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04/24/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda April 24, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance EXECUTIVE SESSION: 15-minute Pursuant to RCW 42.30.110(1)(i) regarding potential litigation, with possible action. 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks and Payroll B. Approval of the April 10, 2018 Council Meeting Minutes Page 3 C. Adoption of a Resolution Supporting the 2019-2022 Funding Cycle Application Process for the Bay Street Pedestrian Pathway West Situational Study (Dorsey) Page 11 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2017-2018 Biennial Budget (Crocker) Page 25 B. Adoption of an Ordinance to Establish Electrical Charging Stations (Crocker) Page 33 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 7.04.021 Nuisance Feeding Prohibition and Establishing an Effective Date (Dorsey) Page 37 D. Adoption of a Resolution Adopting the Final Plat of Andasio Village and Termination of Development Agreement (DA-001-14) (Bond) Page 45 E. Adoption of a Resolution Approving a Contract with Neptune Marine LLC for the Bay Street Pedestrian Pathway Segment No. 3 Construction and Documenting Procurement Procedures (Dorsey) Page 177 F. Approval of Change Order No. 1 to Contact No. 037-17 Active Construction, Inc. for the Tremont Street Widening Project (Dorsey) Page 185 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Debbie Hunt Court Administrator Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. April 24, 2018, Meeting Agenda Page 2 of 2 G. Approval of a Contract with PSE for Master Lighting Services (Dorsey) Page 189 H. Approval of Change Order No. 4 to Contract No. 021-17 with Transpo Group USA, Inc. for the 2017- 2018 Anderson Hill/Old Clifton Road Roundabout 100% PS&E (Dorsey) Page 197 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Will be held earlier in the meeting. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance April 24, 2018; 5:15pm City Hall Economic Development and Tourism May 14, 2018; 9:00am City Hall Utilities May 21, 2018; 9:30am City Hall Sewer Advisory July 18, 2018; 6:30pm SKWRF* Land Use May 7, 2018; 7:30am DCD** Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights May 21, 2018; 3:30pm City Hall Council Retreat May 18, 2018; 9:00am Puerta Vallarta*** Outside Agency Committees Varies Varies * South Kitsap Water Reclamation Facility, 1165 Beach Drive East, Port Orchard **DCD, Department of Community Development, 720 Prospect Street, Port Orchard ***1599 SE Lund Avenue, Port Orchard CITY COUNCIL GOOD OF THE ORDER City of Port Orchard Council Meeting Minutes Regular Meeting of April 10, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, HR Coordinator Howard, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. PLEDGE OF ALLEGIANCE Ricky, Pack 4528 led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to add a Discussion Item for 7H for a Discussion on Birds on the Waterfront. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS Karyn Moni, Theresa Donnelly, Kim Siebens, Margi Moore, Gerry Harmon, Donna Hixson, Tina Makins, Elizabeth Droan, Deana Castle, and Diane spoke to the proposed ordinance banning the retail sale of puppies and kittens, provided information on animal breeding and training, USDA rules, and issues that could arise from purchasing an animal from a puppy mill. Page 3 of 202 Adam Perkins does not mind being able to go into a pet store and buy a dog or cat as he believes it is his responsibility as a consumer to know what he is getting into. The Council should not be able to determine where we buy a dog. 4. CONSENT AGENDA A. Approval of Check Nos. 74043 through 74151 totaling $428,016.48; March Electronic Payment Dates 3/1/2018 through 3/31/2018 totaling $41,714.40; and Bi-Weekly Payroll including Check Nos. 147912 through 147917 totaling $289,417.56. B. Approval of the March 27, 2018, Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve the consent agenda. The motion carried. 5. PRESENTATION A. Review of Biennial Budget Finance Director Crocker gave an overview presentation of the City’s current budget. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of a Resolution Approving Medical Benefits for Non-Union Represented Executive Exempt and Non-Exempt Employees MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a Resolution to approve the employee medical benefits for non-union represented Executive Exempt and nonexempt employees to match the medical benefits reflected in the union contracts. The motion carried. (Resolution No. 019-18) B. Adoption of a Resolution Approving the Job Description and Salary Scale for the Public Works Utilities/Facilities Operations Manager MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a Resolution, thereby approving a new Job Description and Salary Scale, starting at the Year-1 Level, reflecting the Page 4 of 202 Public Works Utilities/Facilities Operations Manager position within Public Works/Engineering Department. The motion carried. (Resolution No. 015-18) C. Adoption of a Resolution Approving a Contract with Neptune Marine LLC for the McCormick Village Park Phase 2 Project and Documenting Procurement Procedures MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $1,321,031.82 (applicable taxes included) for the 2018-2019 McCormick Village Park – Phase 2 Construction Project. The motion carried. (Resolution No. 011-18) D. Adoption of a Resolution Approving a Contract with JMG Constructors, LLC for the Well No. 9 Water Quality Retrofit Project and Documenting Procurement Procedures MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt a resolution, thereby approving a Contract with JMG Constructors, LLC in an amount not to exceed $1,838,252.30 (taxes included) for the 2018-2019 Well No. 9 Water Quality Retrofit Project. The motion carried. (Resolution No. 009-18) E. Approval of the March 20, 2018, Council Work Study Session Minutes MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve the work study minutes from the meeting of March 20th as presented. The motion passed. Councilmembers Diener and Clauson abstained. F. Discussion: Ban on Retail Sales of Puppies and Kittens from Mill Breeders Development Director Bond stated the City has been made aware of puppies and kittens sold at pet shops come from large scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for. The cities of Bremerton, Bainbridge Island and Poulsbo have recently passed ordinances prohibiting the retail sale of dogs and cats other than those sourced from animal welfare organizations. Port Orchard received a request to pass an ordinance prohibiting the sale of animals bred in puppy and kitten mills. There are currently no stores in Port Orchard that sell puppies or kittens from mills. Page 5 of 202 At the direction of the Land Use Committee, the City Attorney drafted an ordinance similar to those adopted by Bremerton, Poulsbo, and Bainbridge Island for consideration. The draft ordinance was reviewed at the March 20 Council work-study meeting. At the work-study meeting, Council Members requested several revisions to the proposed language, and the City Attorney prepared a replacement ordinance. The changes would remove the requirements that pet stores offer for sale only pets that have been sourced from animal welfare organizations, that puppies and kittens for sale be at least eight weeks old, and that pet stores shall maintain records on the source of animals sold at the store. Instead, the replacement ordinance simply prohibits the sale of puppies and kittens supplied by puppy or kitten mills, as defined therein. Councilmembers discussed the ordinance and the proposed changes, noting they support banning the sale of puppies and kittens from puppy mills, but question the wording in the ordinance. MAIN MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt the changes [redline replacement ordinance 3/22/2018] in language with the following amendments and that would be striking definition of mills 18 and on 8 on page 114 that we change the language to read pet shops can only offer for sale dogs or cats that have been obtained from our cooperation with an official animal control authority. AMENDED MOTION: By Councilmember Chang, seconded by Councilmember Diener, to replace 8 with a pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with an animal shelter or an animal rescue league. A pet shop shall not offer for sale a dog or cat that is younger than 8 weeks old. Public Works Director Dorsey said it might be best to bring forward a red-line version at a work study instead of discussing and adopting tonight in case there is contradictory language. The amended motion passed. Councilmembers Ashby and Rosapepe voted no. Council and