 2025 Meeting Agenda 2 ADA Requirements In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. July 8, 2025 Meeting Agenda 3 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Authorizing the ER&R Purchase of Replacement Vehicle #1029. (Ryan) Meeting Date: July 8, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The City Council adopted the 2025-2026 Biennial Budget, which provides funding for the purchase of vehicles and equipment through the Equipment Rental and Revolving Fund 500. In accordance with the City's Procurement Policies (which are currently being updated, per the City Council's request), additional City Council approval is required for vehicle and equipment purchases exceeding $35,000, even when the purchase is included in the budget. The proposed purchase is a 2025 Ford F-150 Lightning 4WD Battery Electric Vehicle (BEV), which will serve as a replacement unit for Vehicle #1029 in the Streets Division. This purchase supports the City's compliance with RCW 43.19.648 by transitioning the fleet toward electrification. The vehicle includes standard fleet upfit packages such as the Pro Power Onboard system, Tow Technology Package, cab guard with amber lighting, toolboxes, and additional safety accessories. The total purchase cost, including vehicle, upfits, accessories, and applicable taxes, is $58,872.04. The vehicle will be purchased via Washington State Contract No. 28423 from Bud Clary Ford, an approved contract vendor. The proposed resolution provides the City Council's approval of the purchase in alignment with established procurement procedures and sustainability goals. Relationship to Comprenhensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends adopting a Resolution approving the purchase of replacement vehicle #1029. Motion for Consideration: I move to approve a Resolution authorizing a vehicle purchase in the amount of $58,872.04. Has item been presented to Committee/Work Study? If so, which one: No 4 Fiscal Impact: The total cost of the vehicle and related equipment is estimated at $58,872.04, and is included in the 2025-2026 Biennial Budget for the Equipment Rental and Revolving Fund 500. Alternatives: Do not approve and provide further guidance. Attachments: RESOLUTION - VEHICLE #1029.doc 1029 Streets replacement F150 BEV.pdf 1029 Purchase Request Form.pdf RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A 2025 FORD F-150 LIGHTNING BEV AND ASSOCIATED UPFITTING FOR THE EQUIPMENT RENTAL AND REVOLVING FUND. WHEREAS, the City of Port Orchard adopted the 2025-2026 Biennial Budget, which includes appropriations for the purchase and replacement of vehicles and equipment managed through the Equipment Rental and Revolving (ER&R) Fund 500; and WHEREAS, Vehicle #1029 in the City's Streets Division is scheduled for replacement as part of the approved equipment replacement plan; and WHEREAS, the proposed replacement vehicle is a 2025 Ford F-150 Lightning 4WD, identified as a suitable replacement for the existing unit based on operational requirements, lifecycle cost considerations, and fleet compatibility; and WHEREAS, the total cost of the vehicle, including all accessories, upfitting, and applicable sales tax, is $58,872.04; and WHEREAS, the vehicle will be procured from Bud Clary Ford through Washington State Contract No. 28423, in accordance with RCW 39.34.030 and the City's adopted Procurement Policies; and WHEREAS, City Council authorization is required for purchases exceeding $35,000 in accordance with City of Port Orchard procurement procedures. Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES 1I.1II[@jTjT� THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of the vehicle listed in the Purchase Request Form attached hereto as Exhibit A. The Mayor or his designee is authorized to take action consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. 6 Resolution No. Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of July, 2025. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 7 Outlook Vehicle Quote - 2025-5-331 - PORT ORCHARD, CITY OF - 21802 From NOREPLY@des.wa.gov <NOREPLY@des.wa.gov> Date Mon 5/19/2025 4:01 PM To Chris Esguerra <cesguerra@portorchardwa.gov> Cc descarssystem@des.wa.gov <descarssystem@des.wa.gov> Vehicle Quote Number: 2025-5-331 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 28423 Dealer: Bud Clary Ford (W403) Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 10943 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: cesguerra@portorchardwa.gov Quote Notes: 1029 Streets replacement Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 1 Tax Exempt: N Vehicle Options Order Option Description Code 2025- 2025 Ford F150 Lightning 4WD, Battery Electric Vehicle (BEV) (opt SSV) 05004- 0001 2025- INFORMATION ONLY: Bud Clary Ford Hyundai (Clary Longview, LLC) - DES Vendor #W403, State 05004- Vendor Payee #SWV0271256 0003 2025- INFORMATION ONLY: NEW FOR CONTRACT #28423: Delivery location must be selected, see option 05004- #0202. Standard equipment includes TWO keys. For additional keys, see option #0210. 0004 2025- INFORMATION ONLY: Ford Motor Company is not able to guarantee that this vehicle will be 05004- produced during the current model year production cycle. Also, due to uncontrollable increasing 0005 costs of raw materials, Ford might not be able to provide price protection for vehicles that will need to be re -ordered as 2026 model year. If Ford is unable to build this vehicle, we will contact you when we receive notification, offering the choice of order cancellation without penalty or acceptance Qty Unit Price Ext. Price 1 $45,531.00 $45,531.00 1 $0.00 $0.00 1 $0.00 $0.00 1 $0.00 $0.00 8 of 26MY CARS contract pricing to re -order vehicle (and upfits if applicable) with factory expedited scheduling. 2025- INFORMATION ONLY: Bud Clary Ford CARS Cancellation Fees: NO fee to cancel order if vehicle has 1 $0.00 $0.00 05004- not been scheduled for production and is able to be cancelled at factory. 2% cancellation fee if 0006 vehicle has been serialized and is locked in for production by manufacturer. 10% cancellation fee if vehicle has been serialized and has specialized equipment ordered. Custom bodies cannot be cancelled. 2WD and 4x2 vehicles cannot be cancelled. Absolutely NO cancellation if customer has licensed/registered vehicle. 2025- INFORMATION ONLY: 2025MY: The PRO Trim Level offers Standard Range and Extended Range 1 $0.00 $0.00 05004- Batteries (both Single and Dual Onboard Charging). The XLT Trim Level does NOT offer Extended 0009 Range Batteries. The Flash Trim Level ONLY offers Extended Range Batteries. The Special Services Vehicle (SSV) package is ONLY available w/ PRO Level Trim and Extended Range Battery w/ DUAL Onboard Charging. 2025- 2025 Ford F150 Lightning, Battery Electric Vehicle (BEV), 4WD; PRO Trim Level; Crew Cab; 145in 1 $0.00 $0.00 05004- Wheelbase; 5.5ft bed; Dual eMotor; 98kWh Usable Capacity Standard Range High -Voltage Battery; 0010 EPA 23MY: 76 city / 61 hwy MPGe; 240 miles total range; 8350# GVWR; 275/65R 18in All -Terrain Tires; Tire Inflator/Sealant Kit; Class IV Hitch(W1B/110A/99K/44L/145WB/66A/TTVS) -- THIS IS THE BASE VEHICLE -- Please refer to Vehicle Specifications for complete description. 2025- Pro Power Onboard - 9.6 kW (479) 1 $1,176.00 $1,176.00 05004- 0026 2025- NEW: Max Trailer Tow Package - increased tow capability - max towing TBD (includes Trailer Brake 1 $1,078.00 $1,078.00 05004- Controller, Hill Decent Control and E -Locker) (must also order Pro Power Onboard - 9.6 kW #479 if 0027 ordered w/ Standard Range Battery #99K (53D) 2025- Tow Technology Package (Includes Ford Co-Pilot360 2.0: 360 Degree Camera; Pro Trailer Backup 1 $1,911.00 $1,911.00 05004- Assist; Pro Trailer Hitch Assist; Trailer Reverse Guidance; Manual -folding Sideview Mirrors w/ Power 0028 Glass w/ Heat, Turn Signal and Black Skull Caps; LED Sideview Mirror Spotlights) (included w/ XLT Trim #311A and Flash Trim Level #312A) (17V) 2025- INFORMATION ONLY: Warranty, Delayed Start (End -User submits request at www.fordwsd.com) 1 $0.00 $0.00 05004- 0199 2025- VEHICLE DELIVERY - PLEASE SELECT ONE: 05004- 0202 1 2025- Delivery to customer location in Northwest Washington (counties of: Clallam, Island, Jefferson, King, 1 05004- Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Whatcom) (DLR) 0204 2025- INFORMATION ONLY: Standard equipment includes TWO keys. 1 05004- 0210 2025- Two (2) Extra RKE Fobs w/ Internal Keys, programmed, for vehicles with push button start. (Will 05004- give you 4 Fob/Keys total) (DLR) 0213 2025- 05004 0220 2025- 05004- 0221 Flare Kit, 3 -piece triangle with storage box, for roadside emergency use (DLR) $0.00 $0.00 $250.00 $250.00 $0.00 $0.00 1 $698.00 $698.00 1 $75.00 $75.00 Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting Bracket, uninstalled (DLR) 1 $54.00 $54.00 9 2025- Mud Flaps, Front (DLR) 1 $110.00 $110.00 05004- 0222 2025- Mud Flaps, Rear (DLR) 1 $110.00 $110.00 05004- 0223 2025- Floor Mats, HD Rubber Molded, Front (Extended/Crew Cabs) (Weather Tech) (DLR) 1 $153.00 $153.00 05004- 0224 2025- Floor Mats, HD Rubber Molded, 2nd Row (Extended/Crew Cabs) (Weather Tech) (DLR) 1 $128.00 $128.00 05004- 0225 2025- SPRAY -IN Bedliner for vehicles with Power Outlets in bed (pro -power onboard, BEV) (DLR) 1 $652.00 $652.00 05004- 0226 2025- INFORMATION ONLY: #300-399 Lighting options. Options #301: Amber package, installed prior to 1 $0.00 $0.00 05004- delivery. Options #310-399: Lighting addons, requires combining with Amber Package #301 or with 0300 controller/switch #302/303. Pricing is effective for vehicle orders received by 12/30/2025. 2025- NEW: AMBER CONTROLLER - 8 -button controller installed on dash for Amber fullsize- or mini- 1 $453.00 $453.00 05004- lightbars. Combine with amber addon option below. (AL302) 0302 2025- AMBER ADDON - Double Beacons (3in tall). (2) Ecco amber beacon light with clear lens, installed on 1 $946.00 $946.00 05004- cabguard. Wired to 8 -button controller of Base Amber Package. (Requires cabguard with beacon 0321 light mounting plates. Requires Base Amber Package #301) (ECCO EB7160A) (AL321) 2025- INFORMATION ONLY #430-439 Weather Guard Toolboxes. Aluminum toolbox with 90 -degree 1 $0.00 $0.00 05004- opening fully weather sealed lid, tamper resistant lock with automotive -style rotary latch, and 0430 powder coated finish. 2025- NEW: INFORMATION ONLY: #440-469 PROTECH Aluminum Cab Guards and options. Made in the 1 $0.00 $0.00 05004- USA. 0440 2025- ProTech Cab Guard - with mesh insert (CG441) 1 $755.00 $755.00 05004- 0441 2025- Cab Guard option - 5.5in beacon plate, driver's side (CG452) 1 $115.00 $115.00 05004- 0452 2025- Cab Guard option - 5.5in beacon plate, passenger side (CG453) 1 $115.00 $115.00 05004- 0453 Quote Totals Total Vehicles: 1 Sub Total: $54,310.00 8.4 % Sales Tax: $4,562.04 Quote Total: $58,872.04 10 ORCHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: 1029 Streets Replacement - F150 BEV Procurement method: Washington DES Department Water Sewer Storm Street Public Works DCD Police Admin Addition or Replacement Addition to Fleet 1029 Replacement Vehicle / Equipment being replaced: Fleet Standardization If Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. uested Vehicle / Equipment does not have a standard Cost 54310 Fleet standard cost Radio ($2400) Licensing ($1000), Decals ($500); tax 4562.04 Additional cost for consideration $4562.04 58872.04 TOTAL 11 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Tvpe Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD Digitally signed by Eric Eric Evans o25a61Bat1:1B:21 June 18, 2025 Reviewed by Mechanic: Name -0700• Date I have reviewed the vehicles / equipment listed above and request approval for purchase. Department Director June 18, 2025 Date Ap roved for purchase b hLt Z, - FUR Represents 've Date 12 'RF 1029 Streets replacement F150 BEV Final Audit Report 2025-06-18 Created: 2025-06-18 By: Sayre Thompson (shompson@portorchardwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAg49cTF46rMyoOle7AD_-YcZh-UQFKioL "PRF 1029 Streets replacement F150 BEV" History Document digitally presigned by Eric Evans (eevans@portorchardwa.gov) 2025-06-18 - 3:18:21 PM GMT Document created by Sayre Thompson (sthompson@portorchardwa.gov) 2025-06-18 - 8:41:33 PM GMT Document emailed to Denis Ryan (dryan@portorchardwa.gov) for signature 2025-06-18 - 8:42:30 PM GMT Email viewed by Denis Ryan (dryan@portorchardwa.gov) 2025-06-18 - 9:27:31 PM GMT Document e -signed by Denis Ryan (dryan@portorchardwa.gov) Signature Date: 2025-06-18 - 9:28:04 PM GMT - Time Source: server Agreement completed. 2025-06-18 - 9:28:04 PM GMT a Adobe Acrobat Sign 13 Q1 T Outlook Vehicle Quote - 2025-5-331 - PORT ORCHARD, CITY OF - 21802 From NOREPLY@des.wa.gov <NOREPLY@des.wa.gov> Date Mon 5/19/2025 4:01 PM To Chris Esguerra <cesguerra@portorchardwa.gov> Cc descarssystem@des.wa.gov <descarssystem@des.wa.gov> Vehicle Quote Number: 2025-5-331 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 28423 Dealer: Bud Clary Ford (W403) Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 10943 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: cesguerra@portorchardwa.gov Quote Notes: 1029 Streets replacement Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 1 Tax Exempt: N Vehicle Options Order Option Description Code 2025- 2025 Ford F150 Lightning 4WD, Battery Electric Vehicle (BEV) (opt SSV) 05004- 0001 2025- INFORMATION ONLY: Bud Clary Ford Hyundai (Clary Longview, LLC) - DES Vendor #W403, State 05004- Vendor Payee #SWV0271256 0003 Qty Unit Price Ext. Price 1 $45,531.00 $45,531.00 1 $0.00 $0.00 2025- INFORMATION ONLY: NEW FOR CONTRACT #28423: Delivery location must be selected, see option 1 05004- #0202. Standard equipment includes TWO keys. For additional keys, see option #0210. 0004 2025- INFORMATION ONLY: Ford Motor Company is not able to guarantee that this vehicle will be 1 05004- produced during the current model year production cycle. Also, due to uncontrollable increasing 0005 costs of raw materials, Ford might not be able to provide price protection for vehicles that will need to be re -ordered as 2026 model year. If Ford is unable to build this vehicle, we will contact you when we receive notification, offering the choice of order cancellation without penalty or acceptance $0.00 $0.00 1 $0.00 $0.00 14 of 26MY CARS contract pricing to re -order vehicle (and upfits if applicable) with factory expedited scheduling. 2025- INFORMATION ONLY: Bud Clary Ford CARS Cancellation Fees: NO fee to cancel order if vehicle has 1 $0.00 $0.00 05004- not been scheduled for production and is able to be cancelled at factory. 2% cancellation fee if 0006 vehicle has been serialized and is locked in for production by manufacturer. 10% cancellation fee if vehicle has been serialized and has specialized equipment ordered. Custom bodies cannot be cancelled. 2WD and 4x2 vehicles cannot be cancelled. Absolutely NO cancellation if customer has licensed/registered vehicle. 2025- INFORMATION ONLY: 2025MY: The PRO Trim Level offers Standard Range and Extended Range 1 $0.00 $0.00 05004- Batteries (both Single and Dual Onboard Charging). The XLT Trim Level does NOT offer Extended 0009 Range Batteries. The Flash Trim Level ONLY offers Extended Range Batteries. The Special Services Vehicle (SSV) package is ONLY available w/ PRO Level Trim and Extended Range Battery w/ DUAL Onboard Charging. 2025- 2025 Ford F150 Lightning, Battery Electric Vehicle (BEV), 4WD; PRO Trim Level; Crew Cab; 145in 1 $0.00 $0.00 05004- Wheelbase; 5.5ft bed; Dual eMotor; 98kWh Usable Capacity Standard Range High -Voltage Battery; 0010 EPA 23MY: 76 city / 61 hwy MPGe; 240 miles total range; 8350# GVWR; 275/65R 18in All Terrain Tires; Tire Inflator/Sealant Kit; Class IV Hitch(W1B/110A/99K/44L/145WB/66A/TTVS) -- THIS IS THE BASE VEHICLE -- Please refer to Vehicle Specifications for complete description. 2025- Pro Power Onboard - 9.6 kW (479) 1 $1,176.00 $1,176.00 05004- 0026 2025- NEW: Max Trailer Tow Package - increased tow capability - max towing TBD (includes Trailer Brake 1 $1,078.00 $1,078.00 05004- Controller, Hill Decent Control and E -Locker) (must also order Pro Power Onboard - 9.6 kW #479 if 0027 ordered w/ Standard Range Battery #99K (53D) 2025- Tow Technology Package (Includes Ford Co-Pilot360 2.0: 360 Degree Camera; Pro Trailer Backup 1 $1,911.00 $1,911.00 05004- Assist; Pro Trailer Hitch Assist; Trailer Reverse Guidance; Manual -folding Sideview Mirrors w/ Power 0028 Glass w/ Heat, Turn Signal and Black Skull Caps; LED Sideview Mirror Spotlights) (included w/ XLT Trim #311A and Flash Trim Level #312A) (17V) 2025- INFORMATION ONLY: Warranty, Delayed Start (End -User submits request at www.fordwsd.com) 1 $0.00 $0.00 05004- 0199 2025- VEHICLE DELIVERY - PLEASE SELECT ONE: 1 $0.00 $0.00 05004- 0202 2025- Delivery to customer location in Northwest Washington (counties of: Clallam, Island, Jefferson, King, 1 $250.00 $250.00 05004- Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Whatcom) (DLR) 0204 2025- INFORMATION ONLY: Standard equipment includes TWO keys. 1 $0.00 $0.00 05004- 0210 2025- Two (2) Extra RKE Fobs w/ Internal Keys, programmed, for vehicles with push button start. (Will 1 $698.00 $698.00 05004- give you 4 Fob/Keys total) (DLR) 0213 2025- Flare Kit, 3 -piece triangle with storage box, for roadside emergency use (DLR) 1 $75.00 $75.00 05004- 0220 2025- Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting Bracket, uninstalled (DLR) 1 $54.00 $54.00 05004- 0221 15 2025- Mud Flaps, Front (DLR) 1 $110.00 $110.00 05004- 0222 2025- Mud Flaps, Rear (DLR) 1 $110.00 $110.00 05004- 0223 2025- Floor Mats, HD Rubber Molded, Front (Extended/Crew Cabs) (Weather Tech) (DLR) 1 $153.00 $153.00 05004- 0224 2025- Floor Mats, HD Rubber Molded, 2nd Row (Extended/Crew Cabs) (Weather Tech) (DLR) 1 $128.00 $128.00 05004- 0225 2025- SPRAY -IN Bedliner for vehicles with Power Outlets in bed (pro -power onboard, BEV) (DLR) 1 $652.00 $652.00 05004- 0226 2025- INFORMATION ONLY: #300-399 Lighting options. Options #301: Amber package, installed prior to 1 $0.00 $0.00 05004- delivery. Options #310-399: Lighting addons, requires combining with Amber Package #301 or with 0300 controller/switch #302/303. Pricing is effective for vehicle orders received by 12/30/2025. 2025- NEW: AMBER CONTROLLER - 8 -button controller installed on dash for Amber fullsize- or mini- 1 $453.00 $453.00 05004- lightbars. Combine with amber addon option below. (AL302) 0302 2025- AMBER ADDON - Double Beacons (3in tall). (2) Ecco amber beacon light with clear lens, installed on 1 $946.00 $946.00 05004- cabguard. Wired to 8 -button controller of Base Amber Package. (Requires cabguard with beacon 0321 light mounting plates. Requires Base Amber Package #301) (ECCO EB7160A) (AL321) 2025- INFORMATION ONLY #430-439 Weather Guard Toolboxes. Aluminum toolbox with 90 -degree 1 $0.00 $0.00 05004- opening fully weather sealed lid, tamper resistant lock with automotive -style rotary latch, and 0430 powder coated finish. 2025- NEW: INFORMATION ONLY: #440-469 PROTECH Aluminum Cab Guards and options. Made in the 1 $0.00 $0.00 05004- USA. 0440 2025- ProTech Cab Guard - with mesh insert (CG441) 1 $755.00 $755.00 05004- 0441 2025- Cab Guard option - 5.5in beacon plate, driver's side (CG452) 1 $115.00 $115.00 05004- 0452 2025- Cab Guard option - 5.5in beacon plate, passenger side (CG453) 1 $115.00 $115.00 05004- 0453 Quote Totals Total Vehicles: 1 Sub Total: $54,310.00 8.4 % Sales Tax: $4,562.04 Quote Total: $58,872.04 16 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Meeting Date: July 8, 2025 Prepared By: Brandy Wallace, MMC, CPRO, City Clerk Presenter: Brandy Wallace, MMC, CPRO, City Clerk Summary and Background: Assets of the City that are no longer usable, are no longer of value to the city, or are surplus to City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus a Patch King Hot Box, belonging to the Sewer Fund and a Lyton Box, belonging to the Street Fund, as they are no longer useful to the City. The Finance department has estimated the current value of the items to be of no value, as both are beyond their life expectancy and in non -serviceable condition. They are both from the 1980's and repair parts are not available. One of the items were acquired for public utility purposes; however, it is under the required threshold to hold a public hearing. Therefore, a public hearing is not required, pursuant to RCW 35.94.040(2). Although the City's internal asset value of the items has no value, any monies from the sale of surplus property, if applicable, will be deposited into the Fund(s) which owned them. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Staff will dispose the items in a manner that reflects the best interest of the City. Relationship to Comprenhensive Plan: N/A Recommendation: Staff is recommending adoption of a resolution declaring personal property as surplus and allowing for its disposition. Motion for Consideration: I move to adopt a resolution declaring personal property, a Patch King Hot Box belonging to the Sewer Fund and a Lyton Box belonging to the Street Fund, having no value, as surplus and authorizing its disposition. 17 Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: Money received from the disposition, if applicable, of surplus items will be deposited into the Fund(s) of ownership. Alternatives: Do not adopt and provide further guidance. Attachments: Res_Declaring_Surplus_ PW items to surplus in June.pdf Layton_Box_Hot_Box_Surplus_Memo_signed_002_.pdf 18 RESOLUTION NO. -25 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSITION THEREOF. WHEREAS, certain personal property owned by the Street and Water departments of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council desires to surplus a Patch King Hot Box and a Lyton Box, in the best interest of the City as they have surpassed beyond their life expectancy and in non -serviceable condition; and WHEREAS, the City Council has determined that the current asset value of the items to be of no value; and WHEREAS, pursuant to RCW 35.94.040(2) one of the items was acquired for public utility purposes, however it is under the threshold to hold a public hearing, therefore a public hearing is not required; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interest of the City to dispose of such personal property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council declares the following items belonging to the Water and Street departments as surplus: • a Patch King Hot Box • a Lyton Box FURHTER THAT: Staff is instructed to dispose the items in a manner that reflects the best interest of the City. 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 8th day of July 2025. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 19 Asset Tag I5eria1# IDescription IMode1 IBrand I0wnership Icost Ireason to surplus Icurrent Value Sewer delete 13101 I I Patch King Hot Box 12593TL I Patch King Isewer I $2,900.00 Non -serviceable condition I $ Street deletes 300009 H8974 -B -O Layton Box Street $8,000.00 Non -serviceable condition $ 0 $10,900.00 20 ORCHARD. MEMORANDUM TO: Gretchen Isaksson FROM: Denis Ryan, Public Works Director DATE: 6/9/2025 REGARDING: Layton Box, Serial# H8974 -B -O — Street Department Patch King Hot Box, Model 2593TL—Sewer Department The Layton Box and the Hot Box are both beyond their life expectancy and in non -serviceable condition. They are both from the 1980's and repair parts are not available. Public Works is requesting to surplus the Layton Box and Hot Box and remove them from our inventory. Denis Ryan, Public Works Director PUBLIC WORKS PHONE (360)876.4991 1 FAX (360) 876.4980 216 PROSPECT ST PORT ORCHARD, WA 98366 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US WWW.CITYOFPORTORCHARD.US 21 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Approval of Amendment No. 1 to Contract No. 078-23 with Bureau Veritas North America, Inc., for Building Consultant Services (Bond) Meeting Date: July 8, 2025 Prepared By: Charli Archer, City Attorney Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The City utilizes professional consulting services for building and land use permit plan review and related inspection services to meet the demand and provide these utilized public services. Following a procurement process to select professional consultants for these services, the City identified Bureau Veritas North America, Inc. as a qualified consultant capable of providing these services. Accordingly, the City Council authorized the execution of Contract No. 078-23 with the Consultant for $140,000, with an expiration date of September 27, 2023, and the opportunity for the City to extend the term for an additional two years. The City's Department of Community Development has identified the need to extend this contract for an additional one year term, and to add $60,000 to the total contract amount to account for the additional work. The City anticipates a continuous demand for permit and plan review, and associated inspection services, and recommends this contract extension. