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Home My WebLink About027-26 - Resolution - Utility Relocation-Gorst Vicinity Fish Barrier ProjectDocusign Envelope ID: A3F97FC7-2331-821A-8024-EE585B1743C0 RESOLUTION NO. 027-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE UTILITY RELOCATION AGREEMENT NO. 9 WITH KIEWIT INFRASTRUCTURE WEST CO. FOR THE DESIGN AND CONSTRUCTION OF CITY WATER UTILITY RELOCATION ASSOCIATED WITH THE SR 3/SR 16/SR 166 - GORST VICINITY FISH BARRIER REMOVAL PROJECT. WHEREAS, the Washington State Department of Transportation (WSDOT) is advancing the SR 3/SR 16/SR 166 — Gorst Vicinity Remove Fish Barriers Project to comply with a federal injunction requiring the replacement of state-owned culverts that impede fish passage; and WHEREAS, at Site D (WDFW Site 990270) along SR 16, existing City of Port Orchard water utility facilities are located within WSDOT right-of-way and require removal, relocation, and reconstruction to accommodate WSDOT's project; and WHEREAS, the City Council previously approved a Memorandum of Understanding with WSDOT establishing a cooperative framework for utility coordination for the Fish Passage Program; and WHEREAS, WSDOT has assigned and delegated certain utility permit and franchise rights to Kiewit Infrastructure West Co., WSDOT's design -build contractor selected by competitive procurement compliant with applicable laws by WSDOT, for the purpose of implementing necessary utility relocations; and WHEREAS, the City's required relocation is subject to all required approvals by WSDOT, including the use of Kiewit as the selected and authorized contractor by WSDOT for this work in WSDOT right of way; and WHEREAS, the City and Kiewit have negotiated Utility Relocation Agreement No. 9, which defines responsibilities, incorporates WSDOT's Assignment/Delegation (Exhibit A) and the applicable design plans (Exhibit B), and establishes cost, schedule, inspection, and acceptance requirements for relocating the City's water facilities; and WHEREAS, the Agreement establishes a lump -sum cost of $85,000 for design and $515,000 for construction, for a total not -to -exceed amount of $600,000, with the City responsible for these costs consistent with Recital 6; and WHEREAS, the City desires to enter into Utility Relocation Agreement No. 9 to ensure proper coordination with WSDOT and Kiewit and to protect City infrastructure during WSDOT's fish passage improvement project, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Docusign Envelope ID: A3F97FC7-2331-821 A-8024-EE585B1 743C0 Resolution No. 027-26 Page 2 of 6 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 hereby authorizes the Mayor to execute Utility Relocation Agreement No. 9 with Kiewit Infrastructure West Co. in the amount of $85,000 for design and $515,000 for construction, for a total contract amount of $600,000, together with all necessary and related documents required to complete the City's water utility relocation for the SR 3/SR 16/SR 166 — Gorst Vicinity Fish Barrier Removal Project. THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of March 2026. Signed by: I°6b P4MJA slug. 3R96492F3F5847D Robert Putaansuu, Mayor ATTEST: Signed by: 46A5A54 R R 1)004 18 Brandy Wallace, MMC, City Clerk Docusign Envelope ID: A3F97FC7-2331-821 A-8024-EE585B1 743C0 Assignment/Delegation of Utility Franchise/Permit Rights and Obligations This is a Limited Assignment of Rights and Delegation of Obligations ("Assignment") by and between the Washington State Department of Transportation ("WSDOT") and Kiewit Infrastructure West Co. ("Design -Builder"). RECITALS WSDOT entered into a design -build contract with Design -Builder, for a highway improvement project within the following locations in Kitsap County, Washington for the SR 3/SR 104/SR 303/SR 307/SR 308 Kitsap County — Remove Fish Barriers Project: a. State Route 3, Mile Post 41.52 to 59.55; b. State Route 104, Mile Post 16.55 to 22.95; c. State Route 303, Mile Post 6.63 to 6.90; d. State Route 307, Mile Post 1.34 to 1.45; e. State Route 308, Mile Post 0.94 to 2.16 2. The Project requires the relocation of utilities that are located on WSDOT right of way pursuant to certain Utility Permits or Franchises. 