staff continued discussion on the proposed ordinance and the next steps staff and Council need to take. MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to continue tonight’s discussion, with direction provided to staff, to April 24th. Council discussed the motion. CALL FOR THE QUESTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi. The call for question carried. Page 6 of 202 Motion to continue to date certain failed. Councilmembers Ashby, Rosapepe, Cucciardi, Lucarelli, and Clauson voted no. The main motion failed unanimously. Councilmember Ashby would prefer this come back to a work study session. Council Direction: Staff was directed to bring a revised Ordinance to next week’s work study session [April 17, 2018]. G. Discussion: Council Retreat Agenda and Overview of Proposed Visioning Session Mayor Putaansuu briefly discussed the council retreat agenda and visioning session. H. Discussion: Birds on the Waterfront Councilmember Clauson said it was brought to his attention, and Council has discussed this before, that problems are occurring due to people feeding the seagulls which is causing a lot of droppings. The City may want to think about installing [not feeding the seagull] signs. Mayor Putaansuu noted an ordinance was drafted up and had been brought before Council. Council Direction: Staff was directed to bring the ordinance back to the April 24th Council meeting. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee is scheduled to meet on April 24th. Councilmember Ashby reported on the April 9th Economic Development and Tourism Committee meeting, and briefly discussed Kitsap Regional Coordinating Council (KRCC). Councilmember Lucarelli reported the Utilities Committee is scheduled to meet April 16th. Sewer Advisory Committee is scheduled to meet April 18th. The Festival of Chimes and Lights Committee is scheduled to meet April 16th. Councilmember Diener reported the Land Use Committee is scheduled to meet May 7th. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • PSRC (Puget Sound Regional Council) Annual Meeting; • AWC Annual Conference; Page 7 of 202 • Kitsap Street mixed use; • Bylaw changes for [Kitsap] Transit and Mayor’s alternate on the board; MOTION: By Councilmember Ashby, seconded by Councilmember Diener, that Councilmember Jay Rosapepe will be your alternate on Kitsap Transit. The motion passed. Councilmember Clauson abstained. • Community service day has been rescheduled to April 14th; • Brokers price opinion on 640 Bay Street and Frederick right-of-way; • MASA Pizza’s request to vend at 640 Bay Street; and • Proposed Town Hall meeting on May 29th to discuss single use plastic bags. 10. REPORT OF DEPARTMENT HEADS Finance Director Crocker reported the Finance Committee is scheduled to meet at 5:15pm on April 24th. Community Development Director Bond reported on a Ruckelshaus workshop he attended on behalf of the City. In response to Councilmember Chang, Mayor Putaansuu mentioned we will look into why the chimes are not ringing. 11. CITIZENS COMMENTS Margi Moore noted this legislation is not to target any one local business. It is all about the animal welfare. Gerry Harmon said the herons are perching in the trees between her house and the 800 block and it is causing issues due to their droppings. 12. EXECUTIVE SESSION At 9:03 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session to discuss a litigation matter pursuant to RCW 42.30.110(1)(i). City Attorney Cates, Public Works Director Dorsey, Public Works Utilities/Facilities Operations Manager Hunter, Finance Director Bond, and Community Development Director Bond were invited to attend. At 9:23 p.m., Mayor Putaansuu reconvened Council back into regular session. Page 8 of 202 13. ADJOURNMENT The meeting adjourned at 9:23 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 202 This Page Intentionally Left Blank Page 10 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____ Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: April 24, 2018 Subject: Adoption of a Resolution Supporting the Prepared by: Mark Dorsey, P.E. 2019-2022 Funding Cycle Application Public Works Director Process for the Bay Street Pedestrian Atty Routing No.: NA Pathway West Situational Study Atty Review Date: NA Summary: This Resolution declares the City’s intent to finance the Bay Street Pedestrian Pathway West Situational Study 1) through the acceptance of grants and 2) by providing budget authority within the City’s 2021/2022 Biennial Budget for the required 13.5% match. The City, acting through its Public Works Department, will seek $490,000.00 in FHWA grant funding by submitting a Countywide Funding Application with the Kitsap Regional Coordinating Council in 2018. The required 13.5% funding match will be $76,474.00. Please note, the proposed Situation Study will be a Planning Phase activity and does not commit the City to the completion of a Project. Recommendation: Staff recommends that the City Council adopt a Resolution, thereby supporting the 2019-2022 Federal Funding Cycle Application Process for the Bay Street Pedestrian Pathway West Situational Study, as a requirement to obtain grant funding for a fully funded Planning Phase activity. Relationship to Comprehensive Plan: To be added to the 2018 Comprehensive Plan Update and the 2018 6-year Transportation Improvement Plan Update. Motion for Consideration: I move to adopt a Resolution, thereby supporting the 2019-2022 Federal Funding Cycle Application Process for the Bay Street Pedestrian Pathway West Situational Study, as a requirement to obtain grant funding for a fully funded Planning Phase activity. Fiscal Impact: Commitment to financially constrain $76,474.00 within the 2021/2022 Biennial Budget. Alternatives: Do not seek FHWA funding. Attachments: Resolution, PSRC Screening Form and BSPP West Situational Study Presentation. Page 11 of 202 This Page Intentionally Left Blank Page 12 of 202 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE 2019-2022 FEDERAL FUNDING CYCLE APPLICATION PROCESS (KRCC COUNTYWIDE COMPETITION) FOR THE BAY STREET PEDESTRIAN PATHWAY WEST SITUATIONAL STUDY. WHEREAS, on April 2, 2009, the Kitsap Regional Coordinating Council (KRCC) requested that Project Sponsors provide financial support documentation as part of the Federal Funding Cycle application process; and WHEREAS, for the 2019-2022 Federal Funding Cycle, with applications prepared and submitted in 2018, the City of Port Orchard Public Works Department will be submitting a Countywide Funding Application with KRCC for the Bay Street Pedestrian Pathway West Situational Study (“Study”), whereby a 13.5% funding match is required; and WHEREAS, it is the intent of the City to exercise its constitutional and statutory authority to provide the required 13.5% funding match for the Study; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council fully supports the 2019-2022 Federal Funding Cycle application process for the Bay Street Pedestrian Pathway West Situational Study, with the intent to finance the Study within the 2021-2022 Biennial Budget through the acceptance of grants and by providing budget authority for the required 13.5% match. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of April, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 13 of 202 PSRC Screening form Project Title:Bay Street Pedestrian Pathway West Situational Study Competition Kitsap Countywide Status submitted Submitted:March 16th, 2018 1:13 PM Accepted:N/A Introduction Please identify the competition to which you plan to apply for funding for this project. Kitsap Countywide Comments from PSRC TBD General project information Project Title Bay Street Pedestrian Pathway West Situational Study Comments from PSRC TBD Regional Transportation Plan ID N.A. Comments from PSRC TBD Sponsoring Agency Port Orchard Comments from PSRC TBD Cosponsors Port of Bremerton Comments from PSRC TBD Does the sponsoring agency have "Certification Acceptance" status from WSDOT? No Comments from PSRC TBD If not, which agency will serve as your CA sponsor? 