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends approval of Amendment No. 1 to Contract No. 078-23 with Bureau Veritas North America, Inc., for building consultant services. Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 1 to Contract No. No. 078-23 with Bureau Veritas North America, Inc., for building consultant services. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: The additional services will require a budget amendment. Alternatives: Do not approve and provide alternate guidance. Attachments: Amendment 1 to Bureau Vista Contract(11071761.1).docx 078-23 - Bureau Veritas North America, Inc. - Contract.pdf 22 Amendment No. 1 to Contract No. C078-23 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. THIS AMENDMENT to Contract No. C078-23 ("Amendment") is made effective as upon mutual execution, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and Bureau Veritas North America, inc. ("Consultant"), a corporation organized under the laws of the State of Delaware, located and doing business at 2119 SE Columbia Way, STE 280, Vancouver, WA 98661 ("Consultant"). RECITALS: A. The City and Consultant entered into an agreement on September 27, 2023, for the purpose of Consultant providing on -call Plan Review and Building Inspection Services ("Agreement") for two years with a not to exceed amount of $140,000. B. The City finds the need for continued plan review and building inspection services from Consultant and therefore desires to extend the contract term and increase the not to exceed amount to $200,000 the duration of the extended term. C. The parties desire to memorialize these changes and amend the Agreement. FIRST AMENDMENT TO AGREEMENT: In consideration of the mutual benefits accruing, the parties agree as follows: 1. Amendment / Extension. The City hereby exercises the first one-year contract extension set forth in Section 4.A, making the new expiration date September 23, 2026. 2. Amendment. Section 2 of the Agreement is hereby amended to read as follows: 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 200,000 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B", including all funds paid prior to the execution of this Amendment. 11071761.1 -366922- 0001 23 3. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 4. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 5. Effective date. This Amendment shall be effective as of the date of mutual signature, identified below. DATED this day of , 2025. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title 11071761.1 -366922- 0001 24 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F Port Orchard Contract #: 078-23 Authorized Amount: 140 000 Date Start: Upon Mutual Execution Date End: DATE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a Washington municipal corporation ("City"), and Bureau Veritas North America, Inc. ("Consultant"), a Delaware Corporation located and doing business at 2119 SE Columbia Way, STE 280, Vancouver, WA 98661. RECITALS: WHEREAS, the City desires to have certain services performed for its residents and does not have the expertise and staffing to perform these services using existing employees; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 39.80 RCW; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. Upon issuance of an assignment to Consultant by the City hereunder, the Consultant shall perform in conformance with the assignment and the terms of this Agreement. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. Page! of 17 25 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Total compensation for these services shall not exceed $140,000 without advance written authorization from the City, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." 3. 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. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing upon mutual execution hereof ("Effective Date") and ending two (2) years from the Effective Date unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one - Page 2 of 17 26 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F year extensions prior to expiration of the Agreement to retain the Consultant's services without further action authorizing said amendment by the City Council. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownershiu and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. 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, Page 3 of 17 27 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification. 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Page 4 of 17 28 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. Page 5 of 17 29 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. 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 terms 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. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. 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. 13. Termination. This Agreement may be terminated by the City at any time for any reason upon thirty (30) days advance notice. 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 Page 6 of 17 30 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. Page 7 of 17 31 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. The City is a "DRS -covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. Page 8 of 17 32 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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. 23. 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. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 cityclerk@portorchardwa.gov Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: C/O Craig Baptista 180 Promenade Circle, Suite 150 Sacramento CA 95834 Phone No.: (916) 514-4516 Email: craiR.baatistal@bureauveritas.com 25. Resolution of Disputes; 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 Page 9 of 17 33 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. 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: A. 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. B. 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. C. 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 Page 10 of 17 34 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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. D. 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. E. 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: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT CITY OF PORT ORCHARD Page!! of 17 35 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F By: cta Title: Vice President Date: September 27, 2023 DocuSigned by: By: �D� P4MJA Stub. Robert Putaansuu, Mayor 9/27/2023 Date: ATTE�igned Tc�SAU�HENTICATE Vcun i UJa(,L w Brandy Wallace, MMC, City Clerk APPRPVSgDdAS TO FORM cuhis vs Port Orchard City Attorney's Office Page 12 of 17 36 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F EXHIBIT A Scope of Services to be Provided by Consultant. When requested by the City, the Consultant will provide services in accordance with the terms and conditions of this agreement. BUILDING OFFICIAL SERVICES At the request of the City's Building Official, services may be provided for code interpretation and administrative needs such as ordinance review and update, staffing needs and department budget development and review. MEETING ATTENDANCE The Consultant's staff is available to attend City -requested meetings such as pre -application, preconstruction or cooperative review meetings. PLAN REVIEW The City will determine which plans and building permit applications will be reviewed by the Consultant. The City will intake, track, and process the permit applications and all revisions per current building permit administration procedures. The Consultant will review such plans submitted with building permit applications for structural and nonstructural code compliance in accordance with the currently adopted construction codes as adopted and amended by the state of Washington and the City, except that the Consultant will confer with the City's Building Official and his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). The Consultant will not design for the applicant, make any structural changes on the plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of the applicant or design professional. When the plans and applications are consistent with the City's codes, the Consultant will indicate that the drawings have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. The reviewer's name and date of compliance will be affixed to each sheet in up to three sets of drawings including the cover sheet. Full Plan Review: Upon request by the City, the Consultant shall review all project documents which consist of plans, specifications and engineering. The Consultant will approve and return the plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the City. The Consultant will approve and return the plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the City. Review may include: • Structural Review • Architectural Review • Energy Review • Barrier Free Accessibility Review • Fire Code Review • Fire Sprinkler Review Page 13 of 17 37 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F • Fire Alarm Review • Mechanical Review • Plumbing Review • Civil/Site Plan Review Deferred Review & Review After Permit Issuance: Upon request by the City, the Consultant shall review deferred submittal designs, approve and return plans to the City for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information. Review of deferred submittal items or revision to permits after approval or permit issuance are provided at an hourly rate included in Exhibit B. Additional Reviews: The Consultant shall perform additional reviews beyond (1) recheck when authorized by the City, at an hourly rate as described in Exhibit B. Turn -around Time: Plans will be reviewed using the Washington State Building and Energy Code as adopted by the City and will be processed using the Timeline Schedule for Plan Review listed below. Timeline commences upon delivery of a complete permit application and plans; and ends upon the delivery of a correction letter or return of the approved permit application and plans. The City's Building Official has sole authority to interpret and reject plans. • The review time may be negotiated based on the number and complexity of projects to be reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control. During heavy workloads or schedule delays, the Consultant shall notify the City of revisions to estimated target dates. Timeline Schedule for Plan Review Project Type Initial Review (Business Days) Recheck (Business Days) Residential Projects (New Construction, Additions & Remodels) 105 New Multi -Family Projects 15 10 Commercial Projects 10-20 7-10 Commercial Additions, Tenant Improvements 10 5-7 *All turnaround times have been specified from the full day they are received in our offices. BUILDING INSPECTION Depending on staff availability the Consultant will provide a certified building inspector or equal to perform the following services on an as -needed, on -call basis: • Upon authorization by the City, the inspector will perform building inspection work for the City. • Generally advance notice of inspection requests are recommended and desired to assure confirmation of staffing needed to provide inspection services. This is generally possible for scheduled vacations, training events, and other known scheduling needs such as heavy workflow. In the case of heavy work flow a City provides notice that a set schedule, is requested (i.e., Tuesday /Thursday for the next 4 months starting March 1, etc.) while this method is desirable to assure adequate staffing, unscheduled inspection requests may be made. Consultant respectfully requests Page 14 of 17 38 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F as much advance notice as possible and will work diligently to provide inspection staff meeting your needs. At the request by the City, the inspector shall be asked to perform one or more of the following inspection tasks: • non-structural fire and life safety inspections • structural inspections • energy code inspections • barrier free inspections • mechanical & plumbing inspections • building code compliance, compliance inspections • The inspector will provide building inspections in accordance with the currently adopted International Codes, Washington State Building Code (WAC 51-50 etc.), and Energy Code (WAC 51- 11), and the applicable City Building Codes. The inspector will confer with the City's Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable Code(s), or that involves an unusual interpretation. • Inspections will be done in accordance with all codes, ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained on the job card in the field and on the office copy of the permit. • The City shall guarantee a minimum of 8 hours of inspection each work day that inspection services are provided, unless otherwise mutually agreed. • All inspections and re -inspections will be performed for compliance with the Washington Codes and all applicable State, Federal and local laws and City amendments under the direction of City staff using City procedures and methods. Consultant inspectors will confer with the Building Official and/or designated staff member on all discretionary decisions or requests for alternate materials or types of construction. Consultant inspectors will provide services as if they were regular members of the City inspection staff. Vehicles: City vehicles will not be used to perform City inspections unless specifically permitted and directed. If City vehicles are used, reimbursement charges for milage will not apply. Reimbursement charges will apply for use of private vehicles for inspection services. Office Equipment, Computers etc.: Consultant inspectors may (at the City's discretion) be assigned City office equipment such as computers, tablets, phones, iPads or printers and may have access to these tools while on -call. Consultant inspection staff will abide by the City policies and procedures regarding the use of all assigned equipment. ADDITIONAL SERVICES: Additional services may be provided as needed and as mutually agreed upon. Note that Consultant may be able to provide services which are not specifically listed below. The following services are available at the request of the City depending on Consultant staff availability. • Permit Technician Page 15 of 17 39 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F Code Training and Coaching: Upon request by the City, the Consultant shall assist staff with knowledge and resources to enhance their skill level and efficiency. The Consultant will also help with a coaching plan to assist obtaining ICC certification. • Full day seminar style training sessions • One on one sessions with staff EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. Page 16 of 17 40 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F The rates set out in this exhibit may be increased annually during the life of the contract upon a 60 - day advance notice, provided the annual increase shall be no more than annual CPI from Engineering News Record (ENR). Page 17 of 17 41 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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, Page 18 of 17 42 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F - Exhibit B Bureau Veritas' pricing reflects our commitment to the success of the City by helping you maintain significant quality and cost saving benefits moving forward. These Include: • Highly qualified staff familiar with the City's needs • Reduced plan review turnaround times • Implementation of electronic plan review processes to help improve efficiency and control costs • Confidence of working with a well -established consultant in operation for 195+ year Percentage of City's Collected Fees 60% Project Manager $155.00 Structural Engineer/ Fire Protection Engineer/ Senior Plan Review Engineer $160.00 Plan Review Engineer/ Sr. ICC Certified Plans Examiner $140.00 Fire Plan Reviewer $135.00 ICC Certified Plans Examiner $125.00 Sr. Building Inspector $115.00-$135.00 Building Inspector $95.00-$115.00 ICC Certified Permit Counter Technician $70.00-$85.00 Administrative/Clerical Support $60.00-$75.00 Pricing assumes that this contract is non -prevailing wage. For any prevailing wage projects, BV will discuss rates with the City to accountforthe California Prevailing Wage requirements. Fast track! Expedited plan reviews shall bean additional 1.5 times the fees shown above. All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times the hourly rate for overtime hours per State and Federal wage and hour laws. No overtime will be charged without prior consent. Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. Mileage for employee -owned vehicles used in connection with the work will be at the current IRS rate. Hourly fees are subject to an annual adjustment in accordance with the CPI from Engineering News Record (ENR) with the City's prior approval. Plan review fees to be invoiced after initial review. Hourly services will be invoiced monthly. 43 DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F 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 19 of 17 44 ORCHAR6 Meeting Location: Council Chambers 216 Prospect Street Port Orchard, WA 98366 City Council Minutes Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www.portorchardwa.gov Regular Meeting of Tuesday, May 13, 2025 Roll Call was taken by the City Clerk as follows: Present: Scott Diener, Mayor Pro-Tempore, Position No. 3 Fred Chang, Councilmember Position No. 6 John Morrissey, Councilmember, Position At -Large Heidi Fenton, Councilmember, Position No. 5 Robert Putaansuu, Mayor Eric Worden, Councilmember, Position No. 4 Jay Rosapepe, Councilmember, Position No. 2 Mark Trenary, Councilmember, Position No. 1 Staff present: Public Works Director Ryan, Finance Director Crocker, City Attorney Archer, Chief of Police Brown, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Department of Community Development Director Bond. Audio/Visual was successful. 1. CALL TO ORDER A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA Moved by Jay Rosapepe; seconded by Scott Diener to Remove 2 items from the Consent Agenda and place under Business Items; Consent Agenda 4E Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for 2025 Funding Allocation, and Consent Agenda 4J Adoption of a Resolution Approving the Purchase of a F-350 Flatbed and Ratifying the Mayor's Signature on the Purchase Order. Motion Carried: 7 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None 45 May 13, 2025, City Council Meeting Minutes Page 2016 Moved by Jay Rosapepe; seconded by Mark Trenary to approve the agenda as amended. Motion Carried: 7 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None 3. CITIZEN COMMENTS Jamie Clough, Government Affairs Director with the Kitsap Building Association, officially introduced himself and extended an invitation for a bus tour [June 17, 2025] of different development and construction sites. Jamin Mason voiced concerns about Kitsap County and justice for the Black American Negro Freedman (BANE). 4. CONSENT AGENDA Moved by Mark Trenary; seconded by Heidi Fenton to Approve the Consent Agenda as amended. Motion Carried: 7 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None A. Approval of Vouchers and Electronic Payments Approval of Voucher Nos. 88998 and 89004 through 89037 and 89043 through 89067 including bank drafts in the amount of $321,231.26 and EFT's in the amount of $1,279,364.14 totaling $1,600,595.40. B. Approval of Payroll and Direct Deposits Approval of Payroll Check Nos. 88999 through 89003 and 89038 through 89042 including bank drafts and EFT's in the amount of $608,635.42 and Direct Deposits in the amount of $274,629.59 totaling $883,265.01. C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 5.94 Special Events D. Adoption of a Resolution Authorizing the Mayor to Execute a Custom Street Lighting Order with PSE for the Port Orchard TIB Phase 4 Project, Pursuant to the Existing Master Lighting Services Agreement €.Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Rccommcndation for 2025 Funding Allocation F. Approval of Special Event Street Closure: 56th Fathoms O' Fun Annual Grand Parade with Great Ball Race G. Approval of Special Event Street Closure: South Kitsap 2025 Graduation Cruise H. Approval to Accept a Special Event Application and Waive the Submittal Timeline: Port Orchard Mosquito Fleet Fest 46 May 13, 2025, City Council Meeting Minutes Page 3 of 6 I. Approval to Accept a Special Event Application and Waive the Required Timeline and to Approve Road Closure: Port Orchard Night Market J- Adoption of a Resolution Approval the Purchase of a F 350 Flatbed and Ratifying the Mayor's Signature on the Purchase Order 5. PRESENTATION A. Introducing the Fathoms O' Fun 2025 Royalty Court Helene Jenson, Fathoms O' Fun Festival, Inc., spoke about their organization and provided information on upcoming events. She introduced members of the Royalty Court, Queen Mia and Senior Princess Amelia, who also introduced themselves and spoke about their platforms. There were no public hearings. A. Adoption of a Resolution Authorizing the Mayor to Execute a Loan Agreement with the Washington State Public Works Board for the Old Clifton Road Water Intertie Project Moved by Eric Worden; seconded by Heidi Fenton to Adopt a Resolution authorize the Mayor to execute the loan agreement with the Washington State Public Works Board for the Old Clifton Road Water Intertie Project in the amount of $1,000,000. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None B. Approval of Amendment No. 3 to Contract No. C080-22 with Skillings, Inc. for Engineering Work for the Bay Street Pedestrian Pathway Project Moved by Mark Trenary; seconded by Jay Rosapepe to Authorize the Mayor to execute Amendment No. 3 to Contract No. C080-22 with Skillings, Inc. for the Bay Street Pedestrian Pathway Project. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None C. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for 2025 Funding Allocation 47 May 13, 2025, City Council Meeting Minutes Page 4 of 6 Moved by John Morrissey; seconded by Jay Rosapepe to Adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for the 2025 funding allocation, as presented. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None D. Adoption of a Resolution Approving the Purchase of a F-350 Flatbed and Ratifying the Mayor's Signature on the Purchase Order Moved by Jay Rosapepe; seconded by John Morrissey to Adopt the resolution approving the purchase of a vehicle and associated equipment for the Equipment Rental Revolving Fund 500 and ratifying the Mayor's signature on the purchase order. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: None 8. DISCUSSION ITEMS There were no discussion items. �'>!:1IZ91.4&TO9419111i;[0lI�4reluI►&IIta9 *1 A. Council Committee Routine Meetings Mayor Putaansuu and Councilmember Rosapepe reported on the May 13th Utilities Committee tour. Councilmember Rosapepe reported on the May 13th Sewer Advisory Committee meeting. Councilmember Chang reported on the May 3rd Coffee with Council. 