3. WSDOT determined that it is in the best interest of the State of Washington and the traveling public to temporarily assign certain rights and delegate certain obligations under the Utility Permits and Franchises to the Design -Builder for the orderly, efficient, and effective relocation of utility facilities for the Project. 4. Design -Builder agrees that WSDOT's temporary assignment of rights and delegation of obligations under the Permits and Franchises will facilitate the orderly, efficient, and effective relocation of utility facilities for the Project. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: In consideration of the orderly, efficient, and effective relocation of utility facilities located within state highway right of way in support of the Project, WSDOT does hereby assign, transfer, and delegate unto Design -Builder the Utility Permits and Franchises identified in Exhibit A, subject to the terms and conditions set forth below. 1. This Assignment includes only those rights and obligations under the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits of the Permit or Franchise, if any) that are necessary or convenient for the Design -Builder to execute the Project. 2. This Assignment includes any amendment to, or replacement of, the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits thereto, if any) issued by WSDOT after the date of execution of this Assignment. 3. This Assignment does not include the right to amend, revoke, cancel, issue or otherwise modify the Permit or Franchise. 4. This Assignment is non-exclusive and WSDOT retains the right to exercise all rights and obligations under the Permit or Franchise. 5. This Assignment shall automatically terminate upon completion of the Project, unless terminated earlier by WSDOT in writing. Docusign Envelope ID: A3F97FC7-2331-821 A-8024-EE585B1 743C0 6. Design -Builder agrees that it shall be solely responsible for any causes of action or claims, if any, that arise between the Design -Builder and the Utility during the term of this Assignment; therefore, Design -Builder, its agents, employees, contractors, successors or assigns, will protect, save and hold harmless WSDOT, its authorized agents and employees, from all claims, actions, costs, damages (both to persons and property), injuries or expenses of any nature whatsoever by reason of the acts or omissions of Design -Builder, its agents, employees, contractors, successors or assigns, arising out of or in connection with Design -Builder's or its agents', employees', contractors', successors', or assigns' acts or omissions related to this Assignment; provided, that if the claims or damages are caused by or result from the concurrent acts or omissions of (a) WSDOT's authorized agents or employees and (b) Design -Builder, its agents, employees, contractors, successors or assigns, this indemnity provision shall be valid and enforceable only to the extent of the acts or omissions of Design -Builder, its agents, employees, contractors, successors or assigns. This provision shall survive the termination of this Assignment. 7. The Design -Builder shall not assign or transfer the rights or obligations granted in this Assignment in any manner whatsoever, unless WSDOT consents thereto in writing. 8. WSDOT shall provide a copy of this Assignment to the Utility after it is executed by WSDOT and Design -Builder. 9. The Design -Builder shall exercise its rights and obligations granted in this Assignment in a reasonable and prudent manner. Design -Builder hereby accepts the rights and assumes the obligations from WSDOT as set forth above. sri-✓ D I3rl Title: Area Manager WSDOT hereby assigns the rights and delegates the obligations as set forth above to Design -Builder. T wk:L ?