1 of 6 Page 14 of 202 WSDOT Highways and Local Programs Comments from PSRC TBD Contact information Contact name Mark R. Dorsey, P.E. Contact email mdorsey@cityofportorchard.us Contact phone 360.876.4991 Comments from PSRC TBD Project Description & Location Project Description The Bay Street Pedestrian Pathway 'West' Situational Study is a 1.5-mile long investigation of the feasibility of connecting the current westerly terminus of the Bay Street Pedestrian Pathway Project (Downtown Kitsap Transit Foot Ferry Terminal at Sidney Avenue) with the current easterly terminus of the Tremont Street Widening Project (Intersection of Tremont Street and Port Orchard Boulevard) with the combination of a Multi-Modal Pathway and a Complete Street. The proposed alignment of the Bay Street Pedestrian Pathway 'West' Situational Study will run along the shoreline of Sinclair Inlet where feasible with a multi-modal pathway, cross SR 166/Bay Street to Port Orchard Boulevard and then continue up the Boulevard via Complete Street reconstruction to the terminus at Tremont Street. The Study will connect the Port Orchard Government/Civic Local Centers District with the Tremont Corridor Local Centers District. Comments from PSRC TBD Project Location See Project Description Please identify the county(ies) in which the project is located. Kitsap Please identify the crossroad, milepost or landmark nearest the beginning and end of the project below. Enter 'N/A' if not applicable. Kitsap Transit Downtown Terminal Crossroad or milepost end PO Blvd/Tremont St. Comments from PSRC TBD 2 of 6 Page 15 of 202 Federal Functional Classification Functional class name 17 Urban Collector Comments from PSRC TBD Bicycle and Pedestrian Accommodations Does the project include bicycle and/or pedestrian features and/or paved shoulders? Yes If yes, please select one or more of the classifications below that best reflects the scope of the project. Shared-Use Path, Bike Lane, Sidewalk If you indicated above that the project does not include bike or pedestrian features, please explain why, and indicate either: 1) there are existing facilities in the project area that will not be impacted by this project; 2) one or more of the USDOT exceptions criteria above apply; or 3) this is not a new construction or reconstruction project. N/A Comments from PSRC TBD Plan Consistency Is the project specifically identified in a local comprehensive plan? No If yes, please indicate the (1) plan name, (2) relevant section(s), and (3) page number where it can be found. N/A If no, please describe how the project is consistent with the applicable local comprehensive plan, including specific local policies and provisions the project supports. In addition, please describe how the project is consistent with a transit agency plan or state plan, if applicable. Both the Bay Street Pedestrian Pathway and the Tremont Street Widening Project(s) are specifically listed within Chapter 4 (page 4-13) and Chapter 8 (page 8-44) respectively. The SR 166/Port Orchard Blvd. Intersection is listed specifically in Chapter 8 (page 8-44.) The Situational Study interconnects these projects. Comments from PSRC TBD Project Readiness Preliminary Engineering/Design 3 of 6 Page 16 of 202 Comments from PSRC TBD Environmental Documentation What is the level (or anticipated level) of environmental documentation required under the National Environmental Policy Act (NEPA) for this project? Documented Categorical Exclusion (DCE) Has NEPA documentation been approved? No Please provide the date of NEPA approval, or the anticipated date of completion (month and year). 2022 Comments from PSRC TBD Right of Way Row requirement Yes If so, has right of way certification been completed? No If not, what is the estimated ROW certification date (month and year) 2025 Please describe the right of way needs of the project. For the Multi-modal portion of the Study Area, a 20-ft easement will be required from the Port of Bremerton and Kitsap Bank. The remainder of the Study Area will be located with current right-of- way. Comments from PSRC TBD PSRC Funding Request What is the PSRC funding source being requested? STP Has this project received PSRC funds previously? No If yes, please provide the project's PSRC TIP ID N/A Comments from PSRC TBD Amounts Requested Phase Year Amount Planning 2022 $490,000.00 Comments from PSRC TBD 4 of 6 Page 17 of 202 Total Estimated Project Cost and Schedule Planning Funding Source Secured/Unsecured Amount STP Unsecured $490,000.00 Local Reasonably Expected $76,474.00 $566,474.00 Expected year of completion for this phase: 2024 PE Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: ROW Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: Construction Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: Other Funding Source Secured/Unsecured Amount $0.00 Expected year of completion for this phase: Summary Total project cost $566,474.00 Estimated project completion date 12/2024 Comments from PSRC TBD Financial documentation Documents 5 of 6 Page 18 of 202 N/A Please describe the source of all secure or reasonably expected funds identified in the total project cost and schedule. For funds that are reasonably expected, provide an explanation of the procedural steps necessary to be completed in order to secure the funds by the obligation date requested; include a timeline for when these steps will be taken. If the project contains unsecured funds, please describe the plan for fully funding the phase with local or other funds if those funds do not become available by the obligation date. Within the City of Port Orchard's 2021-2022 and 2023-2024 Biennale Budget process, the $76,474.00 local match requirement at 13.5% for this Situational Study will be programmed as a function of the Budget Approval Process, with fund sources from multiple Funding Accounts (Street, Parks, Water/Sewer, Storm, etc.) to be determined. Comments from PSRC TBD 6 of 6 Page 19 of 202 BAY STREET PEDESTRIAN PATHWAY WEST SITUATIONAL STUDY Connecting the Kitsap Transit Downtown Foot Ferry Terminal to the Tremont Street Widening Project Page 20 of 202 BAY STREET PEDESTRIAN PATHWAY PROJECT Begin 14-ft Wide Multi- Modal Pathway at Kitsap Transit Downtown Foot Ferry Terminal, then West to Port Orchard Boulevard Page 21 of 202 Port Orchard Boulevard Add Roundabout(s) at Both the North and the South End of Port Orchard Boulevard, and Reconstruct with 3-Lane Complete Street Page 22 of 202 TREMONT STREET WIDENING PROJECT End Complete Street at Inter-section of Tremont Street and Port Orchard Boulevard Page 23 of 202 QUESTIONS? Page 24 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: April 24, 2018 Subject: Adoption of an Ordinance Amending Prepared by: Noah Crocker the 2017-2018 Biennial Budget Finance Director Atty Routing No.: NA Atty Review Date: NA This Ordinance, amending Ordinance No. 040-16 adopting the 2017 – 2018 Biennial Budgets subsequently amended by Ordinance No. 010-17, Ordinance No. 013-17, Ordinance No. 025-17, Ordinance No. 030-17, and Ordinance No. 045-17. The public may comment on the amendment following its presentation. Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by Budget Amendment. The City passed Ordinance 021-17 issuing $5,865,000 of Limited General Obligation Bonds to provide funds: (i) to pay for a portion of the Tremont Widening Project, including making certain improvements to Tremont Street and related public infrastructure; (ii) to pay for the City’s share of costs of various utility undergrounding projects and other capital projects; and (iii) to pay the costs of issuance and sale of bonds. Ordinance 021-17 section 1(v) defines “projects” as meaning the Tremont Widening Project, including making certain improvements to Tremont Street and related public infrastructure, and other capital purposes, as deemed necessary and advisable by the City. The City also passed Ordinance 025-17 adding revenue from Bond funds in the amount of $5,800,000, for a portion of the Tremont Widening Construction project, in Street Capital Construction Fund No. 304. Bond proceeds have certain expenditure spending requirements and expectations to be exempt from yield restrictions. The City is constructing McCormick Woods Park Phase II and awarded a construction contract of $1,321,031 at the April 10, 2018 Council meeting. The contract award was $365,581 more than those funds budgeted in the 2017-2018 Biennial Budget. The McCormick Woods Park Project is currently funded with Real Estate Excise Taxes, Park Impact Fees, and State RCO grant funds. Page 25 of 202 The McCormick Woods Park Project is included in the City’s Capital Parks plan and is considered a capital purpose and deemed necessary and advisable by the City, making it an eligible project as defined by Ordinance 021-17, and thus is an allowable use of Bond fund proceeds. Tremont Widening Construction Project is in the City’s Transportation Plan and is eligible for Real Estate Excise Tax. In order to accomplish two goals, of meeting bond spending requirements and fully funding the McCormick Woods Park Project, the finance department recommends appropriating bond funds for the McCormick Woods Park Project and appropriating Real Estate Excise Tax Funds for the Tremont Widening project. The Tremont Widening project will continue to be funded at the same level and the bond proceeds will be used to fund and complete the McCormick Woods Park Project. The City wishes to properly allocate Bond funds and debt for the storm drainage portion of the Tremont Widening construction project to the Storm Drainage Utility. The funds will be moved from Street Capital Projects Fund No. 304 to Storm Drainage Utility Fund No. 421, and the expense for the 2018 debt payment will be realigned appropriately. Lastly, the contract for the Well No. 9 project was awarded at the April 10, 2018 Council meeting. The contract is $239,000 more than the amount contemplated in the 2017-2018 biennial budget. A transfer from Cumulative Reserve for Water Sewer Fund No. 403 to Water Sewer Utility Fund No. 401 is needed to accommodate the contract price. The Budget Amendment Ordinance reflects the following: 1. Rescind the appropriation in the 2017-2018 budget, transferring $286,750 from Real Estate Excise Tax Fund No. 109 to Capital Construction Fund No. 302 for the McCormick Woods Park project. 