10. REPORT OF MAYOR The Mayor reported on the following: • City Hall Ribbon Cutting and walking tour of downtown Port Orchard. • Givens Park Groundbreaking ceremony. • Rental assistance program with Kitsap Community Resources. Following a brief discussion about the June 24th Council meeting, during which three Councilmembers and the Mayor will be attending the AWC Annual Conference, a resolution 48 May 13, 2025, City Council Meeting Minutes Page 5016 will be presented at the next Council meeting to cancel the June 24th meeting and convert the June 17th work study session into a regular business meeting. • Kitsap Transit business trip and finding a Mayor Pro-tem. • Read into record minutes from 50, 75 and 100 Years ago. 11. REPORT OF DEPARTMENT HEADS Public Works Director Ryan mentioned next week is National Public Works Week. Finance Director Crocker reported on the City's budget for the TIP (Transportation Improvement Program) 1.2 Bay Street Pedestrian Pathway project. City Attorney Archer reminded Council about the statutory prohibition for using City facilities for election purposes. Police Chief Brown said it is National Police Week. City Clerk Wallace reported the Clerk's Office has an intern for the summer, Tasha Sorensen. Community Development Director Bond reported on the middle housing code and transportation impact fees. 12. CITIZEN COMMENTS Jamin Mason thanked City Council for allowing him to come down and speak during citizen comments, regardless of the elevator not working and thanked maintenance staff for completing tasks on City Hall that he asked for. Lastly, he asked moral, legal, and human right questions. 13. GOOD OF THE ORDER Councilmember Worden said he will be out during the next Council meeting (May 20th). Councilmember Fenton spoke about a guest speaker at the Port Orchard Rotary meeting who discussed the Bremerton West Sound Technical Skills Center that is being built. Councilmember Rosapepe thanked the Councilmembers who attended the South Kitsap Public Education Fund dinner on April 25th. 14. EXECUTIVE SESSION At 8:05 p.m., Mayor Putaansuu recessed the meeting for a 30 -minute executive session pursuant to RCW 42.30.110(1b)(1i) regarding a real estate matter. Community Development Director Bond and City Attorney Archer were invited to attend, and Mayor Putaansuu announced no action will follow. At 8:35 p.m., Mayor Putaansuu extended the executive session for an additional 15 -minutes 49 May 13, 2025, City Council Meeting Minutes Page 6 of 6 At 8:50 p.m., Mayor Putaansuu reconvened the meeting back into session. 15. ADJOURNMENT The meeting adjourned at 8:50 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 50 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Public Hearing: Public Hearing on a Transportation Impact Fee Ordinance (Bond) Meeting Date: July 8, 2025 Prepared By: Nick Bond, AICP, Community Development Director Presenter: Nick Bond, AICP, Community Development Director Summary and Background: In 2015, the City of Port Orchard adopted an impact fee ordinance and established traffic impact fees for the first time. The rates were subsequently updated in February 2021 following the completion of a new Traffic Impact Fee Rate Study. It is recommended that the City reevaluate traffic impact fees every 3-4 years to ensure the program accurately captures the proportionate share of growth -related project costs, reflects the most current growth projections, and remains legally defensible. Since the 2021 update, cost estimates for projects included in the City's Capital Facilities Element have increased significantly. Additionally, the City has identified new transportation projects to be added to the list of those partially funded through impact fees. The proposed fee increase ensures that new development contributes its fair share toward the build - out of Port Orchard's transportation system. It will also enable the City to deliver projects more efficiently compared to the current fee structure. The City Council is asked to conduct a public hearing on the draft June 2025 Transportation Impact Fee Study and Fee Schedule and adopting ordinance. The Council previously discussed this matter at its May 20, May 27, June 10, and June 17, 2025 meetings and directed staff to proceed with the preparation of an adopting ordinance preferred alternative. Under this preferred alternative, the proposed Peak PM Trip rate is $7,977, which would result in a fee of $7,498 for a single-family dwelling. This represents an increase from the current Peak PM Trip rate of $6,288.31 and the current single-family dwelling fee of $6,225.43. The draft ordinance includes an effective date of Monday, July 28, 2025, to allow the Permit Center adequate time to implement the new fee structure. Relationship to Comprenhensive Plan: The projects making up the transportation impact fee rate calculation are identified in the 2025 Comprehensive Plan. Recommendation: Staff recommends that the City Council hold a public hearing on the proposed 51 transportation impact fee ordinance and rate study. Motion for Consideration: N/A Has item been presented to Committee/Work Study? If so, which one: Work Study Fiscal Impact: The proposed ordinance would increase the Peak PM Trip transportation impact fee by 27% and would be likely to increase transportation impact fee revenues. Alternatives: Multiple alternatives were reviewed by the City Council before a preferred alternative was developed for inclusion in the rate study. The preferred alternative fell at roughly the midpoint between Alternatives A and B as presented at previous meetings. Attachments: 01 Transportation Impact Fee Ordinance.docx Port Orchard 2025 TIF Rate Study_2025061 1 .pdf 7.6.25 Port Orchard Public Comments on Traffic impact Fees LETTERHEAD.pdf TIF LETTER TO COUNCIL.pdf 52 ORDINANCE NO. XXX-25 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO IMPACT FEES, ADOPTING A NEW TRANSPORTATION IMPACT FEE SCHEDULE AND REPEALING THE PRIOR TRANSPORTATION IMPACT FEE SCHEDULE ADOPTED AS EXHIBIT A TO ORDINANCE NO. 007-21; PROVIDING FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A -C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21, 013- 22, 001-25, and 002-35; and WHEREAS, in 2023 the Washington Legislature passed SB 5258 related to housing affordability; and WHEREAS, SB 5258 includes a requirement codified in RCW 82.02.060 that impact fee schedules reflect the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in or by the housing unit in order to produce a proportionally lower impact fee for smaller housing units; and WHEREAS, consistent with SB 5258 and RCW 82.02.060, the transportation impact fee rate schedule has been and will continue to be assessed based on trip generation, one of the three approved methods under law; and WHEREAS, The City hired a consultant, Transportation Solutions, Inc. to prepare a Page 1 of 5 11000329.1- 366922 - 0001 53 Ordinance No. 0XX Page 2 of 3 Transportation Impact Fee Study and 3 alternatives were presented, reviewed, and discussed at the May 20 City Council Work Study meeting; and WHEREAS, the City Council directed city staff and the City's consultant to prepare a preferred alternative as attached to this ordinance as Exhibit A; and WHEREAS, a properly noticed public hearing on this Ordinance was conducted on July 8, 2025; and WHEREAS, on July 8, 2025, at its regular meeting and after conducting a public hearing, the City Council considered the updated transportation impact fee schedule and public testimony[was/was not received]; and WHEREAS, this Ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental regulations, Chapter 20.160 POMC; and WHEREAS, the City Council finds that the transportation impact fee schedule attached as Exhibit A is consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Adoption of Transportation Impact Fee Schedule. In accordance with POMC 20.182.060, the City Council hereby adopts a new Transportation Impact Fee Schedule which is attached to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This transportation impact fee schedule shall become effective on the effective date established in Section 4 below and shall replace and supersede any previously adopted transportation impact fee schedule. No other Impact Fee Schedules (transportation or school district) are modified by this Ordinance. SECTION 3. Section 2 of this Ordinance is deemed of special effect and shall not be codified. SECTION 4. Effective Date of New Transportation Impact Fee Schedule. The Transportation Impact Fee Schedule which is adopted pursuant to Section 2 of this Ordinance shall take effect and be in full force and effect on 12:01 AM on July 28, 2025. 54 Ordinance No. 0XX Page 3 of 3 SECTION 5. Savings Clause. The Transportation Impact Fee Schedule which is repealed and replaced by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date set out in Section 4 hereof. Such repealer shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 7. 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 8. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this _ day of , 2025. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, CMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: 55 Transportation Solutions .� p INNOVATIVE I PRACTICAL I EQUITABLE CITY OF PORT ORCHARD 2025 TRANSPORTATION IMPACT FEE RATE STUDY AND FEE SCHEDULE FINAL REPORT June 2025 Prepared for: City of Port Orchard Prepared by: Transportation Solutions, Inc. 16932 Woodinville -Redmond Rd NE Suite A206 Woodinville, WA 98072 56 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Table of Contents 1. Introduction....................................................................................................................................... 1 Definitionof Impact Fees.................................................................................................................................... 1 Statutory Basis for Impact Fees.......................................................................................................................... 1 2. Impact Fee Analysis............................................................................................................................ 2 Methodology...................................................................................................................................................... 2 Current Impact Fee and Context........................................................................................................................ 2 Projects Eligible for Impact Fees......................................................................................................................... 3 EligibleProject Costs........................................................................................................................................... 3 Impact Fee Calculation Methodology................................................................................................................. 4 3. Additional Issues for Consideration..................................................................................................... 5 Anticipated Annual Impact Fee Revenue........................................................................................................... 5 AnticipatedGrant Revenue................................................................................................................................ 5 Anticipated Need for Other Public Funds........................................................................................................... 5 4. Transportation Impact Fee Rate Comparison....................................................................................... 6 5. Credits and Adjustments..................................................................................................................... 6 ImpactFee Credits.............................................................................................................................................. 6 IndependentFee Calculation.............................................................................................................................. 6 Appendices Appendix A. Transportation Impact Fee Project List Appendix B. Comparison of 2024 TIE Rates in Western Washington Appendix C. Transportation Impact Fee Rate Schedule List of Tables Table 1. Average Annual Unfunded Commitment.................................................................................................. 5 Table 2. Transportation Impact Fee Rates for Nearby Jurisdictions....................................................................... 6 Transportation Solutions, Inc. June 2025 57 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 1. Introduction The City of Port Orchard has maintained a transportation impact fee (TIF) program since 2015. Since its implementation, the TIF program has provided funding to transportation improvement projects, including the Tremont Street Widening Project and Bethel Road and Sedgwick Road Corridor improvements, which have provided multimodal capacity to accommodate growth throughout the city. This report summarizes the development of an updated transportation impact fee rate which reflects the transportation improvement project list and growth forecasts described in the Transportation Element of the 2025 Comprehensive Plan. Definition of Impact Fees Impact fees are a comprehensive grouping of charges based on new development. These fees are assessed to pay for capital facility improvement projects necessitated by new development growth, including but not limited to parks, schools, and streets/roads. Transportation impact fees are collected to fund improvements that add capacity to the transportation system, accommodating the travel demand created by new development. The Revised Code of Washington (RCW) Section 82.02.050 identifies the intent of impact fees as: • To ensure that adequate facilities are available to serve new growth and development; • To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and • To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Statutory Basis for Impact Fees Transportation impact fees are a financing mechanism authorized by the Washington State Growth Management Act (GMA) (see RCW 37.70A and 82.0). State law imposes limitations on impact fees to assure property owners that the fees collected are reasonably related to their actual impacts and will not be used for unrelated purposes. If impact fees are imposed, the funds collected from developments can be expended only on transportation system improvements which are: (a) identified in the comprehensive plan, capital improvement program, or other policy documents (including this study) as needed for growth, and (b) reasonably related to the impacts of the new development from which fees are collected. Specifically, condition (a) requires that impact fees are not used on improvements needed to remedy existing deficiencies. Those needs must be entirely funded from public sector resources. Condition (b) is satisfied if the local government defines a reasonable service area, identifies the public facilities within the service area that require improvement during the designated planning period, and prepares a fee schedule taking into account the type and size of the development as well as the type of public facility being funded. To achieve the goal of simplicity, impact fee calculations are applied on an average basis for the entire transportation system, rather than project -by -project. This is a key difference between impact fees and Transportation Solutions, Inc. 1 June 2025 58 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule State Environmental Policy Act (SEPA) mitigation, whereby pro -rata shares of specific project improvements are collected. However, impact fees are not a replacement for SEPA mitigation. Pre -calculated impact fees are easier to administer than traditional SEPA development mitigation, at the point of development review. However, more complex administrative procedures are necessary to track the funds collected from each development. This is necessary to assure that the funds are expended only on eligible transportation system improvements and to assure that impact fee revenues are used within ten years. Fees not expended within ten years must be refunded with interest to the current owner of the property. The methodology and results described below are consistent with the requirements of the GMA. The procedures and recommendations described herein can be formally enacted by an impact fee ordinance incorporating this report by reference. 2. Impact Fee Analysis Methodology The conceptual basis for the transportation impact fee is that new development (growth) should pay a proportionate share of the cost of transportation infrastructure required to support growth. This proportionate share is calculated based on the estimated cost of growth -related transportation improvement projects and on an estimate of growth's share of capacity utilization for each project. The impact fee analysis is limited to projects that provide capacity improvements needed for growth. Projects related to maintenance, such as pavement overlays and physical obsolescence, as well as improvements necessary to mitigate existing capacity deficiencies, are not eligible for impact fee funding. However, multimodal transportation improvements, including shoulder widening, sidewalks, bike lanes and parallel trails are reasonable to include as both motorized and nonmotorized capacity enhancements. Current Impact Fee and Context The Port Orchard transportation impact fee program was initially adopted in 2015 and has been regularly updated to reflect changes in transportation improvement projects, housing and employment forecasts, and construction and engineering costs. As of June 2025, the City of Port Orchard has a transportation impact fee of $6,288 per PM peak hour trip or $6,225 per single-family dwelling unit. This study updates the impact fee program to maintain consistency with the Transportation Element of the Comprehensive Plan as well as the Transportation Improvement Program, including updated project needs, cost estimates, and development forecasts. This allows the transportation impact fee program to remain compliant with current RCW requirements. Transportation Solutions, Inc. 2 June 2025 59 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Projects Eligible for Impact Fees Not all planned transportation projects and programs are eligible for impact fees. Planned improvement projects are divided below into the following categories to establish a list of qualifying projects that will form the basis for this impact fee rate update: • Project Improvements, • Maintenance Projects, and • Planned Transportation Projects needed within 20 years Protect Improvements Project improvements are transportation improvements necessary for a specific development that do not provide significant system benefits. These are typically low -volume local streets that serve driveways and parking areas. They may provide connections to other developments, but not for the purpose of significant system capacity. Other project improvements include safety improvements and new access connections to existing arterials that serve only one development. Project improvements are typically required by other development regulations or as SEPA mitigation for specific development impacts not anticipated in the Comprehensive Plan. Project improvements are not eligible for impact fees. Maintenance Protects Maintenance programs, general studies, and non -capital activities are generally not eligible for impact fees. A component of ongoing pavement preservation could be eligible for impact fees if it is demonstrated that growth increases the magnitude of pavement reconstruction requirements. For instance, if existing conditions require a two-inch asphalt overlay, but added traffic from growth requires a three-inch asphalt overlay to achieve the same pavement life, the cost of the additional inch of asphalt could be attributed to growth. If the overlay provides increased lane width, intersection improvements, or shoulder widening, the cost of the expansion could be considered eligible. Planned Transportation Projects The Port Orchard 2025-2044 Transportation Improvement Program (TIP) identifies transportation projects which are needed to serve traffic growth for the next 20 years. The TIP list is consistent with the growth forecasts and transportation improvement needs identified in the Transportation Element of the Port Orchard Comprehensive Plan. Projects with capacity benefits are eligible for transportation impact fee funding, provided capacity improvements are reasonably related to growth. Capacity -related improvements may include but are not limited to adding turn lanes, separating nonmotorized modes, and modifying intersection control by adding signals or roundabouts. The methodology for intersection and street segment capacity calculation is described in the Transportation Element. Based on the criteria and plans identified above, a total of 38 transportation improvement projects were identified as eligible for transportation impact fee funding. The TIF project list is provided in Appendix A. Projects which are not capacity -related, or which are considered maintenance programs, are not eligible for impact fee funding and were not included in the TIF project list. Eligible Project Costs The eligible portion of impact fee project costs includes elements which are necessary for the construction of improvements, including design, permitting, right-of-way, construction, and construction management. Ongoing or future maintenance is not an eligible impact fee cost. Transportation Solutions, Inc. 3 June 2025 60 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Impact Fee Calculation Methodology The impact fee rate was calculated by identifying growth's per -trip share of eligible transportation improvement costs. The methodology is described below. Grant and Intergovernmental Funding Assumptions Federally classified (collector and arterial) streets are generally eligible for state and federal grant funds. These funds are not predictable, typically have very restrictive eligibility criteria, and vary in amount by grantor. Additionally, cost -sharing agreements with Washington State Department of Transportation (WSDOT) and Kitsap County are anticipated to reduce some of the City's cost burden. This analysis assumed that several eligible projects will receive grant funding or other intergovernmental funding. Known grant awards were applied where possible, and target amounts were applied on projects for which grant funding had not yet been secured but is reasonably likely to be secured in the future. Fourteen projects were assumed to receive a total of $51,875,848 in grant funding through 2045. This represents 31 percent of total impact fee eligible project costs. The remaining project costs are expected to be funded by the City of Port Orchard or by new development (growth). Anticipated grant funding for each project is identified in the TIF project list in Appendix A. Pr000rtionate Share of Proiect Cost The growth share of non -grant funded impact fee eligible project costs was calculated using the Port Orchard travel demand model, which is the technical basis for the transportation needs forecasts identified in the Transportation Element as well as the Port Orchard transportation concurrency management system. The travel demand model forecasts the quantity, distribution, and route choice of trips associated with new and existing development in and near Port Orchard. The travel demand model indicates that new development will generate a total of 8,579 new PM peak hour trips citywide between 2025 and 2045. Growth share was calculated by project based on the proportion of new development trips in 2045 relative to 2025 traffic volume on each project street segment or intersection. For eligible multimodal shared -use path projects, growth share was calculated based on travel demand growth on a street segment or intersection in the project vicinity. The proportionate share for each project was capped at the anticipated non -grant share of project cost. For example, if a project improved an intersection with anticipated traffic volume growth of 40 percent but that project was anticipated to receive 80 percent grant funding, the growth share of project