�'lcfuiu Title: Olympic Region Utility Manager Dated: 2/20/2024 Dated: 2/26/2024 2 Docusign Envelope ID: A3F97FC7-2331-821 A-8024-EE585B1 743C0 WSDOT ROW EXISTING 2" AIR/VACUUM VALVE 220 210 20+89.50 - INSTALL 16" BUTTERFLY VALVE - CONNECT TO EXISTING 16" WATER MAIN 200 EXISTING 16" DI WATER �21+33.04 190 21+34.50 TOP=179.50 180 IE=178.17 2 22'/ ELBOW WITH THRUST BLOCK AND RESTRAINED JOINT 170 - 21+44.50 2" '4. BLOW OFF 160 20+00 21+00 - 20+98.87 22' ELBOW EXISTING GRADE 220 FINISHED RADE 2:1 LOPE MOT GRAD 7 210 1:5:1 SLOP 23+08.00 RE lOVE EXISTING - INSTALL 16" BUTTERFLY VALVE 20EXISTING016" WATER MAIN 21+85.35 187.68 190 185.44 = EXISTING 16" DI WATER 180 22+73.50 - EXISTING CASING 21+85.50 - 170 ,SSEMB Y CONNECT TO EXISTING 1G' WATER MAIN 22 LF E TENSION 30" ST L CASING 160 22+00 23+00 24+00 PROFILE 21+79.50 REMOVE EXISTING 16" WATER MAIN BEND GENERAL NOTES 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH ALL CURRENTLY ADOPTED WSDOT AND APWA SPECIFICATIONS AND PLANS, AND THE CITY OF PORT ORCHARD MUNICIPAL CODE. 2. THE DESIGN ELEMENTS WITHIN THESE PLANS HAVE BEEN REVIEWED ACCORDING TO THE PORT ORCHARD DESIGN STANDARDS. SOME ELEMENTS MAY HAVE BEEN OVERLOOKED OR MISSED BY THE CITY OF PORT ORCHARD CITY ENGINEER. ANY DEVIATION FROM ADOPTED STANDARDS IS NOT ALLOWED UNLESS SPECIFICALLY APPROVED BY THE CITY OF PORT ORCHARD CITY ENGINEER, PRIOR TO CONSTRUCTION. 3. WATER MAINS 16 INCHES IN DIAMETER AND SMALLER MUST BE IN ACCORDANCE WITH THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE , AND MUNICIPAL CONSTRUCTION DEVELOPED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT), SPECIFICALLY SECTION 7-09 WATER MAINS. ANY DEVIATION FROM THESE STANDARD SPECIFICATIONS WILL BE CLEARLY NOTED IN THESE STANDARDS. 4. ALL NEW LINES MUST BE PRESSURE TESTED AND DISINFECTED PRIOR TO CONNECTING TO THE EXISTING WATER MAIN. ONLY CITY REPRESENTATIVES ARE ALLOWED TO OPERATE EXISTING AND NEW TIE IN VALVES. 5. MAINTAIN MINIMUM COVER OF 4 FT OVER WATER LINE. DEPTH OF COVER IN EXCESS OF 7 -FEET REQUIRES CITY APPROVAL. 6. PIPE BEDDING, TAPPING, CONCRETE THRUST BLOCKS, TIE BACKS, AND RESTORATION PER COPO STANDARD DRAWINGS 801, 802, 803-A, AND 803-B. 7. BLOW OFF '.'ALVE INSTALLED PER COPO DRAW1 - LOCATE WIRE INSTALLED WITH I EGENfl LENGTH OF PROJECT. BUTTERFLY VALVE VALVE ATTACH UPDATE -w -w WATERLINE DRAWING EXISTING CONTOUR PROPOSED CONTOUR 45 ALIGNMENT & STATION RIGHT OF WAY EXISTING EDGE OF PAVEMENT PROPOSED EDGE OF PAVEMENT - OP OVERHEAD UTILITY 0 50 100 SCALE IN FEET FILE NAME Z:\2400001-2409999\2400142 Gorst Vicinity\CADD\Design\XL6547_BP-WA.dgn DATE P.E.STAMP BOX Washington State Department of Transportation GORST VINICITY REMOVE FISH BARRIERS OLNEY CREEK TIME 6:26:49 PM REGION ND. STATE FED.AID PROJ.NO. PLAN REF NO WA 1 DATE 3/6/2026 10 was ----------- @KI@Wlt PLOTTED BY CharitiZ DESIGNED BY JOB NUMBER XL6547 SHEET xx OF SXXS ENTERED BY CHECKED BY CONTRACT NO. XXXXXX LOCATION NO. PROJ. ENGR. UTILITY PLAN AND PROFILE REGIONAL ADM. REVISION DATE BY Docusign Envelope ID: A3F97FC7-2331-821 A-8024-EE585B1 743C0 James.Robinson From: Chariti Zlateff <Chariti.Zlateff@kpff.com> Sent: Tuesday, March 10, 2026 4:41 PM To: Scott Wolf Cc: James.Robinson; Patrick.Sloan-PTR; Trevor.Lighty-PTR; Tim.Knighton-PTR Subject: [External]Gorst Meeting - Site D - Waterline Plan Attachments: XL6547_BP-WA_notes.pdf Follow Up Flag: Follow up Flag Status: Flagged Gorst Meeting — Notes — March 10, 2026 • Pressure Test — 250 PSI for an hour o City of Port Orchard, Chapter 8 — Design Standards for Water Extensions ■ 20. Water Main Inspection and Testing • System Appurtenances — COPO Drawing 880 - Alter o Do not drill hole is 90 ■ REMOVE drill hole direction o ADD LOCATE WIRE o Attach altered drawing to plan to use for this installation • ADD LOCATE WIRE Along top of installed PIPE for project • Sand - Casing material o City of Port Orchard, Chapter 8 — Design Standards for Water Extensions ■ D. Special Construction (Pipeline Casing) ■ 9. Sand Unless specifically required by the City Engineer, sand shall not be used in a casing for filling between the casing and carrier pipe. In those instances where the City Engineer does require sand, it shall be clean and 90-100 percent will pass the No. 4 sieve. Not more than 5 percent will pass the No. 200 sieve. Sand shall be free from clay and organic material. Please see the attached notes updated on the plan. Let me know if you have any questions Thank you, Chariti Chariti Zlateff, PE kpffCivil Engineer, PE (ID, WA and NV) O 986.860.8452 Cell 509.434.4042 509 West Hanley Avenue, Suite 203 Coeur d'Alene, ID 83815 1