2. $677,331 transferred to Capital Construction Fund No. 302 for McCormick Woods Park project from Bond Proceeds located in Street Capital Construction Fund No. 304 3. $677,331 transferred from Real Estate Excise Tax Fund No. 109 to Street Capital Projects Fund No. 304 for Tremont Widening Project. 4. $2,000,048 is reduced from Street Capital Projects Fund No. to capture the move of construction expenses to Storm Drainage Utility. And to capture debt issuance costs. 5. $2,065,047 is added to the Storm Drainage Utility Fund NO. 421 for Storm drainage construction expenses related to the Tremont Widening Project and for debt issuance costs. 6. $157,815 is reduced from the 2003 Limited Tax GO Refunding Bond Fund No 206 and The Tremont Widening project debt payment is adjusted to reflect the reduction of storm drainage debt. 7. $27,315 is reduced from the City Street fund transfer to 2003 Limited Tax GO Refunding Bond Fund No 206 8. $157,331 is added to the Storm Drainage Utility Fund No. 421 for Tremont Widening Project Debt Payment. Page 26 of 202 9. $239,000 transferred from Cumulative Reserve for Water Sewer Fund No. 403 to Water Sewer Utility Fund No. 401 Recommendation: The Finance Director recommends adoption of Ordinance No. 00X-18 amending the 2017 – 2018 Biennial Budgets as presented. Motion for consideration: I move to adopt an Ordinance, amending the 2017 – 2018 Biennial Budgets for the City of Port Orchard as presented. Fiscal Impact: The 2017 – 2018 Biennial Budget is impacted as follows: (1) Estimated Revenues: a) $157,815 reduction to 2003 Limited Tax GO Refunding Bond Fund No 206 b) $390,581 increase to Capital Construction Fund No. 302 c) $1,322,717 reduction to Street Capital Construction Fund No. 304 d) $239,000 increase to Water Sewer Utility Fund No. 401 e) $2,065,047 increase to Storm Drainage Facility No. 421 (2) Estimated Appropriations: a) $27,315 reduced expense from City Street Fund No. 002 b) $390,581 increased expense from Real Estate Excise Tax Fund No. 109 c) $157,815 reduced expense from 2003 Limited Tax GO Refunding Bond Fund No 206 d) $1,322,717 reduced expense from Capital Construction Fund No. 302 e) $677,331 increased expense from Street Capital Construction Fund No. 304 f) $239,000 increased expense from Water Sewer Utility Fund No. 401 g) $239,000 increased expense from Cumulative Reserve for Water Sewer Fund No. 403 h) $2,065,047 increased expense to Storm Drainage Facility No. 421 Alternatives: This Ordinance recognizes changes to the Budget not known at the time of adoption of the 2017 – 2018 Biennial Budget. Failure to formalize these changes by Ordinance results in a budget not reflective of authorized revenue and expense. The City would be out of compliance with accepted budgeting procedures and subject to an audit finding. Attachments: Ordinance. Page 27 of 202 This Page Intentionally Left Blank Page 28 of 202 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE BIENNIAL BUDGET FOR THE YEARS 2017 – 2018 AS ADOPTED BY ORDINANCE NO. 040-16 TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2017 – 2018 BIENNIAL BUDGET; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2017 – 2018 Biennial Budget in Ordinance No. 040-16 and subsequently amended by Ordinance No. 010-17, Ordinance No. 013-17, Ordinance No. 025-17, Ordinance No. 030-17 and Ordinance No. 045-17; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to make adjustments to accounts and/or Funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2017 – 2018 Biennial Budget, as provided in RCW 35A.33.120; and WHEREAS, the City passed Ordinance No. 021-17 issuing $5,865,000 of Limited General Obligation Bonds to provide funds: (i) to pay for a portion of the Tremont Widening Project, including making certain improvements to Tremont Street and related public infrastructure; (ii) to pay for the City’s share of costs of various utility undergrounding projects and other capital projects; and (iii) to pay the costs of issuance and sale of bonds. Ordinance 021-17 section 1(v) defines “projects” as meaning the Tremont Widening Project, including making certain improvements to Tremont Street and related public infrastructure, and other capital purposes, as deemed necessary and advisable by the City; and WHEREAS, the City also passed Ordinance 025-17 adding revenue from Bond funds in the amount of $5,800,000, for a portion of the Tremont Widening Construction project, in Street Capital Construction Fund No. 304; and WHEREAS, bond proceeds have certain expenditure spending requirements and expectations to be exempt from yield restrictions; and WHEREAS, the City is constructing McCormick Woods Park Phase II and awarded a construction contract of $1,321,031 at the April 10, 2018 Council meeting. The contract award was $365,581 more than those funds budgeted in the 2017-2018 Biennial Budget; and WHEREAS, the McCormick Woods Park Project is currently funded with Real Estate Excise Taxes, Park Impact Fees, and State RCO grant funds; and Page 29 of 202 WHEREAS, the McCormick Woods Park Project is included in the City’s Capital Parks plan and is considered a capital purpose and deemed necessary and advisable by the City, making it an eligible project as defined by Ordinance 021-17, and thus is an allowable use of Bond fund proceeds; and WHEREAS, the Tremont Widening Construction Project is in the City’s Transportation Plan and is eligible for Real Estate Excise Tax; and WHEREAS, in order to accomplish two goals, of meeting bond spending requirements and fully funding the McCormick Woods Park Project, the finance department recommends appropriating bond funds for the McCormick Woods Park Project and appropriating Real Estate Excise Tax Funds for the Tremont Widening project. The Tremont Widening project will continue to be funded at the same level and the bond proceeds will be used to fund and complete the McCormick Woods Park Project; and WHEREAS, the City wishes to properly allocate bond funds and debt for the storm drainage portion of the Tremont Widening construction project to the Storm Drainage Utility. The funds will be moved from Street Capital Projects Fund No. 304 to Storm Drainage Utility Fund No. 421, and the expense for the 2018 debt payment will be realigned appropriately; and WHEREAS, the contract for the Well No. 9 project was awarded at the April 10, 2018 Council meeting. The contract is $239,000 more than the amount contemplated in the 2017- 2018 biennial budget. A transfer from Cumulative Reserve for Water Sewer Fund No. 403 to Water Sewer Utility Fund No. 401 is needed to accommodate the contract price; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2017 – 2018 Biennial Budget is amended to reflect the following: (1) Estimated Revenues: a) $157,815 reduction to 2003 Limited Tax GO Refunding Bond Fund No 206 b) $390,581 increase to Capital Construction Fund No. 302 c) $1,322,717 reduction to Street Capital Construction Fund No. 304 d) $239,000 increase to Water Sewer Utility Fund No. 401 e) $2,065,047 increase to Storm Drainage Facility No. 421 (2) Estimated Appropriations: a) $27,315 reduced expense from City Street Fund No. 002 b) $390,581 increased expense from Real Estate Excise Tax Fund No. 109 c) $157,815 reduced expense from 2003 Limited Tax GO Refunding Bond Fund No 206 d) $390,581 increased expense from Capital Construction Fund No. 302 Page 30 of 202 e) $1,322,717 reduced expense from Street Capital Construction Fund No. 304 f) $239,000 increased expense from Water Sewer Utility Fund No. 401 g) $239,000 increased expense from Cumulative Reserve for Water Sewer Fund No. 403 h) $2,091,878 increased expense to Storm Drainage Facility No. 421+ SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 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 24th day of April 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Sharon