cost was limited to the non -grant -funded share of 20 percent. The proportionate share of growth responsibility for each TIF-eligible project is identified in Appendix A. The sum of the growth share of project cost for all impact fee projects is $68,431,221, or approximately 41 percent of total impact fee eligible project cost. The remaining $46,881,924 (28%) will require funding from other sources. Transportation Impact Fee Rate The TIF rate was calculated by dividing the total growth share of eligible project costs by the citywide 2025-2045 PM peak hour trip growth forecast, as shown: Development share of project costs $68,431,221 New PM peak hour trips citywide 8,579 trips = $7,977 / PM peak hour trip Transportation Solutions, Inc. 4 June 2025 61 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 3. Additional Issues for Consideration Anticipated Annual Impact Fee Revenue The amount of revenue generated annually by impact fees are variable, subject to general economic and social conditions. The anticipated annual revenue from the proposed transportation impact fee, based on the travel demand growth forecast of 8,579 new trips by 2045, is shown below: 429 trips $7,977 * = $3,422,133 / year year PM trip The transportation impact fee is anticipated to generate an average of $3,422,133 per year. This represents a 20 -year average and may be more or less in any given year. Anticipated Grant Revenue Grant funding totaling $51,875,848 for impact fee eligible projects was subtracted from the total project cost used in the impact fee rate calculation. These funds were estimated on a per -project basis but are unpredictable and may vary. If actual grant funding falls short of the assumed awards, the City of Port Orchard will need to identify other revenue sources to cover the funding gap. Anticipated Need for Other Public Funds The anticipated impact fee revenue does not fully fund the non -grant share of TIF project costs. The anticipated need for other public funds is summarized in Table 1. Table 1. Average Annual Unfunded Commitment Amount Share of Total Total TIF-Eligible Project Cost $167,188,993 100% Anticipated Grant & Intergovernmental Revenue $51,875,848 31% Growth/Development Share of Project Cost $68,431,221 41% Remaining Unfunded Commitment (2025-2045) $46,881,924 28% Average Annual Unfunded Commitment $2,344,096 The City will need to identify other revenue sources to fund the remaining unfunded revenue commitment of $46,881,924 associated with the TIF projects. This represents an average funding commitment of $2,344,096 per year. Transportation Solutions, Inc. June 2025 62 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 4. Transportation Impact Fee Rate Comparison Current transportation impact fee rates for several cities in Kitsap and Pierce County as of June 2025 are identified below. A full comparison chart of transportation impact fee rates, current as of 2024, is provided in Appendix B. Table 2. Transportation Impact Fee Rates for Nearby Jurisdictions Jurisdiction Transportation Impact Fee Rate $/PM trip' $/DU2 City of North Bend (Western WA maximum) $17,149 $16,120 Pierce County3 $9,917 $9,322 City of Port Orchard — Proposed $7,977 $7,498 City of Gig Harbor $7,577 $7,122 City of Port Orchard — Existing $6,288 $6,225 Western Washington 2024 Average $5,717 $5,374 City of Poulsbo $5,640 $5,302 Kitsap County $5,382 $5,059 City of Bainbridge Island $5,000 $5,319 City of Oak Harbor (Western WA minimum) $589 $907 'Fee rate per new PM peak hour trip; 2Fee rate per new single-family detached dwelling unit (DU) 3Pierce County TIE rate varies by service area 5. Credits and Adjustments Impact Fee Credits An applicant may request a credit for impact fees in the amount of the value of system improvements, including dedications of land, improvements, and/or construction provided by the applicant. Credits should be considered on a case -by -case basis and should not exceed the impact fee payable. Claims for credit should be made before the payment of the impact fee. Credits for construction should be provided only if the land, improvements, and/or the facility constructed are listed as planned transportation projects in the Rate Study and Impact Fee Ordinance. No credit should be given for code based frontage improvements or right or way dedications, or direct access improvements to and/or within the subject development (project improvements) unless the improvement is part of a project listed in the Rate Study and Impact Fee Ordinance. Independent Fee Calculation An applicant may submit an independent fee calculation for a proposed development activity. The documentation submitted should be prepared by a traffic engineer licensed in Washington State and should be limited to adjustments in the trip generation rates used in the fee calculation. Transportation Solutions, Inc. 6 June 2025 63 Appendix A. Transportation Impact Fee Project List Transportation Solutions, Inc. 64 Tom 2025 Transportation Impact Fee Rate Study ORCHARD Project List Total $167,188,993 $51,875,848 (31%) $46,881,924 (28%) $68,431,221 (41%) 2025-2045 Trip Growth Impact Fee Rate per Trip 8,579 $7,977 Impact Fee per Single -Family Home $7,498 * Tremont Street Widening Ph. 1 (Complete) $23,600,000 $16,030,336 (68%) $0 (0%) $7,569,664 (32%) 1.1 Bay Street Pedestrian Pathway ROW $2,804,800 $1,923,590 (69%) $180,210 (6%) $701,000 (25%) 1.2 Bay St Pedestrian Pathway Construction $4,115,000 $3,000,000 (73%) $86,000 (2%) $1,029,000 (25%) 1.3 Bethel Phase 1 Design $2,242,000 $0 (0%) $1,121,000 (50%) $1,121,000 (50%) 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout $2,300,000 $0 (0%) $230,000 (10%) $2,070,000 (90%) 1.5/2.07 Old Clifton Rd Nonmotorized Improvements $3,150,000 $0 (0%) $315,000 (10%) $2,835,000 (90%) 1.7 Bethel Phase 5a (Bethel/Lincoln Roundabout) $4,000,000 $1,500,000 (38%) $0 (0%) $2,500,000 (63%) 1.8 Bethel Phase 1 a (Blueberry Roundabout) $3,591,000 $0 (0%) $1,795,000 (50%) $1,796,000 (50%) 1.9 Bethel Phase 1 b (Salmonberry Roundabout) $11,842,000 $0 (0%) $5,921,000 (50%) $5,921,000 (50%) 1.10 Bethel Phase 4b (Vallair Ct Connector) $3,000,000 $0 (0%) $1,500,000 (50%) $1,500,000 (50%) 1.14 Sidney Rd SW Nonmotorized (Hovde Rd to SR 16) $1,895,000 $1,251,000 (66%) 50(0%) $644,000 (34%) 1.16 Bay Street Impr. Ph. 1 (Robert Geiger St to Frederick) $7,259,000 $2,000,000 (28%) $1,629,000 (22%) $3,630,000 (50%) 1.18 Tremont Ph. 2 & 3 Design/ROW (PO Blvd to Sidney Ave) $4,732,000 $2,232,000 (47%) $134,000 (3%) $2,366,000 (50%) 1.19 SR 160/Sedgwick Phase 2a (Sedgwick Rd roundabout) $3,000,000 $0 (0%) $1,500,000 (50%) $1,500,000 (50%) 1.20 Bethel Phase 4a (Lund Ave Roundabout) $4,000,000 $3,000,000 (75%) $0 (0%) $1,000,000 (25%) 1.21 Old Clifton/McCormick Woods Dr Roundabout $3,000,000 $0 (0%) $300,000 (10%) $2,700,000 (90%) 2.01 Sidney Ave (s. of Tremont) Complete Street (Design/ROW $3,750,000 $0 (0%) $2,812,000 (75%) $938,000 (25%) 2.02A Sedgwick Rd West Design/ROW (SR1 6 to Sidney Rd SW) $1,156,070 $924,856 (80%) $214 (0%) $231,000 (20%) 2.02B Sedgwick Rd West Construction (SR 16 to Sidney Rd SW) $3,468,208 $2,774,566 (80%) $0 (0%) $693,642 (20%) 2.04A.2 Ramsey Road Widening (Sedgwick Rd to Salmonberry) $4,000,000 $0 (0%) $400,000 (10%) $3,600,000 (90%) 2.04C Bethel/Sedgwick Corridor Ph. 3 (Blueberry to Piperberry) $1,800,000 $0 (0%) $900,000 (50%) $900,000 (50%) 2.04D Bethel/Sedgwick Corridor Ph. 4 (Lund to Salmonberry) $8,744,000 $4,372,000 (50%) $0 (0%) $4,372,000 (50%) 2.04E Bethel/Sedgwick Corridor Ph. 5 (Mile Hill Dr to Lund) $8,535,000 $4,267,500 (50%) $2,133,500 (25%) $2,134,000 (25%) Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost 1of2 INNOVATIVE I PRACTICAL I EQUITABLE 65 ORCHARD 2025 Transportation Impact Fee Rate Study Project List 2.05 Sidney Rd SW Widening Ph. 2 (Ruby Crk to s. city limits) $1,750,000 $0 (0°%o) $875,000 (50%) $875,000 (50%) 2.10 Fireweed Rd Widening (Sidney to Flower) $1,500,000 $0 (0%) $750,000 (50%) $750,000 (50%) 2.11 Sherman Ave Widening (Fireweed to terminus) $2,000,000 $0 (0°%o) $1,000,000 (50%) $1,000,000 (50%) 2.12 Tremont St Widening Ph. 2: Port Orchard Blvd $8,554,915 $7,400,000 (86%) $0 (0%) $1,154,915 (14%) 2.20 Bay Street Ped. Pathway W. Ph. 1 (Tremont to Foot ferry) $4,000,000 $0 (0°%o) $3,000,000 (75%) $1,000,000 (25%) 2.23 Bay St Complete Street (PO Blvd to Mile Hill Dr) $10,000,000 $0 (0%) $7,500,000 (75%) $2,500,000 (25%) 2.21 Bethel Business Connector $1,400,000 $0 (0%) $700,000 (50%) $700,000 (50%) 2.27 Sidney Ave (Downtown) Impr. (Prospect to Waterfront) $1,500,000 $0 (0°%o) $1,125,000 (75%) $375,000 (25%) 2.28 Harrison Ave Improvements (Prospect to Waterfront) $1,000,000 $0 (0°%o) $750,000 (75%) $250,000 (25%) 1.22 Frederick Ave Improvements (Prospect to Waterfront) $1,500,000 $0 (0°%o) $1,125,000 (75%) $375,000 (25%) 2.30 Tremont St Widening Ph.3 (PO Blvd to Sidney Ave) $5,000,000 $1,200,000 (24%) $1,300,000 (26%) $2,500,000 (50%) 2.31 Glenwood & McCormick Woods Dr Roundabout $3,000,000 $0 (0%) $300,000 (10%) $2,700,000 (90%) 2.32 Bay St Ped. Pathway W. Ph. 2 (Kitsap Transit to PO Blvd) $1,000,000 $0 (0°%o) $750,000 (75%) $250,000 (25%) 2.34 Bay St Reconstruction Ph. 2 (PO Blvd to Robert Geiger St) $5,000,000 $0 (0°%o) $3,750,000 (75%) $1,250,000 (25%) 2.35 Bay St Reconstruction Ph. 3 (Frederick to Harrison) $4,000,000 $0 (0°%o) $3,000,000 (75%) $1,000,000 (25%) Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost 2of2 INNOVATIVE I PRACTICAL I EQUITABLE 66 Appendix B. Comparison of 2024 TIF Rates in Western Washington Transportation Solutions, Inc. 67 2024 Transportation Impact Fee Comparison: 74 Cities + 5 Counties in Western Washington Data compiled March 2024 from web sites, fee sheets, telephone, and email by Chris Comeau, FAICP-CTP, Senior Transportation Planner, chris.comeau@transpogroup.com North Bend Sammamish Bothell $12,477 Renton $12,209 Edgewood $11,489 Issaquah $11,132 Shoreline $10,830 Duvall $10,810 Kenmore $10,752 Camas $10,372 Newcastle $10,013 Kent $8,979 Carnation $8,815 Sultan $8,787 Redmond $8,284 Federal Way $8,138 Bellevue $7,946 Kirkland $7,827 Washougal $7,811 La Center $7,561 Maple Valley $7,504 Des Moines $7,465 Bainbridge Island $6,815 Lynnwood $6,525 Sumner $6,490 Gig Harbor $6,449 Fife $6,413 Marysville $6,300 Edmonds $6,249 Mount Vernon $6,151 Auburn $6,146 Port Orchard $6,064 Arlington $5,841 WA Average TIF $5,717 Pierce County $5,705 Snohomish County $5,475 Poulsbo $5,302 Clark County $5,168 Ridgefield $5,081 Mount Lake Terrace $4,991 Milton $4,807 Shelton $4,655 Everett $4,652 Puyallup $4,500 Covington $4,461 Mercer Island $4,319 Kitsap County $4,304 Tumwater $4,275 Buckley $4,188 Lake Stevens $4,155 Woodinville $4,154 Monroe $4,026 Bonney Lake $3,955 Mill Creek $3,900 Ferndale $3,793 SeaTac $3,733 Tukwila $3,726 Pacific $3,650 Bellingham $3,638 Thurston County $3,561 Stanwood $3,523 Battleground $3,508 Olympia $3,241 Enumclaw $3,239 University Place $3,193 Vancouver $3,124 Anacortes $3,044 Sedro Woolley $3,022 Burlington $2,665 Granite Falls $2,500 Blaine $2,500 Sequim $2,491 Lynden $2,168 Orting $2,149 Lacey $2,013 Mukilteo $1,875 Snohomish $1,603 Yelm $1,497 Burien $948 Oak Harbor $907 $14,204 $15,427 $0 $2,000 $4,000 56,000 S8,00c 510,000 $12,000 $14,000 $16,000 S1s 000 Cost Per P.M. Peak Hour (4:00 - 6:00pm) Vehicle or Person Trip 68 2024 Transportation Impact Fee Comparison: 74 Cities + 5 Counties in Western Washington Data compiled March 2024 from public web sites, fee sheets, telephone calls, and email inquiries by Chris Comeau, FAICP-CTP, Senior Transportation Planner at Transpo Group, Inc. chris.comeau(a�transpoproup.com City 2024 Population 2024 Base Rate Urban Center Incentive City 2023 Population 2024 Base Rate Urban Center Incentive Anacortesl 18,326 $3,044 Milton 8,835 $4,807 Arlington 22,121 $5,841 Monroe 18,574 $4,026 Auburn2 88,750 $6,146 Yes: Downtown Mount Vernon 35,753 $6,151 Yes: Commercial Uses Bainbridge Island 24,153 $6,815 Mount Lake Terrace 21,804 $4,991 Battleground3 22,395 $3,508 Mukilteo 20,681 $1,875 Bellevue 153,768 $7,946 Yes: Downtown & TOD Newcastle 12,664 $10,013 Bellingham4 95,921 $3,638 Yes: Urban Villages North Bend20 8,302 $15,427 Blaine5 6,130 $2,500 Oak Harbor2l 24,187 $907 Yes; CBD Bonney Lake 22,948 $3,955 Olympia22 55,731 $3,241 Yes; Downtown & High Density Corridors Bothell 48,871 $12,477 Yes: Main Street Orting 8,857 $2,149 Buckley 5,421 $4,188 May apply for 30% Reduction Pacific 6,807 $3,650 Burien6 49,627 $948 Port Orchard 18,564 $6,064 Burlington 10,253 $2,665 Poulsbo23 12,101 $5,302 Camas? 28,275 $10,372 Puyallup 41,880 $4,500 Carnation 2,199 $8,815 Redmond24 80,116 $8,284 Y; CBD; OverLake Covington 21,891 $4,461 Renton 101,386 $12,209 Des Moines 31,946 $7,465 Ridgefield25 17,666 $5,081 Duvall 8,824 $10,810 Sammamish26 64,250 $14,204 Edgewood 13,380 $11,489 SeaTac 29,652 $3,733 Edmonds 42,027 $6,249 Sedro Woolley27 13,368 $3,022 Yes; CBD Enumclaw 12,645 $3,239 Sequim 8,403 $2,491 Yes; CBD Everett 111,793 $4,652 Yes: Parking "A" Shelton 10,896 $4,655 Federal Way8 94,745 $8,138 Yes: City Center Shoreline 62,908 $10,830 Ferndale9 16,562 $3,793 Yes: Downtown Snohomish 10,124 $1,603 Fife10 10,573 $6,413 Yes: Use -based Stanwood 9,817 $3,523 Gig Harbor 12,892 $6,449 Sultan 7,243 $8,787 Yes; 50% for Commercial Granite Falls 5,117 $2,500 Sumner28 10,543 $6,490 Issaquah11 38,601 $11,132 Yes: Commercial Uses Tukwila29 21,000 $3,726 Kenmore12 23,067 $10,752 Tumwater 26,427 $4,275 Kent13 132,204 $8,979 Yes; Downtown University Place 34,371 $3,193 Kirkland14 91,568 $7,827 Vancouver30 197,765 $3,124 La Center15 5,262 $7,561 Washougal 16,764 $7,811 Lacey 60,485 $2,013 Woodinville31 13,044 $4,154 Lake Stevens16 40,598 $4,155 Yes; TIF Zone 1 Yelm 10,676 $1,497 Lynden17 16,540 $2,168 County Population Base Rate Lynnwood18 47,880 $6,525 Yes; Citywide Clark County32 520,900 $5,168 Maple Valley19 28,355 $7,504 Kitsap County 280,900 $4,304 Marysville 73,578 $6,300 Yes: Commercial Uses Pierce County33 937,400 $5,705 Mercer Island 24,600 $4,319 Snohomish County34 847,300 $5,475 Mill Creek 20,753 $3,900 Thurston County35 300,500 $3,561 Notes: All data above and below obtained from public web sites, fee sheets, telephone calls, emails, and lTE Trip Generation Manuals. 2023 OFM Population data not released until June. 1. Anacortes updated TIF system in 2019. 2. Auburn adopted rates 2017; has downtown reduced rate. 3. Battle Ground uses an ADT-based TIF system; SFD = 9.57 trips x $347 4. Bellingham TIF = Person trips; alutomatic 22% to 30% Urban Village TIF reduction with voluntary TDM measures up to 50% UV TIF reduction. 5. The City of Blaine future pm peak hour vehicle trip rate is currently being evaluated. 6. Burien limited improvement project costs to keep rates low. TIF was adopted in 2009. 7. Camas uses a 2 -zone TIF system; North = $9,833; South = $3,800; Average = $6,817 8. Federal Way charges 3% admin. fee + base rate + 3-yr WSDOT construction cost index. City Center TIF Reduction. 9. Ferndale uses 3 -zone TIF system. $3,855 citywide; $4,822 for 443 -acre "Main Street" Planned Action; $2,701 downtown Ferndale. Average = $3,793. 10. Fife uses a VMT-based TIF system adjusted from ITE ADT rates. 11. Issaquah created development incentive in which the first 10,000 SF of commercial TIF paid from other public funding sources (per WA State law). 12. Kenmore TIF rates based on mobility units and person trips. 13. Kent TIF rates are based on person trips; TIF Rate Study (2021) with reductions for downtown Kent. 14. Kirkland TIF rates are based on person trips at $5,397/person trip 15. La Center allows TIF to be deferred to occupancy by requiring lien on property. 16. Lake Stevens uses a 3 -zone TIF system; average - $3,257 17. Lynden TIF citywide is $2,168, but NW Lynden Pepin Creek subarea TIF is $17,328 (Highest in WA). 18. Lynnwood has two TIF zones: City Center/Mall $5,107and remainder of City $7,944. Average is $6,525. 19. Maple Valley fee per 2023 rate schedule 20. North Bend has highest citywide TIF ($15,210) in WA (See Lynden Pepin Creek) Primarily residential with little to no pass-by/diverted link trips. 21. Oak Harbor uses a dated TIF system; $907 residential and $589 non-residential. 22. Olympia allows TIF reduction in downtown and on high-desnity corridors. 23. Poulsbo uses an ADT-based TIF system;ITE 11th Ed. SFD = 9.4 ADT x $564 =$5,301.60 24. Redmond uses "Person Trips/Mobility Units" for Concurrency and TIF; Citywide $9336; Overlake $7890; Downtown $7626; Average = $8284. 25. Ridgefield uses an ADT-based TIF system 26. Sammamish has 2nd highest citywide TIF ($14,064) in WA (See Lynden Pepin Creek). Primarily residential development; no pass-by/diverted link trips. 27. Sedro-Woolley uses a 2 -zone TIF system; $3,022 Non-CBD; $1,681 in CBD 28. Sumner converted 3 -zone TIF system to 1 Citywide Zone as of April 15, 2024 29. Tukwila = 4 -zone TIF system: Z1 = $4,439; Z2 = $4,863; Z3 = $5,345; Z4= $2,058; Average =$3,726 30. Vancouver uses 3 -zone ADT-based TIF system; Columbia $240; Pacific $428; Cascade $329; Average = $332.33 x 9.4 = $3,124 / SFD 31. Woodinville uses an ADT-based TIF system. 1 SFD = 9.44 x $440 = $4,154 32. Clark County has a four zone TIF system based on ADT; Z1 = $487; Z2 = $930; Z3 =$421; Z4 =$352; Average $547.50 x 9.44 = $5240 33. Pierce County uses a 4 -zone TIF system based on model -derived VMT; A = $5,654; B= $5,654; C = $9,242; D=$2,270. Average TIF for SFD = $5,705 34. Snohomish County updated its 6 -zone TIF system based on ADT in 2020. Average is $580/trip or $5,475 per SFD. 35. Thurston County uses a 6 -zone TIF system based on ITE PM Peak Trips; Average = $3561/trip or $3,248 per SFD 69 Appendix C. Transportation Impact Fee Rate Schedule Transportation Solutions, Inc. 70 City of Port Orchard Traffic Impact Fee Rate Schedule - Residential (2025 Update) 210 Ill! 141 Single -Family Detached Housing 0.94 DU r. . $7,498 $4,547 215 220 221 Single -Family Attached Housing (Duplex/Townhome) Multifamily Housing (1-3 floors) Multifamily Housing (4-10 floors) 0.57 DU 0.51 DU $4,068 0.39 DU $3,111 230 Low -Rise Residential w/ 1st Floor Commercial 0.36 DU $2,872 240 Mobile Home Park 0.58 DU $4,627 251 Senior Housing Detached 0.30 DU $2,393 252 253 254 Senior Housing Attached Congregate Care Facility Assisted Living 0.25 DU $1,994 0.18 DU $1,436 0.24 bed $1,914 260 270 Recreational Home Residential PUD 0.29 DU $2,313 0.69 DU $5,504 - - Accessory Dwelling Unit (≤ 450 sf) Accessory Dwelling Unit (> 450 sf) 0.29 DU $2,313 0.47 DU $3,749 1 Institute of Transportation Engineers, Trip Generation Manual (11th Edition) 2 Trip generation rate per development unit for PM peak hour of the adjacent street traffic (4-6 PM) 3 DU = Dwelling Unit 0�84 HARD Transportation Solutions •� p INNOVATIVE I PRACTICAL I EQUITABLE 71 City of Port Orchard Traffic Impact Fee Rate Schedule — Non -Residential LUC 1-799 (2025 Update) 30 90 • Intermodal Truck Terminal Park and Ride with Bus Service 1.87 * 1.870 ksf $14,917 0.49 0.490 space $3,909 110 General Light Industrial Industrial Park Manufacturing Warehousing Mini Warehouse Utilities Speciality Trade Contractor 0.65 * 0.650 KSF $5,185 130 0.34 * 0.340 KSF $2,712 140 0.74 * 0.740 KSF $5,903 150 0.18 * 0.180 KSF $1,436 151 0.15 * 0.150 KSF $1,197 170 180 •• 2.16 1.93 * * 2.160 KSF KSF $17,230 $15,396 1.930 310 Hotel 0.59 * 0.590 room $4,706 311 All Suites Hotel 0.36 * 0.360 room $2,872 312 Business Hotel 0.31 0.310 room $2,473 320 Motel • 0.36 0.360 room $2,872 411 Public Park 0.11 0.110 acre $877 416 Campground/RV Park 0.27 * 0.270 site $2,154 430 Golf Course 0.28 * 0.280 acre $2,234 432 Golf Driving Range 1.25 * 1.250 tee $9,971 433 Batting Cages 2.22 * 2.220 cage $17,709 434 Rock Climbing Gym 1.64 * 1.640 KSF $13,082 435 Multi -Purpose Recreational Facility 3.58 * 3.580 KSF $28,558 437 Bowling Alley 1.16 * 1.160 KSF $9,253 445 Movie Theater 13.96 * 13.960 screen $111,359 488 SoccerCom lex 16.43 * 16.430 field $131,062 490 Tennis Courts 4.21 * 4.210 court $33,583 491 Racquet/Tennis Club 3.82 * 3.820 court $30,472 492 Health Fitness Club 3.45 * 3.450 KSF $27,521 493 Athletic Club 6.29 * 6.290 KSF $50,175 495 Recreational Community Center • i 2.50 * 2.500 i KSF $19,943 520 Elementary School 0.16 0.160 student $1,276 522 Middle/Junior High School 0.15 * 0.150 student $1,197 525 High School 0.14 * 0.140 student $1,117 528 School District Office 2.04 * 2.040 student $16,273 530 Private School (K-8) 0.26 * 0.260 student $2,074 534 Private High School 0.19 * 0.190 student $1,516 536 Charter Elementa School 0.16 * 0.160 student $1,276 540 Junior / Communi Colle a 0.11 * 0.110 student $877 560 Church 0.49 * 0.490 KSF $3,909 565 Da Care Center 11.12 44% 4.893 KSF $39,030 566 Cemetery 0.46 * 0.460 acre $3,669 571 Adult Detention Facility 0.08 * 0.080 bed $638 575 Fire & Rescue Station 0.48 * 0.480 KSF $3,829 590 i'il*1[Wi Library 8.16 * 8.160 • KSF $65,092 610 Hospital 0.86 * 0.860 KSF $6,860 620 Nursing Home 0.14 * 0.140 KSF $1,117 630 Clinic 3.69 * 3.690 KSF $29,435 640 Animal Hos ital / Veterina Clinic 3.53 * 3.530 KSF $28,159 650 • Freestanding Emergency Room 1.52 * 1.520 KSF $12,125 710 General Office 1.44 1.440 KSF $11,487 712 Small Office Bldg (<10,000 s 2.16 * 2.160 KSF $17,230 715 Single Tenant Office ≥10,000 s 1.76 * 1.760 KSF $14,040 720 Medical/Dental Office (Stand -Alone) 3.93 * 3.930 KSF $31,350 730 Government Office Building 1.71 * 1.710 KSF $13,641 732 US Post Office 11.21 * 11.210 KSF $89,422 750 Office Park 1.30 * 1.300 KSF $10,370 760 Research and Development Center 0.98 * 0.980 KSF $7,817 770 Business Park 1.22 * 1.220 KSF $9,732 ' Institute of Transportation Engineers, Trip Generation Manual (11th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 DU = Dwelling Unit; KSF = 1,000 square feet; VSP = Vehicle servicing position * Pass -by and diverted trip rate data not available. Primary trip rates may be applied based on local data, development context, and engineering judgment City of Port Orchard Traffic Impact Fee Rate Schedule — ..• 810 Tractor Supply Store 811 Construction Equipment Rental Store 812 Building Materials and Lumber Store Non -Residential 1.40 0.99 LUC 800-999 66% 2025 U date ,. 0.924 KSF $7,371 74% 0.733 KSF $5,844 2.25 74% 1.665 KSF $13,282 813 Free -Standing Discount Superstore w/ Grocery) 4.33 71% 3.074 KSF $24,524 814 Variety Store 6.70 66% 4.422 KSF $35,274 815 Free Standing Discount Store w/o Grocery) 4.86 83% 4.034 KSF $32,178 816 Hardware/Paint Store 2.98 74% 2.205 KSF $17,591 817 Nurse (Garden Center) 6.94 74% 5.136 KSF $40,967 818 Nurse (Wholesale) 5.24 74% 3.878 KSF $30,932 820 Sho in Center >150k 3.40 66% 2.244 KSF $17,900 821 Sho ing Plaza (40-150k) w/ Supermarket 9.03 66% 5.960 KSF $47,541 821 Sho ing Plaza (40-150k) w/o Supermarket 5.19 66% 3.425 KSF $27,324 822 Stri Retail Plaza (<40k) 6.59 66% 4.349 KSF $34,695 823 Fa oryOutletCenter 2.29 66% 1.511 KSF $12,056 840 Automobile Sales (New) 2.42 100% 2.420 KSF $19,304 841 Automobile Sales (Used) 3.75 100% 3.750 KSF $29,914 842 Recreational Vehicle Sales 0.77 100% 0.770 KSF $6,142 843 Automobile Parts Sales 4.90 44% 2.156 KSF $17,198 848 Tire Store 3.75 72% 2.700 KSF $21,538 849 Tire Superstore 2.11 72% 1.519 KSF $12,119 850 Su ermarket 8.95 64% 5.728 KSF $45,692 851 Convenience Store 49.11 49% 24.064 KSF $191,958 857 Discount Club 4.19 63% 2.640 KSF $21,057 861 Sporting Goods Superstore 2.14 66% 1.412 KSF $11,267 862 Home Improvement Superstore 2.29 58% 1.328 KSF $10,595 863 Electronics Superstore 4.25 60% 2.550 KSF $20,341 866 Pet Supply Superstore 3.55 66% 2.343 KSF $18,690 867 OfficeSupplySuperstore 2.77 66% 1.828 KSF $14,584 875 Department Store 1.95 66% 1.287 KSF $10,266 876 Apparel Store 4.12 66% 2.719 KSF $21,691 879 Arts and Crafts Store 6.21 66% 4.099 KSF $32,695 880 Pharmacy/DrugPharmacy/Drug Store w/o Drive-Thru 8.51 47% 4.000 KSF $31,906 881 Pharmacy/DrugPharmacy/Drug Store wl Drive-Thru 10.25 38% 3.895 KSF $31,070 882 Marijuana DispenseDispensery 18.92 100% 18.920 KSF $150,925 890 Furniture Store 0.52 47% 0.244 KSF $1,950 899 Liquor Store I 16.62 I 64% I 10.637 I KSF $84,850 911 Walk-in Bank 12.13 65% 7.885 KSF $62,895 912 Drive-in Bank 21.01 65% 13.657 KSF $108,938 918 Hair Salon 1.45 65% 0.943 KSF $7,518 920 Copy, Print, and Express Ship Store 7.42 66% 4.897 KSF $39,065 930 Fast Casual Restaurant 12.55 57% 7.154 KSF $57,063 931 Fine Dining Restaurant 7.80 56% 4.368 KSF $34,844 932 High Turnover (Sit -Down) Restaurant 9.05 57% 5.159 KSF $41,149 933 Fast Food w/o Drive-Thru 33.21 57% 18.930 KSF $151,002 934 Fast Food w/ Drive-Thru 33.03 50% 16.515 KSF $131,740 935 Fast Food Restaurant w/ Drive-Thru w/o Indoor Seating 59.50 50% 29.750 lane $237,316 936 Coffee/Donut Shop w/o Drive-Thru 32.29 57% 18.405 KSF $146,819 937 Coffee/Donut Sho w/ Drive-Thru 38.99 50% 19.495 KSF $155,512 938 Coffee/Donut Shop w/ Drive-Thru w/o Indoor Seating (Espresso Stand) 15.08 11% 1.659 lane $13,232 941 Quick Lubrication Vehicle Stop 8.70 72% 6.264 VSP $49,968 942 Automobile Care Center 3.11 72% 2.239 KSF $17,862 943 Automobile Parts and Service Center 2.06 72% 1.483 KSF $11,831 944 Gasoline/Service Station 13.91 58% 8.068 VFP $64,357 945 Convenience Store/Gas Station (<4,000 s 18.42 12% 2.210 VFP $17,632 945 Convenience Store/Gas Station (4,000 sf -- 5,500 s 22.76 12% 2.731 VFP $21,787 945 Convenience Store/Gas Station (>5,500 s 26.90 12% 3.228 VFP $25,750 947 Self -Serve Car Wash 5.54 58% 3.213 stall $25,632 948 Automated Car Wash 77.50 58% 44.950 stall $358,566 950 970 Truck Stop (Truck Trips Only) Winery 15.42 7.31 58% 100% 8.944 VFP KSF $71,343 7.310 $58,312 971 Brewery Taproom 9.83 100% 9.830 KSF $78,414 975 Drinkin Place 11.36 100% 11.360 KSF $90,619 i uwc i ilo"Qvvi i ii Ilya iivv aii iu iiiN yci i u iii cNci vc vNni ni rvii c niww vi ou wivauiv +-v Nui�. 3 Average primary trip rates, per Trip Generation Manual. Additional primaryrates based on similar land use and engineering judgment. 4 DU = Dwelling Unit: KSF = 1,000 square feet: VSP = Vehicle servicing position 73 1 KBA KITSAP BUILDING A 550 CI AT ION Good evening, City Councilmembers, My name is Jamie Clough, I am writing on behalf of the Kitsap Building Association to express concern about the proposed traffic impact fee increase. We all recognize the importance of maintaining and expanding our transportation infrastructure. However, the way we fund it matters. Increasing impact fees, especially all at once, raises the cost of new housing and makes it harder to bring needed homes to market. The fee is passed directly to homebuyers and renters, pushing prices even further out of reach for working families. Kitsap County is in the middle of a housing affordability crisis, and we can't build our way out of it if we keep adding costs that undermine project viability. If the City believes an increase is necessary, we strongly urge you to ease the impact over time by phasing in the increase over time or scaling back the proposed amount. A segmented approach would ease the financial shock and allow projects already in the pipeline to move forward, while still helping the city meet its infrastructure goals in a more balanced way. Please reconsider the size and timing of this increase —and let's work together on solutions that support both housing and infrastructure. Thank you. Jamie Clough Kitsap Building Association Government Affairs Director ® 360.479.5778 ® info@kitsapbuilds.com Q www.kitsapbuilds.com 0 5251 Auto Center Way, Bremerton, WA 98312 National Ass. iati�n a(Nome Builders 74 To Council Members, Thank you for the opportunity to be able to address you with this letter. I am here to voice strong opposition to the proposed Transportation Impact Fee ordinance scheduled to take effect on July 28th, 2025. Let me be clear: this proposal is harmful to Port Orchard residents, our local economy, housing affordability, and the long-term financial stability of this community. It represents yet another burden on our taxpayers and small businesses, coming at a time when many are already stretched thin by a steady stream of tax and fee increases from every level of government. In just the past few years, for a few examples, the City of Port Orchard in particular has: • More than doubled its water connection fees, • Increased water, sewer, and stormwater utility rates, • Hiked Park impact fees by 568%, and • Continual raises with permit and service fees. • Local sales tax increases for studies Now, this council is considering a massive jump in transportation impact fees (27%), setting a base rate at $7,977. Let this sink in this proposal exceeds the rates charged in cities like Kirkland ($7,827) and Bellevue ($7,946) —major metropolitan areas with dramatically higher infrastructure demands, economic output, and transportation systems. Worse still, it far exceeds the Washington State average TIF of $5,717. This isn't just about housing —it's about the broader economic health of Port Orchard. When government increases the cost of development and doing business, it can inflate our local economy in damaging ways. These sharp increases ripple through every sector —raising the cost of materials, bids, rents, goods, and services —ultimately hitting every resident, not just those building homes. This proposal is not a thoughtful, phased policy. It's going from 0 to 100 mph overnight once again, and it's part of a troubling pattern. The city continues to impose sharp, oversized increases instead of adopting steady, predictable changes. This approach is a travesty for both the construction industry and local families trying to make ends meet. We've heard the mayor on record many times using the excuse that we need to "catch up" with other cities —but keeping up with the Joneses is not an economic strategy. Port Orchard is not Bellevue, not Kirkland, and not Redmond. Our city has different demographics, a different economy, and different needs. We do not share their infrastructure, economy, or housing market. Basing our need to increase fees because other cities do without accounting for those realities is not only irresponsible, but also economically dangerous. We also need to acknowledge that the city has taken on unnecessary debt in recent years. Rather than prioritizing spending and responsibly managing existing resources, the city appears to be using this fee hike to cover shortfalls and backfill its budget —effectively offloading the 75 consequences of poor financial decisions onto the backs of future homebuyers, renters, and business owners. And the rationale provided by the mayor that they are super low interest rates does not change the fact that it is still debt to the local community. These transportation improvements, many of which relate to trails and local access, should already be funded through existing park and transportation fees and general capital revenue. This proposal feels far more like a revenue grab than a necessary adjustment. This increase feels less like a targeted fix to cover the cities overextension and mismanagement. If passed, this policy will: • Inflate housing prices and reduce affordability, • Increase costs for all development —residential, commercial, and retail, • Pass those costs on to consumers, renters, and small business owners, • And further inflate Port Orchard's local economy, harming everyone from first-time homebuyers to fixed -income retirees. Even the local housing association has voiced opposition, understanding how this directly undermines housing availability, construction & development, and economic growth. Noteworthy is that the median home price in Port Orchard, WA, is currently around $630,000, according to Realtor.com. (with the understanding that this will vary some from zip code to zip code). And there's another pressing concern: we're seeing layoffs in the trades, and the benches are filling up. That is a clear and sobering indicator that construction is already slowing. Introducing drastic new governmental fees at this juncture is shortsighted and risks compounding the slowdown even further. Fewer projects mean fewer paychecks. Policies like this don't just affect developers, they threaten real jobs and working families across our community. Port Orchard residents are already being buried under a pile of cumulative cost increases from the city, the county, and the state. This is the wrong move at the wrong time. I strongly urge this council to reject this ordinance, hit pause, and take a hard look at its fiscal policy. A responsible city plans for growth without crushing the very people and the local economy it's supposed to serve. Let's not make Port Orchard the most expensive place to build in Kitsap County. Let's make it the most responsible. Thank you, Robert McGee 76 Q9 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance Amending the City's Transportation Impact Fee Rate Schedule (Bond) Meeting Date: July 8, 2025 Prepared By: Nick Bond, AICP, Community Development Director Presenter: Nick Bond, AICP, Community Development Director Summary and Background: In 2015, the City of Port Orchard adopted an impact fee ordinance and established traffic impact fees for the first time. The rates were subsequently updated in February 2021 following the completion of a new Traffic Impact Fee Rate Study. It is recommended that the City reevaluate traffic impact fees every 3-4 years to ensure the program accurately captures the proportionate share of growth -related project costs, reflects the most current growth projections, and remains legally defensible. Since the 2021 update, cost estimates for projects included in the City's Capital Facilities Element have increased significantly. Additionally, the City has identified new transportation projects to be added to the list of those partially funded through impact fees. The proposed fee increase ensures that new development contributes its fair share toward the build - out of Port Orchard's transportation system. It will also enable the City to deliver projects more efficiently compared to the current fee structure. Earlier this evening, the City Council conducted a public hearing on the proposed transportation impact fee ordinance and rate study. The Council previously discussed this matter at its May 20, May 27, and June 10, 2025 meetings and directed staff to proceed with the preparation of an adopting ordinance preferred alternative. Under this preferred alternative, the proposed Peak PM Trip rate is $7,977, which would result in a fee of $7,498 for a single-family dwelling. This represents an increase from the current Peak PM Trip rate of $6,288.31 and the current single-family dwelling fee of $6,225.43. The proposed ordinance includes an effective date of Monday, July 28, 2025, to allow the Permit Center adequate time to implement the new fee structure. Relationship to Comprenhensive Plan: The projects making up the transportation impact fee rate calculation are identified in the 2025 Comprehensive Plan. 77 Recommendation: Staff recommends approval of an ordinance amending the City's transportation impact fee rate schedule as presented. Motion for Consideration: "I move to approve an ordinance amendment the City's transportation impact fee rate schedule as presented." Has item been presented to Committee/Work Study? If so, which one: Work Study Fiscal Impact: The proposed ordinance would increase the Peak PM Trip transportation impact fee by 27% and would be likely to increase transportation impact fee revenues. Alternatives: Multiple alternatives were reviewed by the City Council before a preferred alternative was developed for inclusion in the rate study. The preferred alternative fell at roughly the midpoint between Alternatives A and B as presented at previous meetings. Attachments: 01 Transportation Impact Fee Ordinance.docx Port Orchard 2025 TIE Rate Study_2025061 1 .pdf 78 ORDINANCE NO. XXX-25 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO IMPACT FEES, ADOPTING A NEW TRANSPORTATION IMPACT FEE SCHEDULE AND REPEALING THE PRIOR TRANSPORTATION IMPACT FEE SCHEDULE ADOPTED AS EXHIBIT A TO ORDINANCE NO. 007-21; PROVIDING FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A -C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21, 013- 22, 001-25, and 002-35; and WHEREAS, in 2023 the Washington Legislature passed SB 5258 related to housing affordability; and WHEREAS, SB 5258 includes a requirement codified in RCW 82.02.060 that impact fee schedules reflect the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in or by the housing unit in order to produce a proportionally lower impact fee for smaller housing units; and WHEREAS, consistent with SB 5258 and RCW 82.02.060, the transportation impact fee rate schedule has been and will continue to be assessed based on trip generation, one of the three approved methods under law; and WHEREAS, The City hired a consultant, Transportation Solutions, Inc. to prepare a Page 1 of 5 11000329.1- 366922 - 0001 79 Ordinance No. 0XX Page 2 of 3 Transportation Impact Fee Study and 3 alternatives were presented, reviewed, and discussed at the May 20 City Council Work Study meeting; and WHEREAS, the City Council directed city staff and the City's consultant to prepare a preferred alternative as attached to this ordinance as Exhibit A; and WHEREAS, a properly noticed public hearing on this Ordinance was conducted on July 8, 2025; and WHEREAS, on July 8, 2025, at its regular meeting and after conducting a public hearing, the City Council considered the updated transportation impact fee schedule and public testimony[was/was not received]; and WHEREAS, this Ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental regulations, Chapter 20.160 POMC; and WHEREAS, the City Council finds that the transportation impact fee schedule attached as Exhibit A is consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Adoption of Transportation Impact Fee Schedule. In accordance with POMC 20.182.060, the City Council hereby adopts a new Transportation Impact Fee Schedule which is attached to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This transportation impact fee schedule shall become effective on the effective date established in Section 4 below and shall replace and supersede any previously adopted transportation impact fee schedule. No other Impact Fee Schedules (transportation or school district) are modified by this Ordinance. SECTION 3. Section 2 of this Ordinance is deemed of special effect and shall not be codified. SECTION 4. Effective Date of New Transportation Impact Fee Schedule. The Transportation Impact Fee Schedule which is adopted pursuant to Section 2 of this Ordinance shall take effect and be in full force and effect on 12:01 AM on July 28, 2025. 80 Ordinance No. 0XX Page 3 of 3 SECTION 5. Savings Clause. The Transportation Impact Fee Schedule which is repealed and replaced by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date set out in Section 4 hereof. Such repealer shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 7. 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 8. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this _ day of , 2025. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, CMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: 81 Transportation Solutions .� p INNOVATIVE I PRACTICAL I EQUITABLE CITY OF PORT ORCHARD 2025 TRANSPORTATION IMPACT FEE RATE STUDY AND FEE SCHEDULE FINAL REPORT June 2025 Prepared for: City of Port Orchard Prepared by: Transportation Solutions, Inc. 16932 Woodinville -Redmond Rd NE Suite A206 Woodinville, WA 98072 82 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Table of Contents 1. Introduction....................................................................................................................................... 1 Definitionof Impact Fees.................................................................................................................................... 1 Statutory Basis for Impact Fees.......................................................................................................................... 1 2. Impact Fee Analysis............................................................................................................................ 2 Methodology...................................................................................................................................................... 2 Current Impact Fee and Context........................................................................................................................ 2 Projects Eligible for Impact Fees......................................................................................................................... 3 EligibleProject Costs........................................................................................................................................... 3 Impact Fee Calculation Methodology................................................................................................................. 4 3. Additional Issues for Consideration..................................................................................................... 5 Anticipated Annual Impact Fee Revenue........................................................................................................... 5 AnticipatedGrant Revenue................................................................................................................................ 5 Anticipated Need for Other Public Funds........................................................................................................... 5 4. Transportation Impact Fee Rate Comparison....................................................................................... 6 5. Credits and Adjustments..................................................................................................................... 6 ImpactFee Credits.............................................................................................................................................. 6 IndependentFee Calculation.............................................................................................................................. 6 Appendices Appendix A. Transportation Impact Fee Project List Appendix B. Comparison of 2024 TIE Rates in Western Washington Appendix C. Transportation Impact Fee Rate Schedule List of Tables Table 1. Average Annual Unfunded Commitment.................................................................................................. 5 Table 2. Transportation Impact Fee Rates for Nearby Jurisdictions....................................................................... 6 Transportation Solutions, Inc. June 2025 83 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 1. Introduction The City of Port Orchard has maintained a transportation impact fee (TIF) program since 2015. Since its implementation, the TIF program has provided funding to transportation improvement projects, including the Tremont Street Widening Project and Bethel Road and Sedgwick Road Corridor improvements, which have provided multimodal capacity to accommodate growth throughout the city. This report summarizes the development of an updated transportation impact fee rate which reflects the transportation improvement project list and growth forecasts described in the Transportation Element of the 2025 Comprehensive Plan. Definition of Impact Fees Impact fees are a comprehensive grouping of charges based on new development. These fees are assessed to pay for capital facility improvement projects necessitated by new development growth, including but not limited to parks, schools, and streets/roads. Transportation impact fees are collected to fund improvements that add capacity to the transportation system, accommodating the travel demand created by new development. The Revised Code of Washington (RCW) Section 82.02.050 identifies the intent of impact fees as: • To ensure that adequate facilities are available to serve new growth and development; • To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and • To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Statutory Basis for Impact Fees Transportation impact fees are a financing mechanism authorized by the Washington State Growth Management Act (GMA) (see RCW 37.70A and 82.0). State law imposes limitations on impact fees to assure property owners that the fees collected are reasonably related to their actual impacts and will not be used for unrelated purposes. If impact fees are imposed, the funds collected from developments can be expended only on transportation system improvements which are: (a) identified in the comprehensive plan, capital improvement program, or other policy documents (including this study) as needed for growth, and (b) reasonably related to the impacts of the new development from which fees are collected. Specifically, condition (a) requires that impact fees are not used on improvements needed to remedy existing deficiencies. Those needs must be entirely funded from public sector resources. Condition (b) is satisfied if the local government defines a reasonable service area, identifies the public facilities within the service area that require improvement during the designated planning period, and prepares a fee schedule taking into account the type and size of the development as well as the type of public facility being funded. To achieve the goal of simplicity, impact fee calculations are applied on an average basis for the entire transportation system, rather than project -by -project. This is a key difference between impact fees and Transportation Solutions, Inc. 1 June 2025 84 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule State Environmental Policy Act (SEPA) mitigation, whereby pro -rata shares of specific project improvements are collected. However, impact fees are not a replacement for SEPA mitigation. Pre -calculated impact fees are easier to administer than traditional SEPA development mitigation, at the point of development review. However, more complex administrative procedures are necessary to track the funds collected from each development. This is necessary to assure that the funds are expended only on eligible transportation system improvements and to assure that impact fee revenues are used within ten years. Fees not expended within ten years must be refunded with interest to the current owner of the property. The methodology and results described below are consistent with the requirements of the GMA. The procedures and recommendations described herein can be formally enacted by an impact fee ordinance incorporating this report by reference. 2. Impact Fee Analysis Methodology The conceptual basis for the transportation impact fee is that new development (growth) should pay a proportionate share of the cost of transportation infrastructure required to support growth. This proportionate share is calculated based on the estimated cost of growth -related transportation improvement projects and on an estimate of growth's share of capacity utilization for each project. The impact fee analysis is limited to projects that provide capacity improvements needed for growth. Projects related to maintenance, such as pavement overlays and physical obsolescence, as well as improvements necessary to mitigate existing capacity deficiencies, are not eligible for impact fee funding. However, multimodal transportation improvements, including shoulder widening, sidewalks, bike lanes and parallel trails are reasonable to include as both motorized and nonmotorized capacity enhancements. Current Impact Fee and Context The Port Orchard transportation impact fee program was initially adopted in 2015 and has been regularly updated to reflect changes in transportation improvement projects, housing and employment forecasts, and construction and engineering costs. As of June 2025, the City of Port Orchard has a transportation impact fee of $6,288 per PM peak hour trip or $6,225 per single-family dwelling unit. This study updates the impact fee program to maintain consistency with the Transportation Element of the Comprehensive Plan as well as the Transportation Improvement Program, including updated project needs, cost estimates, and development forecasts. This allows the transportation impact fee program to remain compliant with current RCW requirements. Transportation Solutions, Inc. 2 June 2025 85 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Projects Eligible for Impact Fees Not all planned transportation projects and programs are eligible for impact fees. Planned improvement projects are divided below into the following categories to establish a list of qualifying projects that will form the basis for this impact fee rate update: • Project Improvements, • Maintenance Projects, and • Planned Transportation Projects needed within 20 years Protect Improvements Project improvements are transportation improvements necessary for a specific development that do not provide significant system benefits. These are typically low -volume local streets that serve driveways and parking areas. They may provide connections to other developments, but not for the purpose of significant system capacity. Other project improvements include safety improvements and new access connections to existing arterials that serve only one development. Project improvements are typically required by other development regulations or as SEPA mitigation for specific development impacts not anticipated in the Comprehensive Plan. Project improvements are not eligible for impact fees. Maintenance Protects Maintenance programs, general studies, and non -capital activities are generally not eligible for impact fees. A component of ongoing pavement preservation could be eligible for impact fees if it is demonstrated that growth increases the magnitude of pavement reconstruction requirements. For instance, if existing conditions require a two-inch asphalt overlay, but added traffic from growth requires a three-inch asphalt overlay to achieve the same pavement life, the cost of the additional inch of asphalt could be attributed to growth. If the overlay provides increased lane width, intersection improvements, or shoulder widening, the cost of the expansion could be considered eligible. Planned Transportation Projects The Port Orchard 2025-2044 Transportation Improvement Program (TIP) identifies transportation projects which are needed to serve traffic growth for the next 20 years. The TIP list is consistent with the growth forecasts and transportation improvement needs identified in the Transportation Element of the Port Orchard Comprehensive Plan. Projects with capacity benefits are eligible for transportation impact fee funding, provided capacity improvements are reasonably related to growth. Capacity -related improvements may include but are not limited to adding turn lanes, separating nonmotorized modes, and modifying intersection control by adding signals or roundabouts. The methodology for intersection and street segment capacity calculation is described in the Transportation Element. Based on the criteria and plans identified above, a total of 38 transportation improvement projects were identified as eligible for transportation impact fee funding. The TIF project list is provided in Appendix A. Projects which are not capacity -related, or which are considered maintenance programs, are not eligible for impact fee funding and were not included in the TIF project list. Eligible Project Costs The eligible portion of impact fee project costs includes elements which are necessary for the construction of improvements, including design, permitting, right-of-way, construction, and construction management. Ongoing or future maintenance is not an eligible impact fee cost. Transportation Solutions, Inc. 3 June 2025 86 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule Impact Fee Calculation Methodology The impact fee rate was calculated by identifying growth's per -trip share of eligible transportation improvement costs. The methodology is described below. Grant and Intergovernmental Funding Assumptions Federally classified (collector and arterial) streets are generally eligible for state and federal grant funds. These funds are not predictable, typically have very restrictive eligibility criteria, and vary in amount by grantor. Additionally, cost -sharing agreements with Washington State Department of Transportation (WSDOT) and Kitsap County are anticipated to reduce some of the City's cost burden. This analysis assumed that several eligible projects will receive grant funding or other intergovernmental funding. Known grant awards were applied where possible, and target amounts were applied on projects for which grant funding had not yet been secured but is reasonably likely to be secured in the future. Fourteen projects were assumed to receive a total of $51,875,848 in grant funding through 2045. This represents 31 percent of total impact fee eligible project costs. The remaining project costs are expected to be funded by the City of Port Orchard or by new development (growth). Anticipated grant funding for each project is identified in the TIF project list in Appendix A. Pr000rtionate Share of Proiect Cost The growth share of non -grant funded impact fee eligible project costs was calculated using the Port Orchard travel demand model, which is the technical basis for the transportation needs forecasts identified in the Transportation Element as well as the Port Orchard transportation concurrency management system. The travel demand model forecasts the quantity, distribution, and route choice of trips associated with new and existing development in and near Port Orchard. The travel demand model indicates that new development will generate a total of 8,579 new PM peak hour trips citywide between 2025 and 2045. Growth share was calculated by project based on the proportion of new development trips in 2045 relative to 2025 traffic volume on each project street segment or intersection. For eligible multimodal shared -use path projects, growth share was calculated based on travel demand growth on a street segment or intersection in the project vicinity. The proportionate share for each project was capped at the anticipated non -grant share of project cost. For example, if a project improved an intersection with anticipated traffic volume growth of 40 percent but that project was anticipated to receive 80 percent grant funding, the growth share of project cost was limited to the non -grant -funded share of 20 percent. The proportionate share of growth responsibility for each TIF-eligible project is identified in Appendix A. The sum of the growth share of project cost for all impact fee projects is $68,431,221, or approximately 41 percent of total impact fee eligible project cost. The remaining $46,881,924 (28%) will require funding from other sources. Transportation Impact Fee Rate The TIF rate was calculated by dividing the total growth share of eligible project costs by the citywide 2025-2045 PM peak hour trip growth forecast, as shown: Development share of project costs $68,431,221 New PM peak hour trips citywide 8,579 trips = $7,977 / PM peak hour trip Transportation Solutions, Inc. 4 June 2025 87 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 3. Additional Issues for Consideration Anticipated Annual Impact Fee Revenue The amount of revenue generated annually by impact fees are variable, subject to general economic and social conditions. The anticipated annual revenue from the proposed transportation impact fee, based on the travel demand growth forecast of 8,579 new trips by 2045, is shown below: 429 trips $7,977 * = $3,422,133 / year year PM trip The transportation impact fee is anticipated to generate an average of $3,422,133 per year. This represents a 20 -year average and may be more or less in any given year. Anticipated Grant Revenue Grant funding totaling $51,875,848 for impact fee eligible projects was subtracted from the total project cost used in the impact fee rate calculation. These funds were estimated on a per -project basis but are unpredictable and may vary. If actual grant funding falls short of the assumed awards, the City of Port Orchard will need to identify other revenue sources to cover the funding gap. Anticipated Need for Other Public Funds The anticipated impact fee revenue does not fully fund the non -grant share of TIF project costs. The anticipated need for other public funds is summarized in Table 1. Table 1. Average Annual Unfunded Commitment Amount Share of Total Total TIF-Eligible Project Cost $167,188,993 100% Anticipated Grant & Intergovernmental Revenue $51,875,848 31% Growth/Development Share of Project Cost $68,431,221 41% Remaining Unfunded Commitment (2025-2045) $46,881,924 28% Average Annual Unfunded Commitment $2,344,096 The City will need to identify other revenue sources to fund the remaining unfunded revenue commitment of $46,881,924 associated with the TIF projects. This represents an average funding commitment of $2,344,096 per year. Transportation Solutions, Inc. June 2025 City of Port Orchard 2025 Transportation Impact Fee Rate Study and Fee Schedule 4. Transportation Impact Fee Rate Comparison Current transportation impact fee rates for several cities in Kitsap and Pierce County as of June 2025 are identified below. A full comparison chart of transportation impact fee rates, current as of 2024, is provided in Appendix B. Table 2. Transportation Impact Fee Rates for Nearby Jurisdictions Jurisdiction Transportation Impact Fee Rate $/PM trip' $/DU2 City of North Bend (Western WA maximum) $17,149 $16,120 Pierce County3 $9,917 $9,322 City of Port Orchard — Proposed $7,977 $7,498 City of Gig Harbor $7,577 $7,122 City of Port Orchard — Existing $6,288 $6,225 Western Washington 2024 Average $5,717 $5,374 City of Poulsbo $5,640 $5,302 Kitsap County $5,382 $5,059 City of Bainbridge Island $5,000 $5,319 City of Oak Harbor (Western WA minimum) $589 $907 'Fee rate per new PM peak hour trip; 2Fee rate per new single-family detached dwelling unit (DU) 3Pierce County TIE rate varies by service area 5. Credits and Adjustments Impact Fee Credits An applicant may request a credit for impact fees in the amount of the value of system improvements, including dedications of land, improvements, and/or construction provided by the applicant. Credits should be considered on a case -by -case basis and should not exceed the impact fee payable. Claims for credit should be made before the payment of the impact fee. Credits for construction should be provided only if the land, improvements, and/or the facility constructed are listed as planned transportation projects in the Rate Study and Impact Fee Ordinance. No credit should be given for code based frontage improvements or right or way dedications, or direct access improvements to and/or within the subject development (project improvements) unless the improvement is part of a project listed in the Rate Study and Impact Fee Ordinance. Independent Fee Calculation An applicant may submit an independent fee calculation for a proposed development activity. The documentation submitted should be prepared by a traffic engineer licensed in Washington State and should be limited to adjustments in the trip generation rates used in the fee calculation. Transportation Solutions, Inc. 6 June 2025 Appendix A. Transportation Impact Fee Project List Transportation Solutions, Inc. Tom 2025 Transportation Impact Fee Rate Study ORCHARD Project List Total $167,188,993 $51,875,848 (31%) $46,881,924 (28%) $68,431,221 (41%) 2025-2045 Trip Growth Impact Fee Rate per Trip 8,579 $7,977 Impact Fee per Single -Family Home $7,498 * Tremont Street Widening Ph. 1 (Complete) $23,600,000 $16,030,336 (68%) $0 (0%) $7,569,664 (32%) 1.1 Bay Street Pedestrian Pathway ROW $2,804,800 $1,923,590 (69%) $180,210 (6%) $701,000 (25%) 1.2 Bay St Pedestrian Pathway Construction $4,115,000 $3,000,000 (73%) $86,000 (2%) $1,029,000 (25%) 1.3 Bethel Phase 1 Design $2,242,000 $0 (0%) $1,121,000 (50%) $1,121,000 (50%) 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout $2,300,000 $0 (0%) $230,000 (10%) $2,070,000 (90%) 1.5/2.07 Old Clifton Rd Nonmotorized Improvements $3,150,000 $0 (0%) $315,000 (10%) $2,835,000 (90%) 1.7 Bethel Phase 5a (Bethel/Lincoln Roundabout) $4,000,000 $1,500,000 (38%) $0 (0%) $2,500,000 (63%) 1.8 Bethel Phase 1 a (Blueberry Roundabout) $3,591,000 $0 (0%) $1,795,000 (50%) $1,796,000 (50%) 1.9 Bethel Phase 1 b (Salmonberry Roundabout) $11,842,000 $0 (0%) $5,921,000 (50%) $5,921,000 (50%) 1.10 Bethel Phase 4b (Vallair Ct Connector) $3,000,000 $0 (0%) $1,500,000 (50%) $1,500,000 (50%) 1.14 Sidney Rd SW Nonmotorized (Hovde Rd to SR 16) $1,895,000 $1,251,000 (66%) 50(0%) $644,000 (34%) 1.16 Bay Street Impr. Ph. 1 (Robert Geiger St to Frederick) $7,259,000 $2,000,000 (28%) $1,629,000 (22%) $3,630,000 (50%) 1.18 Tremont Ph. 2 & 3 Design/ROW (PO Blvd to Sidney Ave) $4,732,000 $2,232,000 (47%) $134,000 (3%) $2,366,000 (50%) 1.19 SR 160/Sedgwick Phase 2a (Sedgwick Rd roundabout) $3,000,000 $0 (0%) $1,500,000 (50%) $1,500,000 (50%) 1.20 Bethel Phase 4a (Lund Ave Roundabout) $4,000,000 $3,000,000 (75%) $0 (0%) $1,000,000 (25%) 1.21 Old Clifton/McCormick Woods Dr Roundabout $3,000,000 $0 (0%) $300,000 (10%) $2,700,000 (90%) 2.01 Sidney Ave (s. of Tremont) Complete Street (Design/ROW $3,750,000 $0 (0%) $2,812,000 (75%) $938,000 (25%) 2.02A Sedgwick Rd West Design/ROW (SR1 6 to Sidney Rd SW) $1,156,070 $924,856 (80%) $214 (0%) $231,000 (20%) 2.02B Sedgwick Rd West Construction (SR 16 to Sidney Rd SW) $3,468,208 $2,774,566 (80%) $0 (0%) $693,642 (20%) 2.04A.2 Ramsey Road Widening (Sedgwick Rd to Salmonberry) $4,000,000 $0 (0%) $400,000 (10%) $3,600,000 (90%) 2.04C Bethel/Sedgwick Corridor Ph. 3 (Blueberry to Piperberry) $1,800,000 $0 (0%) $900,000 (50%) $900,000 (50%) 2.04D Bethel/Sedgwick Corridor Ph. 4 (Lund to Salmonberry) $8,744,000 $4,372,000 (50%) $0 (0%) $4,372,000 (50%) 2.04E Bethel/Sedgwick Corridor Ph. 5 (Mile Hill Dr to Lund) $8,535,000 $4,267,500 (50%) $2,133,500 (25%) $2,134,000 (25%) Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost 1of2 INNOVATIVE I PRACTICAL I EQUITABLE 91 ORCHARD 2025 Transportation Impact Fee Rate Study Project List 2.05 Sidney Rd SW Widening Ph. 2 (Ruby Crk to s. city limits) $1,750,000 $0 (0°%o) $875,000 (50%) $875,000 (50%) 2.10 Fireweed Rd Widening (Sidney to Flower) $1,500,000 $0 (0%) $750,000 (50%) $750,000 (50%) 2.11 Sherman Ave Widening (Fireweed to terminus) $2,000,000 $0 (0°%o) $1,000,000 (50%) $1,000,000 (50%) 2.12 Tremont St Widening Ph. 2: Port Orchard Blvd $8,554,915 $7,400,000 (86%) $0 (0%) $1,154,915 (14%) 2.20 Bay Street Ped. Pathway W. Ph. 1 (Tremont to Foot ferry) $4,000,000 $0 (0°%o) $3,000,000 (75%) $1,000,000 (25%) 2.23 Bay St Complete Street (PO Blvd to Mile Hill Dr) $10,000,000 $0 (0%) $7,500,000 (75%) $2,500,000 (25%) 2.21 Bethel Business Connector $1,400,000 $0 (0%) $700,000 (50%) $700,000 (50%) 2.27 Sidney Ave (Downtown) Impr. (Prospect to Waterfront) $1,500,000 $0 (0°%o) $1,125,000 (75%) $375,000 (25%) 2.28 Harrison Ave Improvements (Prospect to Waterfront) $1,000,000 $0 (0°%o) $750,000 (75%) $250,000 (25%) 1.22 Frederick Ave Improvements (Prospect to Waterfront) $1,500,000 $0 (0°%o) $1,125,000 (75%) $375,000 (25%) 2.30 Tremont St Widening Ph.3 (PO Blvd to Sidney Ave) $5,000,000 $1,200,000 (24%) $1,300,000 (26%) $2,500,000 (50%) 2.31 Glenwood & McCormick Woods Dr Roundabout $3,000,000 $0 (0%) $300,000 (10%) $2,700,000 (90%) 2.32 Bay St Ped. Pathway W. Ph. 2 (Kitsap Transit to PO Blvd) $1,000,000 $0 (0°%o) $750,000 (75%) $250,000 (25%) 2.34 Bay St Reconstruction Ph. 2 (PO Blvd to Robert Geiger St) $5,000,000 $0 (0°%o) $3,750,000 (75%) $1,250,000 (25%) 2.35 Bay St Reconstruction Ph. 3 (Frederick to Harrison) $4,000,000 $0 (0°%o) $3,000,000 (75%) $1,000,000 (25%) Transportation Solutions *Growth share is calculated using travel demand model and capped at non -grant share of project cost 2of2 INNOVATIVE PRACTICAL I EQUITABLE 92 Appendix B. Comparison of 2024 TIF Rates in Western Washington Transportation Solutions, Inc. 93 2024 Transportation Impact Fee Comparison: 74 Cities + 5 Counties in Western Washington Data compiled March 2024 from web sites, fee sheets, telephone, and email by Chris Comeau, FAICP-CTP, Senior Transportation Planner, chris.comeau@transpogroup.com North Bend Sammamish Bothell $12,477 Renton $12,209 Edgewood $11,489 Issaquah $11,132 Shoreline $10,830 Duvall $10,810 Kenmore $10,752 Camas $10,372 Newcastle $10,013 Kent $8,979 Carnation $8,815 Sultan $8,787 Redmond $8,284 Federal Way $8,138 Bellevue $7,946 Kirkland $7,827 Washougal $7,811 La Center $7,561 Maple Valley $7,504 Des Moines $7,465 Bainbridge Island $6,815 Lynnwood $6,525 Sumner $6,490 Gig Harbor $6,449 Fife $6,413 Marysville $6,300 Edmonds $6,249 Mount Vernon $6,151 Auburn $6,146 Port Orchard $6,064 Arlington $5,841 WA Average TIF $5,717 Pierce County $5,705 Snohomish County $5,475 Poulsbo $5,302 Clark County $5,168 Ridgefield $5,081 Mount Lake Terrace $4,991 Milton $4,807 Shelton $4,655 Everett $4,652 Puyallup $4,500 Covington $4,461 Mercer Island $4,319 Kitsap County $4,304 Tumwater $4,275 Buckley $4,188 Lake Stevens $4,155 Woodinville $4,154 Monroe $4,026 Bonney Lake $3,955 Mill Creek $3,900 Ferndale $3,793 SeaTac $3,733 Tukwila $3,726 Pacific $3,650 Bellingham $3,638 Thurston County $3,561 Stanwood $3,523 Battleground $3,508 Olympia $3,241 Enumclaw $3,239 University Place $3,193 Vancouver $3,124 Anacortes $3,044 Sedro Woolley $3,022 Burlington $2,665 Granite Falls $2,500 Blaine $2,500 Sequim $2,491 Lynden $2,168 Orting $2,149 Lacey $2,013 Mukilteo $1,875 Snohomish $1,603 Yelm $1,497 Burien $948 Oak Harbor $907 $14,204 $15,427 $0 $2,000 $4,000 56,000 S8,00c 510,000 $12,000 $14,000 $16,000 S18000 Cost Per P.M. Peak Hour (4:00 - 6:00pm) Vehicle or Person Trip 94 2024 Transportation Impact Fee Comparison: 74 Cities + 5 Counties in Western Washington Data compiled March 2024 from public web sites, fee sheets, telephone calls, and email inquiries by Chris Comeau, FAICP-CTP, Senior Transportation Planner at Transpo Group, Inc. chris.comeau(a�transpoproup.com City 2024 Population 2024 Base Rate Urban Center Incentive City 2023 Population 2024 Base Rate Urban Center Incentive Anacortesl 18,326 $3,044 Milton 8,835 $4,807 Arlington 22,121 $5,841 Monroe 18,574 $4,026 Auburn2 88,750 $6,146 Yes: Downtown Mount Vernon 35,753 $6,151 Yes: Commercial Uses Bainbridge Island 24,153 $6,815 Mount Lake Terrace 21,804 $4,991 Battleground3 22,395 $3,508 Mukilteo 20,681 $1,875 Bellevue 153,768 $7,946 Yes: Downtown & TOD Newcastle 12,664 $10,013 Bellingham4 95,921 $3,638 Yes: Urban Villages North Bend20 8,302 $15,427 Blaine5 6,130 $2,500 Oak Harbor2l 24,187 $907 Yes; CBD Bonney Lake 22,948 $3,955 Olympia22 55,731 $3,241 Yes; Downtown & High Density Corridors Bothell 48,871 $12,477 Yes: Main Street Orting 8,857 $2,149 Buckley 5,421 $4,188 May apply for 30% Reduction Pacific 6,807 $3,650 Burien6 49,627 $948 Port Orchard 18,564 $6,064 Burlington 10,253 $2,665 Poulsbo23 12,101 $5,302 Camas? 28,275 $10,372 Puyallup 41,880 $4,500 Carnation 2,199 $8,815 Redmond24 80,116 $8,284 Y; CBD; OverLake Covington 21,891 $4,461 Renton 101,386 $12,209 Des Moines 31,946 $7,465 Ridgefield25 17,666 $5,081 Duvall 8,824 $10,810 Sammamish26 64,250 $14,204 Edgewood 13,380 $11,489 SeaTac 29,652 $3,733 Edmonds 42,027 $6,249 Sedro Woolley27 13,368 $3,022 Yes; CBD Enumclaw 12,645 $3,239 Sequim 8,403 $2,491 Yes; CBD Everett 111,793 $4,652 Yes: Parking "A" Shelton 10,896 $4,655 Federal Way8 94,745 $8,138 Yes: City Center Shoreline 62,908 $10,830 Ferndale9 16,562 $3,793 Yes: Downtown Snohomish 10,124 $1,603 Fife10 10,573 $6,413 Yes: Use -based Stanwood 9,817 $3,523 Gig Harbor 12,892 $6,449 Sultan 7,243 $8,787 Yes; 50% for Commercial Granite Falls 5,117 $2,500 Sumner28 10,543 $6,490 Issaquah11 38,601 $11,132 Yes: Commercial Uses Tukwila29 21,000 $3,726 Kenmore12 23,067 $10,752 Tumwater 26,427 $4,275 Kent13 132,204 $8,979 Yes; Downtown University Place 34,371 $3,193 Kirkland14 91,568 $7,827 Vancouver30 197,765 $3,124 La Center15 5,262 $7,561 Washougal 16,764 $7,811 Lacey 60,485 $2,013 Woodinville31 13,044 $4,154 Lake Stevens16 40,598 $4,155 Yes; TIF Zone 1 Yelm 10,676 $1,497 Lynden17 16,540 $2,168 County Population Base Rate Lynnwood18 47,880 $6,525 Yes; Citywide Clark County32 520,900 $5,168 Maple Valley19 28,355 $7,504 Kitsap County 280,900 $4,304 Marysville 73,578 $6,300 Yes: Commercial Uses Pierce County33 937,400 $5,705 Mercer Island 24,600 $4,319 Snohomish County34 847,300 $5,475 Mill Creek 20,753 $3,900 Thurston County35 300,500 $3,561 Notes: All data above and below obtained from public web sites, fee sheets, telephone calls, emails, and lTE Trip Generation Manuals. 2023 OFM Population data not released until June. 1. Anacortes updated TIF system in 2019. 2. Auburn adopted rates 2017; has downtown reduced rate. 3. Battle Ground uses an ADT-based TIF system; SFD = 9.57 trips x $347 4. Bellingham TIF = Person trips; alutomatic 22% to 30% Urban Village TIF reduction with voluntary TDM measures up to 50% UV TIF reduction. 5. The City of Blaine future pm peak hour vehicle trip rate is currently being evaluated. 6. Burien limited improvement project costs to keep rates low. TIF was adopted in 2009. 7. Camas uses a 2 -zone TIF system; North = $9,833; South = $3,800; Average = $6,817 8. Federal Way charges 3% admin. fee + base rate + 3-yr WSDOT construction cost index. City Center TIF Reduction. 9. Ferndale uses 3 -zone TIF system. $3,855 citywide; $4,822 for 443 -acre "Main Street" Planned Action; $2,701 downtown Ferndale. Average = $3,793. 10. Fife uses a VMT-based TIF system adjusted from ITE ADT rates. 11. Issaquah created development incentive in which the first 10,000 SF of commercial TIF paid from other public funding sources (per WA State law). 12. Kenmore TIF rates based on mobility units and person trips. 13. Kent TIF rates are based on person trips; TIF Rate Study (2021) with reductions for downtown Kent. 14. Kirkland TIF rates are based on person trips at $5,397/person trip 15. La Center allows TIF to be deferred to occupancy by requiring lien on property. 16. Lake Stevens uses a 3 -zone TIF system; average - $3,257 17. Lynden TIF citywide is $2,168, but NW Lynden Pepin Creek subarea TIF is $17,328 (Highest in WA). 18. Lynnwood has two TIF zones: City Center/Mall $5,107and remainder of City $7,944. Average is $6,525. 19. Maple Valley fee per 2023 rate schedule 20. North Bend has highest citywide TIF ($15,210) in WA (See Lynden Pepin Creek) Primarily residential with little to no pass-by/diverted link trips. 21. Oak Harbor uses a dated TIF system; $907 residential and $589 non-residential. 22. Olympia allows TIF reduction in downtown and on high-desnity corridors. 23. Poulsbo uses an ADT-based TIF system;ITE 11th Ed. SFD = 9.4 ADT x $564 =$5,301.60 24. Redmond uses "Person Trips/Mobility Units" for Concurrency and TIF; Citywide $9336; Overlake $7890; Downtown $7626; Average = $8284. 25. Ridgefield uses an ADT-based TIF system 26. Sammamish has 2nd highest citywide TIF ($14,064) in WA (See Lynden Pepin Creek). Primarily residential development; no pass-by/diverted link trips. 27. Sedro-Woolley uses a 2 -zone TIF system; $3,022 Non-CBD; $1,681 in CBD 28. Sumner converted 3 -zone TIF system to 1 Citywide Zone as of April 15, 2024 29. Tukwila = 4 -zone TIF system: Z1 = $4,439; Z2 = $4,863; Z3 = $5,345; Z4= $2,058; Average =$3,726 30. Vancouver uses 3 -zone ADT-based TIF system; Columbia $240; Pacific $428; Cascade $329; Average = $332.33 x 9.4 = $3,124 / SFD 31. Woodinville uses an ADT-based TIF system. 1 SFD = 9.44 x $440 = $4,154 32. Clark County has a four zone TIF system based on ADT; Z1 = $487; Z2 = $930; Z3 =$421; Z4 =$352; Average $547.50 x 9.44 = $5240 33. Pierce County uses a 4 -zone TIF system based on model -derived VMT; A = $5,654; B= $5,654; C = $9,242; D=$2,270. Average TIF for SFD = $5,705 34. Snohomish County updated its 6 -zone TIF system based on ADT in 2020. Average is $580/trip or $5,475 per SFD. 35. Thurston County uses a 6 -zone TIF system based on ITE PM Peak Trips; Average = $3561/trip or $3,248 per SFD 95 Appendix C. Transportation Impact Fee Rate Schedule Transportation Solutions, Inc. City of Port Orchard Traffic Impact Fee Rate Schedule - Residential (2025 Update) 210 Ill! 141 Single -Family Detached Housing 0.94 DU r. . $7,498 $4,547 215 220 221 Single -Family Attached Housing (Duplex/Townhome) Multifamily Housing (1-3 floors) Multifamily Housing (4-10 floors) 0.57 DU 0.51 DU $4,068 0.39 DU $3,111 230 Low -Rise Residential w/ 1st Floor Commercial 0.36 DU $2,872 240 Mobile Home Park 0.58 DU $4,627 251 Senior Housing Detached 0.30 DU $2,393 252 253 254 Senior Housing Attached Congregate Care Facility Assisted Living 0.25 DU $1,994 0.18 DU $1,436 0.24 bed $1,914 260 270 Recreational Home Residential PUD 0.29 DU $2,313 0.69 DU $5,504 - - Accessory Dwelling Unit (≤ 450 sf) Accessory Dwelling Unit (> 450 sf) 0.29 DU $2,313 0.47 DU $3,749 1 Institute of Transportation Engineers, Trip Generation Manual (11th Edition) 2 Trip generation rate per development unit for PM peak hour of the adjacent street traffic (4-6 PM) 3 DU = Dwelling Unit 0�84 HARD Transportation Solutions •� p INNOVATIVE I PRACTICAL I EQUITABLE 97 City of Port Orchard Traffic Impact Fee Rate Schedule — Non -Residential LUC 1-799 (2025 Update) 30 90 • Intermodal Truck Terminal Park and Ride with Bus Service 1.87 * 1.870 ksf $14,917 0.49 0.490 space $3,909 110 General Light Industrial Industrial Park Manufacturing Warehousing Mini Warehouse Utilities Speciality Trade Contractor 0.65 * 0.650 KSF $5,185 130 0.34 * 0.340 KSF $2,712 140 0.74 * 0.740 KSF $5,903 150 0.18 * 0.180 KSF $1,436 151 0.15 * 0.150 KSF $1,197 170 180 •• 2.16 1.93 * * 2.160 KSF KSF $17,230 $15,396 1.930 310 Hotel 0.59 * 0.590 room $4,706 311 All Suites Hotel 0.36 * 0.360 room $2,872 312 Business Hotel 0.31 0.310 room $2,473 320 Motel • 0.36 0.360 room $2,872 411 Public Park 0.11 0.110 acre $877 416 Campground/RV Park 0.27 * 0.270 site $2,154 430 Golf Course 0.28 * 0.280 acre $2,234 432 Golf Driving Range 1.25 * 1.250 tee $9,971 433 Batting Cages 2.22 * 2.220 cage $17,709 434 Rock Climbing Gym 1.64 * 1.640 KSF $13,082 435 Multi -Purpose Recreational Facility 3.58 * 3.580 KSF $28,558 437 Bowling Alley 1.16 * 1.160 KSF $9,253 445 Movie Theater 13.96 * 13.960 screen $111,359 488 SoccerCom lex 16.43 * 16.430 field $131,062 490 Tennis Courts 4.21 * 4.210 court $33,583 491 Racquet/Tennis Club 3.82 * 3.820 court $30,472 492 Health Fitness Club 3.45 * 3.450 KSF $27,521 493 Athletic Club 6.29 * 6.290 KSF $50,175 495 Recreational Community Center • i 2.50 * 2.500 i KSF $19,943 520 Elementary School 0.16 0.160 student $1,276 522 Middle/Junior High School 0.15 * 0.150 student $1,197 525 High School 0.14 * 0.140 student $1,117 528 School District Office 2.04 * 2.040 student $16,273 530 Private School (K-8) 0.26 * 0.260 student $2,074 534 Private High School 0.19 * 0.190 student $1,516 536 Charter Elementa School 0.16 * 0.160 student $1,276 540 Junior / Communi Colle a 0.11 * 0.110 student $877 560 Church 0.49 * 0.490 KSF $3,909 565 Da Care Center 11.12 44% 4.893 KSF $39,030 566 Cemetery 0.46 * 0.460 acre $3,669 571 Adult Detention Facility 0.08 * 0.080 bed $638 575 Fire & Rescue Station 0.48 * 0.480 KSF $3,829 590 i'il*1[Wi Library 8.16 * 8.160 • KSF $65,092 610 Hospital 0.86 * 0.860 KSF $6,860 620 Nursing Home 0.14 * 0.140 KSF $1,117 630 Clinic 3.69 * 3.690 KSF $29,435 640 Animal Hos ital / Veterina Clinic 3.53 * 3.530 KSF $28,159 650 • Freestanding Emergency Room 1.52 * 1.520 KSF $12,125 710 General Office 1.44 1.440 KSF $11,487 712 Small Office Bldg (<10,000 s 2.16 * 2.160 KSF $17,230 715 Single Tenant Office ≥10,000 s 1.76 * 1.760 KSF $14,040 720 Medical/Dental Office (Stand -Alone) 3.93 * 3.930 KSF $31,350 730 Government Office Building 1.71 * 1.710 KSF $13,641 732 US Post Office 11.21 * 11.210 KSF $89,422 750 Office Park 1.30 * 1.300 KSF $10,370 760 Research and Development Center 0.98 * 0.980 KSF $7,817 770 Business Park 1.22 * 1.220 KSF $9,732 ' Institute of Transportation Engineers, Trip Generation Manual (11th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 DU = Dwelling Unit; KSF = 1,000 square feet; VSP = Vehicle servicing position * Pass -by and diverted trip rate data not available. Primary trip rates may be applied based on local data, development context, and engineering judgment 98 City of Port Orchard Traffic Impact Fee Rate Schedule — ..• 810 Tractor Supply Store 811 Construction Equipment Rental Store 812 Building Materials and Lumber Store Non -Residential 1.40 0.99 LUC 800-999 66% 2025 U date ,. 0.924 KSF $7,371 74% 0.733 KSF $5,844 2.25 74% 1.665 KSF $13,282 813 Free -Standing Discount Superstore w/ Grocery) 4.33 71% 3.074 KSF $24,524 814 Variety Store 6.70 66% 4.422 KSF $35,274 815 Free Standing Discount Store w/o Grocery) 4.86 83% 4.034 KSF $32,178 816 Hardware/Paint Store 2.98 74% 2.205 KSF $17,591 817 Nurse (Garden Center) 6.94 74% 5.136 KSF $40,967 818 Nurse (Wholesale) 5.24 74% 3.878 KSF $30,932 820 Sho in Center >150k 3.40 66% 2.244 KSF $17,900 821 Sho ing Plaza (40-150k) w/ Supermarket 9.03 66% 5.960 KSF $47,541 821 Sho ing Plaza (40-150k) w/o Supermarket 5.19 66% 3.425 KSF $27,324 822 Stri Retail Plaza (<40k) 6.59 66% 4.349 KSF $34,695 823 Fa oryOutletCenter 2.29 66% 1.511 KSF $12,056 840 Automobile Sales (New) 2.42 100% 2.420 KSF $19,304 841 Automobile Sales (Used) 3.75 100% 3.750 KSF $29,914 842 Recreational Vehicle Sales 0.77 100% 0.770 KSF $6,142 843 Automobile Parts Sales 4.90 44% 2.156 KSF $17,198 848 Tire Store 3.75 72% 2.700 KSF $21,538 849 Tire Superstore 2.11 72% 1.519 KSF $12,119 850 Su ermarket 8.95 64% 5.728 KSF $45,692 851 Convenience Store 49.11 49% 24.064 KSF $191,958 857 Discount Club 4.19 63% 2.640 KSF $21,057 861 Sporting Goods Superstore 2.14 66% 1.412 KSF $11,267 862 Home Improvement Superstore 2.29 58% 1.328 KSF $10,595 863 Electronics Superstore 4.25 60% 2.550 KSF $20,341 866 Pet Supply Superstore 3.55 66% 2.343 KSF $18,690 867 OfficeSupplySuperstore 2.77 66% 1.828 KSF $14,584 875 Department Store 1.95 66% 1.287 KSF $10,266 876 Apparel Store 4.12 66% 2.719 KSF $21,691 879 Arts and Crafts Store 6.21 66% 4.099 KSF $32,695 880 Pharmacy/DrugPharmacy/Drug Store w/o Drive-Thru 8.51 47% 4.000 KSF $31,906 881 Pharmacy/DrugPharmacy/Drug Store wl Drive-Thru 10.25 38% 3.895 KSF $31,070 882 Marijuana DispenseDispensery 18.92 100% 18.920 KSF $150,925 890 Furniture Store 0.52 47% 0.244 KSF $1,950 899 Liquor Store I 16.62 I 64% I 10.637 I KSF $84,850 911 Walk-in Bank 12.13 65% 7.885 KSF $62,895 912 Drive-in Bank 21.01 65% 13.657 KSF $108,938 918 Hair Salon 1.45 65% 0.943 KSF $7,518 920 Copy, Print, and Express Ship Store 7.42 66% 4.897 KSF $39,065 930 Fast Casual Restaurant 12.55 57% 7.154 KSF $57,063 931 Fine Dining Restaurant 7.80 56% 4.368 KSF $34,844 932 High Turnover (Sit -Down) Restaurant 9.05 57% 5.159 KSF $41,149 933 Fast Food w/o Drive-Thru 33.21 57% 18.930 KSF $151,002 934 Fast Food w/ Drive-Thru 33.03 50% 16.515 KSF $131,740 935 Fast Food Restaurant w/ Drive-Thru w/o Indoor Seating 59.50 50% 29.750 lane $237,316 936 Coffee/Donut Shop w/o Drive-Thru 32.29 57% 18.405 KSF $146,819 937 Coffee/Donut Sho w/ Drive-Thru 38.99 50% 19.495 KSF $155,512 938 Coffee/Donut Shop w/ Drive-Thru w/o Indoor Seating (Espresso Stand) 15.08 11% 1.659 lane $13,232 941 Quick Lubrication Vehicle Stop 8.70 72% 6.264 VSP $49,968 942 Automobile Care Center 3.11 72% 2.239 KSF $17,862 943 Automobile Parts and Service Center 2.06 72% 1.483 KSF $11,831 944 Gasoline/Service Station 13.91 58% 8.068 VFP $64,357 945 Convenience Store/Gas Station (<4,000 s 18.42 12% 2.210 VFP $17,632 945 Convenience Store/Gas Station (4,000 sf -- 5,500 s 22.76 12% 2.731 VFP $21,787 945 Convenience Store/Gas Station (>5,500 s 26.90 12% 3.228 VFP $25,750 947 Self -Serve Car Wash 5.54 58% 3.213 stall $25,632 948 Automated Car Wash 77.50 58% 44.950 stall $358,566 950 970 Truck Stop (Truck Trips Only) Winery 15.42 7.31 58% 100% 8.944 VFP KSF $71,343 7.310 $58,312 971 Brewery Taproom 9.83 100% 9.830 KSF $78,414 975 Drinkin Place 11.36 100% 11.360 KSF $90,619 i uwc i ilo"Qvvi i ii Ilya iivv aii iu iiiN yci i u iii cNci vc vNni ni rvii c niww vi ou wivauiv +-v Nui�. 3 Average primary trip rates, per Trip Generation Manual. Additional primaryrates based on similar land use and engineering judgment. 4 DU = Dwelling Unit: KSF = 1,000 square feet: VSP = Vehicle servicing position 99 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of a Resolution Authorizing the Reimbursement Agreement with Kitsap Regional Library Foundation for the Port Orchard Branch Roof Replacement Project (Ryan) Meeting Date: July 8, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The City of Port Orchard owns the library facility located at 87 Sidney Avenue, which is operated as the Port Orchard Branch of Kitsap Regional Library. The City and Library District have a long-standing Memorandum of Agreement dated May 12, 2009, outlining their respective roles regarding the facility. In 2025, the City identified the need to replace the flat roof at the Port Orchard Branch. To equitably share in the cost of maintaining this shared community asset, the City has negotiated a Reimbursement Agreement with the Kitsap Regional Library Foundation. Under this agreement, the Kitsap Regional Library Foundation agrees to reimburse the City for 50% of the total construction contract amount for the roof replacement project, including Washington State sales tax and any approved change orders. The total contract cost is $39,442.19, with the Foundation's share being $19,721.10. The agreement also includes provisions related to change orders, invoicing, payment terms, and indemnification. Adoption of the resolution will authorize the Mayor to execute the Reimbursement Agreement in a form approved by the City Attorney. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends that the City Council adopt a resolution authorizing the Mayor 100 to execute the Reimbursement Agreement with the Kitsap Regional Library Foundation for cost - sharing associated with the Port Orchard Branch Roof Replacement Project. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute the Reimbursement Agreement with the Kitsap Regional Library Foundation for the Port Orchard Branch Roof Replacement Project. Has item been presented to Committee/Work Study? If so, which one: Finance Committee Fiscal Impact: The total construction contract amount is $39,442.19. Under the terms of the Reimbursement Agreement, the Kitsap Regional Library Foundation will reimburse the City for 50%, or $19,721.10. The City's share will be funded through the Facilities Maintenance budget. Budget Adjustments will be included as part of the mid -biennial budget amendment process. Alternatives: Do not approve and provide further guidance. Attachments: Resolution - Library Reimbursement Agreement.doc REIMBURSEMENT AGREEMENT.pdf 101 RESOLUTION NO. XX-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE KITSAP REGIONAL LIBRARY FOUNDATION FOR SHARED COSTS ASSOCIATED WITH THE ROOF REPLACEMENT AT THE PORT ORCHARD LIBRARY BRANCH. WHEREAS, the City of Port Orchard ("City") owns the building located at 87 Sidney Avenue, Port Orchard, Washington, which houses the Port Orchard Branch of the Kitsap Regional Library; and WHEREAS, the Kitsap Regional Library operates the Port Orchard Branch pursuant to a Memorandum of Agreement C033-09 between the City and the Library District dated May 12, 2009; and WHEREAS, the City has identified the need to replace the flat roof at the Port Orchard Library Branch in order to maintain the facility and ensure continued delivery of library services to the public; and WHEREAS, the City solicited bids for the roof replacement project and received a proposal from the lowest responsive and responsible bidder, Coastline Roofing and Construction, Inc., in the amount of $39,442.19, including applicable sales tax; and WHEREAS, the Kitsap Regional Library Foundation has agreed to reimburse the City for fifty percent (50%) of the project cost, including any approved change orders, in recognition of the shared interest in maintaining the facility; and WHEREAS, the City and the Foundation have negotiated a Reimbursement Agreement setting forth the terms and conditions for the cost -sharing arrangement. Now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute the Reimbursement Agreement with the Kitsap Regional Library Foundation for shared costs associated with the Port Orchard Branch Roof Replacement Project, in a form approved by the City Attorney. 102 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of July, 2025. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC 103 REIMBURSEMENT AGREEMENT Between the City of Port Orchard and Kitsap Regional Library Library Roof Replacement Project — PW2025-016 This Reimbursement Agreement (this "Agreement") is entered into by and between the City of Port Orchard, a Washington municipal corporation ("City"), and the Kitsap County Rural Library District, d/b/a Kitsap Regional Library Foundation ("Library District") (together, the "Parties"). WHEREAS, the City owns the library facility located at 87 Sidney Avenue, Port Orchard, Washington (the "Library Facility"), which is used and operated by the Library District pursuant to a Memorandum of Agreement dated May 12, 2009; and WHEREAS, the City is undertaking a public works project to replace the flat roof at the Library Facility under Public Works Project No. PW2025-016 ("Project"); and WHEREAS, the Parties recognize the mutual benefit of maintaining the Library Facility and wish to share the cost of the roof replacement Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. Purpose This Agreement outlines the terms by which the Library District agrees to reimburse the City for a portion of the costs incurred for the roof replacement Project at the Library Facility. 2. Cost Sharing The Library District shall reimburse the City for fifty percent (50%) of the total construction contract amount for the Project, including Washington State sales tax and any approved change orders. The base contract amount is $39,442.19, and the Library District's share is $19,721.10. • The Library District also agrees to reimburse the City for fifty percent (50%) of the value of any change orders approved and executed under the Project contract. 104 3. Payment Terms The City shall submit an invoice to the Library District after the City receives and processes the contractor's final payment application. The Library District shall remit payment to the City within thirty (30) days of receiving the invoice. 4. Change Orders The City will notify the Library District of any proposed change orders exceeding Five Thousand Dollars ($5,000) prior to authorization. For change orders below this threshold or those necessary for emergency repairs, the City may proceed without prior notice to the Library District, provided such costs remain eligible for cost sharing under this Agreement. 5. Term This Agreement shall remain in effect until all payments have been received and the Project is formally closed out, including final acceptance and release of retainage. 6. Miscellaneous • Governing Law: This Agreement shall be governed by the laws of the State of Washington. Any disputes shall be resolved in Kitsap County Superior Court. • Amendment: This Agreement may be amended only in writing, signed by both Parties. • Entire Agreement: This document represents the entire agreement between the Parties regarding cost sharing for this project and supersedes any prior understandings or agreements. • Counterparts; Signatures: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. Each counterpart may be delivered by facsimile transmission. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto. 7. Indemnification: The Library Foundation agrees to defend, indemnify, and hold the City, its officers, employees, and agents harmless from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from its own actions or failure to perform any obligation under this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below. 105 CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor Date: KITSAP REGIONAL LIBRARY By: [Authorized Representative Name] Title: Date: 106 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of a Resolution with Coastline Roofing and Construction, Inc. for the Kitsap Regional Library Roof Replacement Project (Ryan) Meeting Date: July 8, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The City of Port Orchard identified the need to replace the roof at the Kitsap Regional Library — Port Orchard Branch. To address this, the City issued an Invitation to Bid through the MRSC Roster process on June 11, 2025. Bidding closed on June 25, 2025. A total of 6 responsive bids were received. The lowest responsive and responsible bidder was Coastline Roofing and Construction, Inc., with a bid amount of $39,442.16 including tax. Staff has reviewed the bid and recommends Executing a contract with Coastline Roofing and Construction, Inc. Contractor Bid Amount Coastline Roofing and $39 442.16 , Construction, Inc. Wayne's Roofing Inc $58,534.52 JR Swigart Co Inc $67,934.32 Chinook Building Envelope $68,968.30 Services Fields Roof Service Inc $73,925.06 V&R Roofing $75,887.69 If approved, the City is entering into a reimbursement agreement with the Kitsap Regional Library to share the project costs equally. That agreement is being presented to the Council under a separate item preceding this contract award. Adoption of the resolution will authorize the Mayor to execute a contract with Coastline Roofing and Construction, Inc. for the roof replacement work. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to execute a contract with Coastline Roofing and Construction, Inc. for the Library Roof Replacement 107 Project. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a contract with Coastline Roofing and Construction, Inc. for the Library Roof Replacement Project. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: The contract total is $39,442.16, which will be equally shared between the City and Kitsap Regional Library under a separate reimbursement agreement. The City's share will be funded through the Facilities Maintenance budget. Budget Adjustments will be included as part of the mid - biennial budget amendment process. Alternatives: Do not approve and provide further guidance. Attachments: Resolution - Library Roof Contract.doc CONTRACT PACKET - Library Roof.pdf 108 RESOLUTION NO. XX-XX A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH COASTLINE ROOFING AND CONSTRUCTION, INC. FOR THE LIBRARY ROOF REPLACEMENT PROJECT AND DOCUMENTING THE PROCUREMENT PROCESS. WHEREAS, the City of Port Orchard identified the need to replace the roof at the Kitsap Regional Library — Port Orchard Branch to ensure the facility remains suitable for continued public use and service; and WHEREAS, on June 11, 2025, the City of Port Orchard Public Works Department issued an Invitation to Bid (ITB) for the Library Roof Replacement Project via the MRSC Roster process; and WHEREAS, the City received six responsive bids by the June 25, 2025 deadline, and City staff reviewed the proposals and determined that Coastline Roofing and Construction, Inc. submitted the lowest responsive and responsible bid in the amount of $39,442.16, including sales tax; and WHEREAS, the City established a reimbursement agreement with Kitsap Regional Library to equally share the costs of the project; and WHEREAS, the City's Public Works Department recommends that the City Council authorize execution of a public works contract with Coastline Roofing and Construction, Inc. for completion of the Library Roof Replacement Project; and WHEREAS, the Port Orchard City Council, in the interest of transparency and in accordance with the recommendation of the State Auditor's Office, wishes to document the procurement process and selection of the contractor by resolution. Now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute a Contract with Coastline Roofing and Construction, Inc. in the amount of $39,442.16 for the Library Roof Replacement Project. 109 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of July, 2025. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC 110 CITY OF PORT ORCHARD SMALL WORKS CONSTRUCTION CONTRACT NO. PUBLIC WORKS PROJECT NO. PW2025-016 THIS Agreement is made effective as of the 8th day of July, 2025 by and between CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located at: 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Coastline Roofing and Construction, Inc., ("CONTRACTOR"), a Washington corporation located at 318 Minnesota St. PO Box 1333 South Bend, WA 98586 Contact: Shane Phone: 360-942-9713 Email: shane@coastlineinc.org/office@coastlineinc.org for the following Project: Kitsap Regional Library Roof Replacement ("PROJECT") In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a -g; City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 1 of 38 111 i. 2019 Public Works Engineering Standards; j. Appendix A: Non -Discrimination Statutes and Authorities. k. The bid proposal submitted by the contractor, except when inconsistent with Contract documents a -j All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be June 8, 2025. The Contractor shall substantially complete the Work not later than September 30, 2025, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $39,442.16 (applicable sales tax included) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 2 of 38 112 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. 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. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b) Nondiscrimination: The Contractor, 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 Contractor 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. c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this 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. d) Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. e) Sanctions for Noncompliance: In the event of the Contractor'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: City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 3 of 38 113 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. 11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 12. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 4 of 38 114 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. c) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. d) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 5 of 38 115 of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. Robert Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 6 of 38 116 CERTIFICATE AS TO CORPORATE PRINCIPAL (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) ss County of ) , (corporate officer (not contract signer)) being duly sworn, deposes and says that they are (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of , 20 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 7 of 38 117 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 8 of 38 118 Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 13. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 9 of 38 119 Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 10 of 38 120 B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re - procuring similar products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. a) Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 11 of 38 121 disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. b) Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. c) Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. RETAINAGE: Unless the City waives the retainage requirement in accordance with RCW 39.04.155(2)(f), the City shall, pursuant to the requirements of RCW 60.28.011, retain five percent (5%) of the monies earned under this Contract, which shall be maintained by the City according to the Contractor's requested method. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 12 of 38 122 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors and shall meet the requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • 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. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand- alone policy. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub - subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 13 of 38 123 responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: • The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. • If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 14 of 38 124 Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub - subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor'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. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 15of38 125 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS -RCW 39.08.010) NOTE 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. NOTE 2: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, an additional 5% for a total of ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. (RCW 39.08.010) In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature Date Bond No. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 16 of 38 126 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD KITSAP REGIONAL LIBRARY ROOF REPLACEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2025-016 Bond to City of Port Orchard, Washington Bond No. We, ,and (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20, between Principal and Owner for a project entitled KITSAP REGIONAL LIBRARY ROOF REPLACEMENT PROJECT Project No. PW2025-016 ("Project"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and • Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: • Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 17 of 38 127 • Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of _______________,20. Principal Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 18 of 38 128 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the (check one of the following boxes): ❑ of ____________________________,the corporation, ❑ of ____________________________,the partnership, ❑ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: Notary Seal with Ink Stamp City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 My Commission expires: 19 of 38 129 SURETY ACKNOWLEDGEMENT STATE OF ) ss. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 20 of 38 130 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Contractor will be required to provide a two-year warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage.) PROJECT #, PERMIT #, CONTRACT # SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of_ dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above -referenced project shall remain free from defects in material, workmanship and installation (or, in the case of City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 21 of 38 131 landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and shall leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 22 of 38 132 must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20_. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: Its Public Works Director CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 23 of 38 133 FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF KITSAP I certify that I know or have satisfactory evidence that before me, and said person acknowledged as the is the person who appeared of that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 24 of 38 134 FORM P-2 / NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 25 of 38 135 APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Coastline Roofing and Construction, Inc. Public Works Project No. PW2025-016 Rev. IBDR 4-2022 26 of 38 136 ='•` Document A31®TM - 2010 r;JI:rr CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Coastline Roofing & Construction, Inc of business) PO Box 1333 Developers Surety and Indemnity Company South Bend, WA 98586 800 Superior Avenue E, 21st Floor Cleveland, OH 44114 OWNER: (Name, legal status and address) City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 BOND AMOUNT: $ Five Percent of the Amount Bid (5%) PROJECT: (lame, location or address, and Project number, if any) Kitsap Regional Library Roof Replacement; Public Works Project No. 2025-016 87 Sidney Avenue Port Orchard, WA 98366 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Init. Alp` DocumentA310Tm_2010. Copyright© 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING This AIA'' Document is protected by U.S Copyright Law and International Treat ea r,n of this A,A . ument or any portion of it, may result in severe civil and criminal penalties, and will be proses,,: .,nder the taw This document was produced by AIA I software at 12:09:36 ET on 07/23/2019 under Order No.6717471127 which expires on 07/13/2020, and is not for resale. User Notes: (1647925336) 27 of 38 137 Signed and sealed this 18th day of June , 2025 Coastline Roofing & Construction, Inc (Principal) (Seal) (Witness) dNIV (Witness) Linda Druml, Witness (Title) Developers Surety and Indemnity Company (Surety) (Seal) LLi (Title) David F. Druml, Attorney -in -Fact Init. AIA Document A3101"' - 2010. Copyright © 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved, WARNING This AIAn' Document is protected b/ ernational T eaves any portion of it, may result in seven: aloes, and will be u,ose,. This document was produced by AIA software at 12:09:36 ET on 07/23/2019 under Order No.6717471127 which expires on 07/13/2020, and is not for resale. User Notes: (1647925336) 28 of 38 138 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York. NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ANI) INDEMNITY COMPANY, do hereby make, constitute and appoint. David F. Druml and Horace A. Nabers of Foster City, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalfof said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective August 9, 2023 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed wider and by authority of the following resolutions adopted by the Board of Directors ofCOREPOiNTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively. "Company") on February 10, 2023. RESOLVED, that Sam Zaza, President, Surety Underwritjjg. .lames Bel! Vice President,_Surety Underwritina, and Craig Daw,on- Executive Underwriter, fugy, each an employee ofAmTrust North America, inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations. and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 `7 ••�arw•ra.r •�•��rrtrrr�•y�. .•••��SURgti'•. P'��`OFtPORgj.•C� : �PO�rer•��i rinted Na Sam Zaza fi J G r �J: eo- Title: President, Surety Underwriting_ ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California COUNTY OF Orange 1936 ' + /FO/ - 'I , , * s•r�•+ On this 27 day of March, 2023, before me, Hoang-Quyeq.Phu Pham _ _, personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certify, under penalty of perjury, under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. w r HOANG-QUYEN P. PRAM Notary Public • California Signature - v 4 Orange County > Commission # 2432970 my Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. DocuSigned by: By: 1 Barry W. Moses, Assistant Secretary Sn8415 7ADE548C... DocuSignEnvelopeID:3352BFD6-5E9D-4796-837E-C 1 E455E6530F POA No. N/A Ed. 0323 Signed and sealed this f D-� day of forte` Zo 2s 29 of 38 139 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On /Z before me, Horace Alexander Nabers Date Here Insert Name and Title of the Officer personally appeared David F. Druml Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W'SE` °�,± HORACEALEXANDERNABERS Notary Public • California Santa Clara County Commission # 2496831 `'Lo•�""� My Comm. Expires Sep 1, 2028 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 30 of 38 140 ACKNOWLEDGEMENTS CITY OF PORT ORCHARD Kitsap Regional Library Roof Replacement PUBLIC WORKS PROJECT NO. PW2025-016 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: N/A Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: Printed Name and Title: Location or Place Executed (City, State): Shane Moncy, President South Bend, Washington Business Address: Business Telephone: 318 Minnesota St., PO Box 1333 360-942-9713 / 360-942-8513 South Bend, WA 98586 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 31 of 38 141 F. signed this io l dged it as the (rne of party on behalf of whom proposal was executed) and acknowledged itb,beeir free and voluntary act for the uses and purposes mentioned in this proposal. Dated this day of , 20 City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 N tary Pu c Printed Name My Commission Expires: _ •------------------------------- NICHOLA A. GOODIN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION No. 66980 My Commission Expires: May 15.2029 -------------------------------� Page 8 of 12 32 of 38 142 SCHEDULE OF CONTRACT PRICES Kitsap Regional Library Roof Replacement Kitsap Regional Library Roof Replacement (Lump Sum) Total Thirty-six thousand, eighty-six dollars and fifteen cents. $ 36,086.15 Three thousand, three hundred fifty-six dollars and one cent. Tax 9.3% $ 3,356.01 TOTAL BID Thirty-nine thousand, four hundred fourty-two dollars and sixteen cents. $39,442.16 SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. NOTE If a discrepancy is found between the numerical unit price and the unit price written in words, the written (word) amount shall prevail. City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 33 of 38 143 BIDDER'S QUALIFICATION FORM CITY OF PORT ORCHARD KITSAP REGIONAL LIBRARY ROOF REPLACEMENT 1. Name of Contractor: Coastline Roofing and Construction, Inc. Address: 318 Minnesota St., PO Box 1333, South Bend, WA 98586 2. Telephone No. ( 360}942-9713 / 360-942-8513 _ Fax No.: (_) N/A Email Address: Shane@coastlineinc.org / Office@coastlineinc.org 3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: 113, 183-02 4. Washington State Dept. of Licensing Contractor's Registration No. COASTRC857LW Expiration Date: 6/16/2027 5. Washington State Uniform Business Identifier No. 603-502-424 (Must have UBI number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: 10 Years 7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? Yes 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? Yes 9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): 112310009 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number) : 603-502-424 11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? No 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) Yes: Exempt 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? No City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 34 of 38 144 14. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting requirements more than one time as determined by the department of labor and industries? ni., 15. Particular types of construction performed by your company: Membrane Roofing, Metal Roofing, Composition/Asphalt Shingle Roofing, Carpentry, Siding, Windows, Doors, Foundations, Concrete work. 16. Gross amount of contracts now on hand: $ $368,405 17. List similar recent construction projects that your firm has done in the last 5 years: Amount Type Owner's Name Phone $62,402 Membrane Roofing Synergy Service Group N/A General Contractor: Gray West Construction. Project Manager: Morgan Dewees 360-608-4290 $378,516 Membrane Roofing and Naselle-Grays River Valley School District Structural Repairs Lisa Nelson (360) 214-1313 $81,644 Membrane Roofing and Jules Orr Taypered Insulation (360) 301-1707 Membrane Roofing and Astoria School District (503) 325-6441 $106,285 Taypered Insulation General Contractor: Skanska USA Buildings Inc. Contact: Chad Schlottmann 541-948-2005 Fluted Insulation and Shoalwater Bay Tribe $111,650 Membrane Roofing Al Pepin 360-267-2048 Insulation and MAJ Development Corp. Membrane Roofing General Contractor: Team Construction LLC. Contact: John Balzer (360) 823-5125 360-210-2680 City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 35 of 38 145 18. What is the construction experience of the principal individuals to be assigned to this project? Years of Construction Name Title Experience Availability Andy Saywer Superintendent 39 Years 100% Gustavo Arteaga Foreman 18 Years 100% Pursuant to RCW 39.06.020. the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant condition for verification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. By: (Authorized Signature) Title: Shane Moncy, President Date: City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 36 of 38 146 NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. By: (Authorized Signature) Title: Shane Moncy, President City of Port Orchard Kitsap Regional Library Roof Replacement PW2025-016 37 of 38 147 Scope of Work Project Name: Kitsap Regional Library Roof Replacement Project Location: 87 Sidney Ave, Port Orchard, WA 98366 Roof Area: Approximately 2,750 square feet (flat roof) The City of Port Orchard is soliciting bids from qualified contractors for the complete removal and replacement of the flat roof at the Kitsap Regional Library. The work shall include all labor, materials, equipment, and permits necessary to install a new thermoplastic polyolefin (TPO) roofing system in accordance with industry best practices and applicable codes. The scope includes, but is not limited to, the following: 1. Site Preparation: o Set up necessary safety precautions and equipment including cones, barricades, and safety zones prior to mobilization. 2. Mobilization: o Provide crane services for lifting all materials and equipment to the roof surface. 3. Demolition and Surface Preparation: o Remove existing coping flashings around the perimeter. o Remove existing roofing as needed to prepare for new TPO installation. 4. Substrate Repair (As Needed): o Inspect for defective or rotten sheathing, substructure, fascia, siding, insulation baffles, and related materials. o Replace/repair as required. Any work exceeding the original contract amount shall require written change orders and prior City approval. 5. Roof Installation: Install %2" HD rigid ISO foam coverboard. Install 60 mil Versico TPO membrane fully adhered over the coverboard, extending full height of parapet walls. o Provide and install all necessary TPO plumbing flashings. 6. Drainage and Flashing: o Install four (4) TPO-clad through -wall drain chutes. o Drill overflow holes in existing drain boxes for monitoring. o Install approximately 171 linear feet of new 24 -gauge metal coping flashing. 7. Cleanup: o Remove and dispose of all roofing -related debris from the site upon project completion. 8. Warranty Requirements: o Minimum 20 -year manufacturer product warranty. o Minimum 20 -year contractor workmanship warranty. 38 of 38 148 May 20, 2025, City Council Work Study Meeting Minutes Page 1 of 4 Meeting Location: Contact us: O CoRCS 216 Chambers 6 Prospect Street Phone (360) 876-4 07 cityhall@portorchardwa.govww.porta.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Minutes Work Study Session of Tuesday, May 20, 2025 Roll Call was taken by the Deputy City Clerk as follows: Present: Fred Chang, Councilmember Position No. 6 John Morrissey, Councilmember, Position At -Large Heidi Fenton, Councilmember, Position No. 5 Jay Rosapepe, Councilmember, Position No. 2 Mark Trenary, Councilmember, Position No. 1 Absent: Scott Diener, Mayor Pro-Tempore, Position No. 3 Robert Putaansuu, Mayor Eric Worden, Councilmember, Position No. 4 Staff present: Community Development Director Bond, Principal Planner Fisk, Deputy City Clerk Floyd, and City Clerk Intern Sorensen. Staff present via Zoom: Finance Director Crocker. Audio Visual was successful. 1. CALL TO ORDER A. Mayor Pro tem tem Morrissey led the audience and Council in the Pledge of Allegiance. 2. DISCUSSION ITEMS Mayor Pro tem-tem Morrissey noted due to consultants joining for the Transportation Impact Fee discussion, this item should be first. There being no concerns, the agenda was revised so the Transportation Impact Fees discussion was first and the Middle Housing Code Amendment discussion was second. B. Transportation Impact Fees Community Development Director Bond noted last April, the City approved a contract with Transportation Solutions, Inc. (TSI) to provide an update and review of our transportation impact fees. It is recommended that we look at our impact fees every 3 to 5 years, because our priorities may change. Port Orchard first adopted transportation impact fees back in 2015, and transportation impact fees are assessed on new development to mitigate the impacts of that 149 May 20, 2025, City Council Work Study Meeting Minutes Page 2 of 4 new development on the city's roads. It is not a fee that is paid by existing residents. It is new development paying for the impacts of new development. We updated in 2021 adjusting the list. The fee went up at that time. We really wanted to prioritize funding Bethel and so we put more projects on the list which caused the fee to increase. We have completed a handful of projects since then. He presented three alternatives for updating the fee structure, with each alternative adding more projects to the eligible list and increasing the fee amount. Alternative A represents a slight increase from the current rate, while Alternative C includes all eligible projects and nearly doubles the current fee. Discussion was held regarding the implications of these changes, including how they affect developers and project funding, how Port Orchard's fees compare to neighboring municipalities. Community Development Director Bond stated they are currently average for the region. The discussion touches on the challenges of accurately estimating project costs due to inflation and construction cost increases. Andrew Bratlien with TSI thanked Community Development Director Bond for his explanation and briefly spoke about the impact fees and noted Council should pick the option that makes the most sense for them. He also confirms that Port Orchard's current impact fee is in the mid -range compared to other Western Washington cities, and even with a modest increase, it would remain competitive. Council discussed the timing of fee adjustments, noting that it has been four years since the last change and considering the next 3-5 years before another adjustment. Andrew explains that impact fees are tied to the comprehensive plan, but cost estimates can be updated without amending the plan. The conversation then shifts to anticipated grant funding, noting that some grants are already secured while others are based on educated guesses from various funding sources. Additional discussion was held regarding the different alternatives for impact fee rates, with some members favoring a more aggressive approach (Alternative C) while others express concerns about its effect on businesses. Andrew explains that there are ways to adjust commercial trip generation rates, such as using impact fee rate zones or considering the shared trip effect of clustered businesses, however, he notes that reducing fees for commercial development would likely result in higher fees for residential development or increased costs for existing residents, as the total funding needed remains the same. Lastly, Council discussed potential changes to impact fees for new development projects and different project configurations and funding options, with concerns about balancing growth, infrastructure needs, and costs. They decided to send the matter to the Transportation Committee for further review and prioritization of projects and would also like to hold a public hearing to gather input on the 3 alternatives. There is a general sentiment that while growth is inevitable, careful planning and funding are necessary to avoid infrastructure issues like those experienced in Bethel. 150 May 20, 2025, City Council Work Study Meeting Minutes Page 3 of 4 B. Middle Housing Code Amendment Principal Planner Fisk provided a presentation '2025 Port Orchard Municipal Code Middle Housing Amendments' which included 2024 Comprehensive Plan Periodic Update, Legislative Action, Current Residential Zoning -Units Permitted, Proposed Residential Housing, Proposed Residential 2 (R2), Middle Housing -Amendments, POMC 20.32 Building Types, POMC 20.139 - Residential Design Standards, POMC 20.124 — Parking and Circulation, Accessory Dwelling Units, Unit Lot Subdivision-POMC 20.87 (new), Additional Supportive Amendments, and Middle Housing - Amendments Timeline. Discussion included density, HOA's in CCR, subdivision lots, garages, downtown overlay district, Planning Commission public hearing, zoning map and public outreach. C. 2025 Comprehensive Plan Amendments Development Director Bond explained the 2025 Comprehensive Plan Amendments are currently with the Planning Commission. The Planning Commission did hold their public hearing at their last meeting and decided to leave the record open for additional testimony. There was a little bit of concern from some of the neighbors on changing some properties from industrial to residential and there was concern about traffic that would be using an existing private road easement. The Planning Commission discussed the idea of rather than giving that an R3 zoning going forward, it would be the R2 so there would be potentially less impact. The Planning Commission's recommendation has not been issued yet. The 6 applications received for amendments are: 1. (Postponed) City -initiated amendment proposing to add the Sherman Avenue Stormwater Park Master Plan to Appendix B — Plans Adopted by Reference. 2. City -initiated amendment to the Capital Facilities Element to incorporate new projects and funding sources for transportation, utilities, parks, and public facilities. 3. City -initiated amendment to the Transportation Improvement Program (TIP) to include new roadway, transit, and active transportation projects, along with additional funding sources. 4. Applicant -initiated text amendment proposing a revision to the Expenditures table in the Capital Facilities Element to reflect updated cost estimates based on inflation and anticipated changes in project scope and priorities. 5. (Withdrawn) Applicant -initiated map amendment proposing a legislative Zoning Map amendment for a parcel located approximately 650 feet northeast of Hull Avenue and Sherman Avenue. The amendment proposes rezoning from Residential 2 (R2) to Residential 3 (R3) to allow for increased residential density. 6. Applicant -initiated map Comprehensive Plan Map and Legislative Zoning Map amendment for thirteen parcels located approximately 0.22 miles southwest of SW Old Clifton Road and Lloyd Parkway. The amendment would redesignate the Comprehensive Plan Land Use found in Appendix A from Industrial to Medium -Density Residential (MDR) and rezone from Light Industrial (LI) to Residential 3 (R3), supporting residential 151 May 20, 2025, City Council Work Study Meeting Minutes Page 4 of 4 development. Additional discussion was held regarding the submitted applications, TIP (Transportation Improvement Plan), Diaz property, home occupation, outreach, and next steps. 3. GOOD OF THE ORDER Councilmember Rosapepe spoke about the upcoming Mosquito Fleet Festival and City Hall open house. A brief discussion was held regarding Saturday parking enforcement. Councilmember Fenton spoke about the South Kitsap Senior Parade and asked for more City involvement. 4. ADJOURNMENT The meeting adjourned at 7:59 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 152 CITY COUNCIL ADVISORY COMMITTEE MEETING DATES STANDING COMMITTEE Date & Time Location Economic Development and Tourism July 14, 2025; 9:30am Remote Access Utilities July 15, 2025; 4:30pm Remote Access Finance July 15, 2025; 10:00am Remote Access Transportation July 22, 2025; 4:30pm Remote Access Land Use July 16, 2025; 4:30pm Remote Access Lodging Tax Advisory TBD, 2025 City Hall Sewer Advisory September 9, 2025; 3:00pm WSUD Outside Agency Committees Varies Varies Coffee with the Council July 5, 2025; 10:00AM 701 Bay Street *Dates subject to change I1T11e\Y9J:7 Robert (Rob) Putaansuu Mayor Administrative Official ,sl I I I'L(.1uJ ► I'I I I Scott Diener Councilmember Position 3 (Mayor Pro-Tempore) Land Use Committee Transportation Committee, Chair Kitsap Public Health District Eric Worden Councilmember Position 4 Land Use Committee Utilities/Sewer Advisory Committee KRCC-alt DEPARTMENT DIRECTORS Tim Drury Municipal Court Judge Matt Brown Police Chief Mark Trenary Councilmember Position 1 Finance Committee, Chair Transportation Committee, KRCC PSRC-alt Heidi Fenton Councilmember Position 5 Utilities/Sewer Advisory Committee E/D & Tourism Committee Transportation Committee Debbie Lund, CEBS SPHR SHRM-SCP Human Resources Director Nicholas Bond, AICP Community Development Director Jay Rosapepe Councilmember Position 2 Utilities/Sewer Advisory Committee, Chair Land Use Committee, Chair KEDA-alt Fred Chang Councilmember Position 6 E/D & Tourism Committee Finance Committee Noah Crocker, M.B.A. Finance Director Denis Ryan, CPWP-M, CPRP Public Works Director John Morrissey Councilmember Position At -Large Finance Committee E/D & Tourism Committee Lodging Tax, Chair Kitsap Economic Development Alliance PSRC EDD-alt Brandy Wallace, MMC, CPRO City Clerk 153