Cates, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 31 of 202 This Page Intentionally Left Blank Page 32 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: April 24, 2018 Subject: Adoption of an Ordinance to Establish Prepared by: Noah Crocker Electrical Charging Stations Finance Director Atty Routing No.: 036-18 Atty Review Date: April 16, 2018 Summary: The City installed two level 2 charging stations in 2011. The total project costs were ~ $21,546 with the City contributing $10,646 and ECOtality paying $10,900. The City entered into a service agreement with ECOtality which later was purchased by Blink. The service agreement with the City and Blink has since expired. The equipment is owned by the City and both stations are out of order and in need of repair or replacement. There is minimal up-front cost to purchasing new stations and having them installed. There are additional costs if the city desired to try and recoup revenue from the electric vehicle charging stations. City staff brought forth two options for consideration to the Finance committee. The City evaluated the potential revenue and costs; and found it to not be cost effective to charge fees at these stations due to the ongoing administration and collection costs. The Finance committee reviewed the merits and costs of the two alternatives for these charging stations. The Finance committee recommended the following ordinance be brought forth to the full council for adoption. The Finance Committee recommends replacing the charging stations and providing these stations at no cost to the users for recharging their vehicles. The City finds it is in the best interest of the citizens of Port Orchard to encourage the use of electric vehicles to reduce emissions and provide cleaner air, to promote tourism at shopping in locations where the stations are placed and to follow the example of the State of Washington under RCW 43.01.250. The Finance committee recommended the following Ordinance be brought forth to the full council for adoption. Recommendation: Staff recommend approving the Ordinance as provided. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance authorizing the Mayor to establish plug-in electrical vehicle charging stations on City property for the use of the general public, at no cost to the users thereof. Fiscal Impact: Equipment Cost is $3,800. Page 33 of 202 Alternatives: Do not adopt Ordinance and provide alternative guidance. Attachments: Ordinance. Page 34 of 202 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE 12.20 (“ON-STREET ELECTRIC VEHICLE CHARGING STATIONS”) TO ADOPT PROVISIONS RELATING TO CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS FOR THE USE OF THE GENERAL PUBLIC; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, it is in the interest and to the benefit of the people of the City of Port Orchard to encourage the use of electric vehicles to reduce emissions and provide the public with cleaner air; and WHEREAS, the City desires to promote tourism and supports making electric vehicle charging stations available as an opportunity to encourage shopping within the city; and WHEREAS, it is in the interests of the general public to have available at no-cost, electric vehicle charging stations available for their use on City-owned property; and WHEREAS, the City has evaluated the potential revenue of the use of city-owned electric vehicle charging stations, and finds it to not be cost effective to collect a usage fee at these stations due to the associated collection and administration costs; and WHEREAS, the mayor or their designee may report to the city council, as deemed necessary by the mayor, on the estimated amount of city-purchased electricity consumed by plug- in electrical vehicles if the director of public works determines that the use has a significant cost to the city; and WHEREAS, RCW 43.01.250 authorizes the State of Washington to purchase power at state expense to recharge privately and publicly owned plug-in electrical vehicles at state office locations where the vehicles are used for state business, are commute vehicles, or where the vehicles are at the state location for the purpose of conducting business with the state; and WHEREAS, the City wishes to follow the example of the state with regard to providing this benefit to City employees and the general public for the reasons set forth above; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.20 of the Port Orchard Municipal Code shall be amended to add a new Section 12.20.060 to read as follows: 12.20.060 City-Owned Electric Vehicle Charging Stations; No Usage Fee. The city may establish electric vehicle charging stations on city-owned property for the use of the general public, which shall be owned and maintained by the Page 35 of 202 city. There shall be no usage fee charged by the city to users of city-owned electric vehicle charging stations. The use of such stations must be in compliance with the provisions of Chapter 10.78 POMC. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 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 24th day of April, 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 36 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: April 24, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Mark R. Dorsey, P.E. Orchard Municipal Code Chapter 7.04.021 Public Works Director Nuisance Feeding Prohibition and Establishing Atty Routing No: NA an Effective Date Atty Review Date: NA Summary: On October 17, 2017, and at the direction of the Land Use Committee, the Port Orchard City Council discussed but did not take action on a proposal to establish a Nuisance Feeding Prohibition of Birds on Public Property. On April 10, 2018, upon further discussion and consideration, Staff was directed to move forward with an amendment to the Port Orchard Municipal Code (POMC) and to provide the needed signage to establish a Nuisance Feeding Prohibition of Birds on Public Property. Recommendation: Staff recommends adoption of an Ordinance, thereby updating POMC Chapter 7.04.021, thereby establishing a Nuisance Feeding Prohibition of Birds on Public Property. Relationship to Comprehensive Plan: None Motion for Consideration: I move to adopt an Ordinance, thereby updating POMC Chapter 7.04.021, thereby establishing a Nuisance Feeding Prohibition of Birds on Public Property, with final form approved by the City Attorney. Fiscal Impact: POMC 7.04.170 Violation – Civil Infraction. Except as otherwise provided, any person violating any provisions of this chapter, or who creates, keeps or maintains a nuisance as defined in this chapter is guilty of a civil infraction. The fine for any infraction shall be $40.00 for the first violation, $75.00 for the second infraction committed within one year and $100.00 for the third and subsequent infractions committed within one year. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. Alternatives: Do not adopt and provide further direction to Staff. Attachments: Ordinance with POMC 7.04.021 Redline, Ordinance Final Version and Signage Template. Page 37 of 202 This Page Intentionally Left Blank Page 38 of 202 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE NUISANCE FEEDING PROHIBITION OF BIRDS ON PUBLIC PROPERTY; AMENDING SECTION 7.04.021 OF THE PORT ORCHARD MUNICIPAL CODE; AUTHORIZING THE POSTING OF SIGNS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, upon recommendation of the Land Use Committee, the Port Orchard City Council discussed the establishment of a prohibition on the feeding of birds on public property as a nuisance; and WHEREAS, the City Council has determined that the feeding of birds on public property is a nuisance that creates health and property hazards, and that it is in the interests of the public to prohibit the feeding of birds on public property; and WHEREAS, the City Council has determined that appropriate signage should be placed to inform the public of the prohibition on the feeding of birds on public property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 7.04.021 of the Port Orchard Municipal Code is hereby amended to read as follows: 7.04.021 Nuisance feeding prohibited. (1) The feeding of any animal, except birds, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to the public health or safety, is hereby declared to be a public nuisance and to be unlawful. SECTION 2. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendment of Section 7.04.021, after passage of this Ordinance, before the Effective Date. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 4. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. Page 39 of 202 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 24th day of April, 2018 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember Page 40 of 202 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE NUISANCE FEEDING PROHIBITION OF BIRDS ON PUBLIC PROPERTY; AMENDING SECTION 7.04.021 OF THE PORT ORCHARD MUNICIPAL CODE; AUTHORIZING THE POSTING OF SIGNS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, upon recommendation of the Land Use Committee, the Port Orchard City Council discussed the establishment of a prohibition on the feeding of birds on public property as a nuisance; and WHEREAS, the City Council has determined that the feeding of birds on public property is a nuisance that creates health and property hazards, and that it is in the interests of the public to prohibit the feeding of birds on public property; and WHEREAS, the City Council has determined that appropriate signage should be placed to inform the public of the prohibition on the feeding of birds on public property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 7.04.021 of the Port Orchard Municipal Code is hereby amended to read as follows: 7.04.021 Nuisance feeding prohibited. (1) The feeding of any animal, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to the public health or safety, is hereby declared to be a public nuisance and to be unlawful. SECTION 2. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendment of Section 7.04.021, after passage of this Ordinance, before the Effective Date. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 4. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. Page 41 of 202 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 24th day of April, 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: _____ Brandy Rinearson, MMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 42 of 202 Page 43 of 202 This Page Intentionally Left Blank Page 44 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: April 24, 2018 Subject: Adoption of a Resolution Adopting the Prepared by: Nick Bond, AICP Final Plat of Andasio Village, and DCD Director Termination of Development Agreement Atty Routing No.: NA (DA-001-14) Atty Review Date: NA Summary: and the Preliminary Plat known as Andasio Village was granted approval with conditions by the Kitsap County Hearing Examiner on January 30, 2007. A SEPA Mitigated Determination of Non-Significance was issued on October 9, 2006. The City of Port Orchard annexed the property known as Andasio Village on April 12, 2012 recognizing previous approvals of Kitsap County. The City of Port Orchard reviewed and approved a minor plat amendment to Andasio Village on March 25, 2015 after issuing an addendum to the previous SEPA determination on December 31, 2014. The City of Port Orchard and the property owner entered into a Development Agreement (DA-001-14) modifying some previous Kitsap County Hearing Examiner Decision Conditions of Approval and requiring certain off-site improvements on April 9, 2015. The Andasio Village subdivision creates 64 single-family residential lots and three tracts. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage improvements, and satisfied the preliminary plat conditions of approval and the conditions of the Development Agreement. Streets within this final plat are for public use and will be accepted into the City’s road system. Recommendation: Staff recommends that the City Council adopt a resolution granting approval of the final plat of Andasio Village, and termination of Development Agreement DA-001-14. Relationship to Comprehensive Plan: Not applicable. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Andasio Village and termination of Development Agreement DA-001-14. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, DCD Approval Letter, PW Approval Letter, SKFR Approval Letter, Preliminary Plat SEPA MDNS, Kitsap County Hearing Examiner Decision, SEPA Addendum for Preliminary Plat Amendment, Preliminary Plat Amendment Decision, Development Agreement (DA-001-14), Performance Bond for Play Area Equipment, Performance Bond for street trees, Maintenance Bond for landscaping and Play Area Equipment, Civil On-site Maintenance Bond, and Civil Off-site Maintenance Bond and Bill of Sale. Page 45 of 202 This Page Intentionally Left Blank Page 46 of 202 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 64-LOT AND THREE TRACT PLAT KNOWN AS ANDASIO VILLAGE, TERMINATING DEVELOPMENT AGREEMENT (DA-001-14), ACCEPTING A BILL OF SALE FOR DEDICATIONS TO THE CITY, AND AUTHORIZING THE MAYOR TO SIGN BOND AND CASH SET-ASIDE AGREEMENTS FOR PERFORMANCE, MAINTENANCE, AND LANDSCAPING. WHEREAS, on January 30, 2007, the Kitsap County Hearing Examiner approved the preliminary plat for a subdivision known as Andasio Village; and WHEREAS, on October 9, 2006, Kitsap County issued a SEPA Mitigated Determination of Non-Significance for the Andasio Village Development; and WHEREAS, on April 12, 2012, the City of Port Orchard annexed the property known as Andasio Village; and WHEREAS, on December 31, 2014, the City of Port Orchard issued an addendum to the October 9, 2006 SEPA Mitigated Determination of Non-Significance for the Andasio Village development; and WHEREAS, on March 25, 2015, the City of Port Orchard approved a minor amendment to the preliminary plat of Andasio Village; and WHEREAS, on April 9, 2015, the City of Port Orchard and property owner entered into a Development Agreement for the Andasio Village development and certain off-site improvements; and WHEREAS, on January 26, 2017 an application was submitted for the final plat of the Andasio Village preliminary plat, for the subdivision of 64 lots, three tracts, and public right-of- way; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the City Council finds that the Andasio Village plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and Page 47 of 202 WHEREAS, the City Council finds that Andasio Village conforms to the applicable zoning requirements and Port Orchard’s Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council approves the final plat for Andasio Village, as illustrated and as legally described in Exhibit A, attached hereto; and FURTHER THAT: The Andasio Village subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision; and that the terms and conditions of the Development Agreement (DA-001-14) have been fully satisfied and DA-001-14 is terminated upon recordation of the Final Plat for Andasio Village; and, FURTHER THAT: The Mayor or his designee is hereby authorized to execute the bill of sale, performance and maintenance bonds, and cash set aside agreements related to the Andasio Village subdivision. 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 April, 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk Page 48 of 202 Page 49 of 202 Page 50 of 202 Page 51 of 202 Page 52 of 202 Page 53 of 202 Page 54 of 202 Page 55 of 202 City Council March 28, 2018 City of Port Orchard 216 Prospect Street Port Orchard WA 98366 RE: Recommendation of Approval of Final Plat for Andasio Village Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the Kitsap County Hearing Examiner decision and conditions. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of South Kitsap Fire and Rescue. I therefore recommend approval of the final plat. Sincerely, Brad Wiggins Deputy Fire Marshal South Kitsap Fire and Rescue Page 56 of 202 Page 57 of 202 Page 58 of 202 Page 59 of 202 Page 60 of 202 Page 61 of 202 Page 62 of 202 Page 63 of 202 Page 64 of 202 Page 65 of 202 Page 66 of 202 Page 67 of 202 Page 68 of 202 Page 69 of 202 Page 70 of 202 Page 71 of 202 Page 72 of 202 Page 73 of 202 Page 74 of 202 Page 75 of 202 Page 76 of 202 Page 77 of 202 Page 78 of 202 Page 79 of 202 Page 80 of 202 Page 81 of 202 Page 82 of 202 Page 83 of 202 Page 84 of 202 Page 85 of 202 Page 86 of 202 Page 87 of 202 Page 88 of 202 Page 89 of 202 Page 90 of 202 Page 91 of 202 Page 92 of 202 Page 93 of 202 Page 94 of 202 Page 95 of 202 Page 96 of 202 Page 97 of 202 Page 98 of 202 Page 99 of 202 Page 100 of 202 Page 101 of 202 Page 102 of 202 Page 103 of 202 Page 104 of 202 Page 105 of 202 Page 106 of 202 Page 107 of 202 Page 108 of 202 Page 109 of 202 Page 110 of 202 Page 111 of 202 Page 112 of 202 Page 113 of 202 Page 114 of 202 Page 115 of 202 Page 116 of 202 Page 117 of 202 Page 118 of 202 Page 119 of 202 Page 120 of 202 Page 121 of 202 Page 122 of 202 Page 123 of 202 Page 124 of 202 Page 125 of 202 Page 126 of 202 Page 127 of 202 Page 128 of 202 Page 129 of 202 Page 130 of 202 Page 131 of 202 Page 132 of 202 CITY OF PORT ORCHARI) PERFORMANCE BOND Name of Project Andasio Villase Proj ect Location 1369 SE Blueberry Road, Port Orchard, WA 98366 ProjeclAppl ication # PW15-00003 (CO46-15) Performance Bond Amount {27 026 55 Bond # P800499800057 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to Oakridqe Homes ll Ltd (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated Andasio Villaoe , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal,and Philadelphia lndemnity lnsurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Pennsvlvania duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Twenty-seven thousand twenty-six and 55/100 Dollars 27,026.55 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or 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 said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, tems, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, 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 their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their ofhcers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: Twenty-two thousand five hundred twe nty-two 13/100 Dollars 22,522.13 l25yo Total Contract Amount. This hold harmless and indemnifrcation agreement shall survive the expiration of this bond. Page 1 of2 Page 133 of 202 And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 12th day of April 2018 Oakridge Homes ll Ltd. President Title ATTEST: (if corporation) Philadelphia lndemnity lnsurance Company Surety By h ¿ûn-n fYØn t f)Signature / Mary S. Norrell Printed Attornev-in-Fact Title Name and Address of local ofhce/agent of Surety Company is: Propel Insurance 1201 Pacific Ave 1000 Tacoma WA By Acceotedt9 by the City day of this 20 t9 By: Homes ll Ltd. Title Title: Page2 of2 Page 134 of 202 209 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthe Commonwealth ofPennsylvania, does hereby constitute and appoint Carlev Esoiritu. Christooher Kinvon. Cvnthia L. Jav. Eric A. its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obtigatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $!!¡QQ!¡QQ!QQ RESOLVED:That the Board ofDirectors hereby authorizes the President or any Vice President ofthe Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf ol the Company bonds and undertakings, contracts of indemnity and other writings obtigatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given And, be it FURTHER RESOLVED:That the signatures ofsuch ofïìcers and the seal ofthe Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TII DAY OF OCTOBER,2017. This Power ofAttomey is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Boa¡d ofDirectors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the l4ù of November,2016. t 927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27ù day ofOctober,20l7, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: În (Notary Seal) Bala Cvnwvd. PA Seotember 25. 202 IMy commission expires: I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certi$ that the foregoing resolution of the Board of Directors and this Power ofAttorney issued pursuant thereto on this 2?ù day ofoctober, 2017 are tue and correct and are still in full force and effect. I do further certiry that Robert D. O'Leary Jr, who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 135 of 202 Pacilic Green Landscapes, Inc. P.O. Ilox 4819 Spanarva-v-, WA. 98387 Name - Address londscalc, lnc. Oakriclge I lomes - Anclasio DESCRIPTION , Street Trees: install 58 - 2.5" caltlees insicle plat otr lionres rvhere desiguateclorr Phone# :Fax #E-mail Proposal QTY Ì DATE 3!25i2018 Proposal NO l4-i.1 Totai ló .-iìf i.(!r, i S l6 53lJ ()r) Sl 'lli7.l(, slti.ol7.':(| Dltc Customer Phone Customer E-nlail JOB SITE Årldasio Cost I tì5. (l(r.Íi plan Performance Bond Calculatìon TotalContract $16,530.00 wsst 1,487.70 Total $18,017.70 Sub TotalTh lng Firtancc cltilr-scs rrill uccruc on all accounts orcr il] iJirl,s ar n lalc ttl' 1.59.u. Shoultj rhis n1¿ì(t!'r llt tunle.d olcr trt collcctiotrs the pr.c'r'ailinc _ ,"Ìl_tlt.shull bc arrardctl ils cost artd attontc\, lL'r's. ¡ 2-r3-84.ì-0700 i'i 2 5-ì-8'+i -050(l acct, pucgrcctr'oìglnail.crr¡tr Web Site gopacilìcgrr'cn.corn Signature Sales tax (9.0%) Total I Itlease sign antl return one copl to l)acilìc (ìreen Lirndscl¡les Inc. Page 136 of 202 OAKRIDGE HOMES5401 J2nd Avê NU Ste 100Gig Ho.bor, WA 98¡J5(2$) 63-77s7 ró,: l2sr) 8sr-?er?o7-llri: m M, È+D ¡ È-M.WTEK ENGIilEERINCCONSULNNC C|WL ENGINEffiJS w .ffi f., sum 2æ(s)€e:-s, mtu.roîlscu, r' - ø|o¡n o¡+lslññi---xru-l;** @lr* mo¿ * seeANDASIO VILLAGELANDSCAPE PLAN! oeo0*9gflÈPH ãËË;r*F 4fi '98 aøPãE2FIÞ¡ÞIIIIIÉrãtÉtÊIIII*iIIIk¡;|å'l¡IEIleIIIIIoÐoà3GwttÐ6G]-cTNqlrrlÐÐÐoOREEIg66(:tw6(-jtüt¡,0eG6G6GOOwOOt|G GOOGOGG60 66 0Mm trffiñoil ttw (t tr0F rþfl)RAMSEY ROADo0ilil R/W DE0rC^nil (ffiAY ff^U)0uvwr:,(ltt:wåËåË;tFËiËåååiËiËgåEgËËËågËE'iËI!åå'ã! äËãgËågåãffå EååHgåË:sås:åãås¡l5s3s¡"Ëåffi#ååiåffi*ååffå,HEFÍåF=¡¡Eågg:. 1¡III¡:Iã:rlrËf,r!t5Iq94àð99È*-¡ñãiËrgÉgðs9;6 ç*[I:;alüãas9ÈEIåftF<-.5-ÆPËËåFg$íE3€ ÁHåPage 137 of 202 Page 138 of 202 Page 139 of 202 Page 140 of 202 Page 141 of 202 Page 142 of 202 Page 143 of 202 Page 144 of 202 Page 145 of 202 Page 146 of 202 Page 147 of 202 Page 148 of 202 Page 149 of 202 Page 150 of 202 Page 151 of 202 Page 152 of 202 Page 153 of 202 Page 154 of 202 Page 155 of 202 Page 156 of 202 Page 157 of 202 Page 158 of 202 Page 159 of 202 Page 160 of 202 Page 161 of 202 Page 162 of 202 Page 163 of 202 Page 164 of 202 Page 165 of 202 Page 166 of 202 Page 167 of 202 Page 168 of 202 Page 169 of 202 Page 170 of 202 Page 171 of 202 Page 172 of 202 Page 173 of 202 Page 174 of 202 Page 175 of 202 This Page Intentionally Left Blank Page 176 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7E Meeting Date: April 24, 2018 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Neptune Marine LLC for the Public Works Director Bay Street Pedestrian Pathway Segment Atty Routing No.: N/A No. 3 Construction and Documenting Atty Review Date: N/A Procurement Procedures Summary: On March 30, 2018 and April 6, 2018, the City’s Public Works Department advertised in the Port Orchard Independent, the City’s Webpage and the Daily Journal of Commerce, and uploaded the Bid Documents to the Washington Builder’s Exchange. By the April 16, 2018 Bid Due Date at 2:00 PM, the City received and opened eight (8) Sealed Bids for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction Project as follows (applicable taxes included): Engineers Estimate $400,000.00 Massana, Inc. $549,812.90 Nordland Construction NW, Inc. $530,582.00 Port Madison Ent. Const., Corp. $423,735.60 Neptune Marine LLC $375,947.57 Sound Excavation, Inc. $466,666.00 Sound Pacific Construction, LLC $508,327.00 W.S. Contractors, LLC $512,649.00 Active Construction, Inc. $449,449.00 In general summary, the Sealed Bids received range from the apparent low of $375,947.57 to the apparent high of $549,812.90, with the Engineers Estimate at $400,000.00. Following the completion of the Mandatory Bidder Responsibility Checklist, and upon concurrence with WSDOT H/LP’s, it was determined that Neptune Marine, LLC provided the lowest responsive and qualified Bid Proposal of $375,947.57 for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction Project. Recommendation: Staff recommends that the City Council adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $375,947.57 (applicable taxes included) for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction Project. Relationship to Comprehensive Plan: Project 4 - Chapter 8: Transportation. Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $375,947.57 (applicable taxes included) for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction Project. Page 177 of 202 Fiscal Impact: Funding from Street Capital Projects Fund 304 at $530,000 for both CN ($376K) and CA/CM ($120K.) Alternatives: Do not approve. Attachments: Resolution and Contract. Page 178 of 202 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C023-18 WITH NEPTUNE MARINE LLC FOR THE BAY STREET PEDESTRIAN PATHWAY – SEGMENT #3 CONSTRUCTION PROJECT AND DOCUMENTING THE PROCUREMENT PROCEDURES. WHEREAS, on March 30, 2018 and February 6, 2018, the City’s Public Works Department Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange, with an April 16, 2018 Bid Due Date; and WHEREAS, on April 16, 2018 by the 2:00 PM Bid deadline, the City Clerk received and opened eight (8) Sealed Bids, with Neptune Marine LLC determined initially to be the apparent responsive Low Bid; and WHEREAS, on April 24, 2018, upon completion of the Bidder Responsibility Checklist and concurrence with WSDOT H/LP’s, it was determined that Neptune Marine LLC provided the lowest responsive and qualified Bid Proposal for the Bay Street Pedestrian Pathway – Segment #3 Construction Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. 023-18 with Neptune Marine LLC for the Bay Street Pedestrian Pathway – Segment #3 Construction Project and adopts the “Whereas” statements contained herein, as findings in support of the City’s selection and procurement procedures. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of April, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 179 of 202 Page 180 of 202 Page 181 of 202 Page 182 of 202 Page 183 of 202 Page 184 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____ Agenda Staff Report Agenda Item No. Business Item 7F Meeting Date: April 24, 2018 Subject: Approval of Change Order No. 1 to Contract Prepared by: Mark Dorsey, P.E. Contract No. 037-17 with Active Public Works Director Construction, Inc. for the Tremont Street Atty Routing No.: 034-18 Widening Project Atty Review Date: April 18, 2018 Summary: On June 27, 2017, the Port Orchard City Council approved Contract No. 037-17 with Active Construction, Inc. for the Tremont Street Widening Project. During recent Construction Phase activities, it was determined that the existing 16-inch Diameter Sanitary Sewer Force Main located within Tremont Street, near the S.K. Boulevard intersection, does not currently have adequate cover over the pipe and that the situation would be further exacerbated by the proposed lowering of the road in that location. As the needed Force Main Replacement Work is scheduled for April 30, 2018 in order to maintain the overall Project Schedule, but the Change Order approval process between the Contractor, the City’s CA/CM Team and WSDOT Highways & Local Programs will not occur in time for this Regular Meeting and cannot wait for the May 8, 2018 Regular Meeting, the City’s Public Works Department is requesting authorization for the Mayor Pro Tempore to execute Change Order No. 1 with Active Construction, Inc. in an amount not to exceed $175,000.00 at this time. Once the actual Change Order approval process is complete, a corrected Change Order No. 1 will be brought back to Council for final ratification. Recommendation: Staff recommends approval of Change Order No. 1 with Active Construction, Inc. in an amount not to exceed $175,000.00, with a corrected Change Order No. 1 to be brought back to Council for final ratification. Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation. Motion for Consideration: I move to approve Change Order No. 1 with Active Construction, Inc. in an amount not to exceed $175,000.00, with a corrected Change Order No. 1 to be brought back to Council for final ratification. Fiscal Impact: Funding provided within the approved 2017-2018 Budget for this Project. Alternatives: None. Attachments: Change Order No. 1. Page 185 of 202 This Page Intentionally Left Blank Page 186 of 202 Page 187 of 202 This Page Intentionally Left Blank Page 188 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7G Meeting Date: April 24, 2018 Subject: Approval of a Contract with PSE for Prepared by: Mark R. Dorsey, P.E. Master Lighting Services Public Works Director Atty Routing No: 040-17 Atty Review Date: April 17, 2018 Summary: On April 2, 2018, Puget Sound Energy’s (PSE’s) Contract Management and Legal Team provided the City of Port Orchard a ‘draft’ of Master Lighting Services Agreement No. 23 to more specifically detail the obligations of each party as it relates to Lighting Services within the City. The Agreement was reviewed by the Public Works Department and the City Attorney and determined to be necessary. Please note, this Agreement does not modify or amend the current PSE Franchise Agreement (Ordinance 028-16) or the work being done by staff to clarify bonding uniformity amongst all franchise and/or utility operators within the City of Port Orchard’s Rights-of-Way. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Contract No. C036-18, thereby approving Master Lighting Services Agreement No. 23 with Puget Sound Energy. Relationship to Comprehensive Plan: Section 7.3 Non-City Managed Utilities Motion for Consideration: I move to authorize the Mayor to execute a Contract, thereby approving Master Lighting Services Agreement No. 23 with Puget Sound Energy. Fiscal Impact: N/A Alternatives: N/A Attachments: Contract. Page 189 of 202 This Page Intentionally Left Blank Page 190 of 202 -1- MASTER LIGHTING SERVICES AGREEMENT NO. 23 This Master Lighting Services Agreement (this “Agreement”) is made effective as of 4/2/2018 (the “Effective Date”), by and between Puget Sound Energy, Inc. (“PSE”), and City of Port Orchard (“Customer”) (each a “Party,” and collectively the “Parties”). RECITALS A. PSE is in the business of, among other things, providing custom lighting services (“Lighting Services”) under and pursuant to Schedule 51, Schedule 52, Schedule 53 and/or any other applicable schedule included in PSE’s Electric Tariff G (each, a “Schedule”) on file with the Washington Utilities and Transportation Commission (“WUTC”). B. The Customer desires PSE to provide certain Lighting Services to the Customer as set forth in each Custom Street Lighting Order, substantially in the form attached hereto as Exhibit A to this Agreement, entered into by the Parties from time to time during the term of this Agreement that references this Agreement and is signed by both Parties (each, an “Order”). D. PSE is willing to provide such Lighting Services to the Customer subject to and in accordance with the terms and conditions set forth in this Agreement, in the applicable Order and in the associated Schedule. AGREEMENT The Parties, therefore, agree as follows: Section 1. Lighting Services 1.1 Products and Services. PSE will provide to the Customer the Lighting Services set forth in each Order and the most current version of the Schedule applicable to the Lighting Services covered by such Order (the “Services”). Each Order will describe and identify the Lighting Services and the associated Schedule applicable to the Lighting Services covered by the Order and set forth all materials, information, property and other items provided for, used or incorporated into the Services (collectively, the “Facilities”). Each such Order and associated Schedule are hereby incorporated into and made a part of this Agreement by this reference. 1.2 Performance of Services. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, including the applicable Schedule(s), PSE shall use reasonable efforts to perform the Services. PSE shall perform the Services in accordance with the schedule provided in the applicable Order or associated Schedule with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Services. 1.3 Adjustments to the Services. PSE shall notify the Customer in writing of any reasonably anticipated adjustments to the Services that result from delays in PSE’s performance of the Services caused by the Customer (or its agents, servants, employees, contractors, subcontractors, or representatives), or any conditions beyond PSE’s control. The Parties Page 191 of 202 -2- acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Services. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use reasonable efforts to promptly respond to such requirements. 1.4 Performance by Customer. The Customer shall pay PSE for the Services in accordance with the applicable Order and the associated Schedule. In the event the Customer is unable to perform any of its obligations under this Agreement to PSE’s satisfaction, the Parties shall use reasonable efforts to adjust the Services to allow additional time for the Customer to perform such obligations. If the Parties cannot reasonably agree upon such a schedule adjustment, PSE may, at its option, terminate this Agreement by giving written notice to the Customer, and the Customer shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 1.5. 1.5 Term and Termination. The term of this Agreement will commence on the Effective Date and will end thirty (30) days after the expiration or termination of all Orders entered into by the Parties under this Agreement, unless earlier terminated by mutual written agreement of the Parties. Service under each Order is effective for as long as such Order remains in effect, as specified in the Order and/or in the then-current version of the Schedule applicable to the Lighting Services covered by the Order. The effect of termination of any given Order, including the Parties’ respective responsibilities for the costs of removal or salvage of any Facilities associated with the Services, will be as set forth in the Order or associated Schedule. Section 2. Permits. The Customer shall be solely responsible for any costs related to the acquisition of any and all operating rights, permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval necessary or convenient for the Services (collectively, “Permits”). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Services and all rights of appeal with respect to the Permits shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 3. Easements. The Customer shall be solely responsible for any costs related to the acquisition of any and all easements, right-of-ways, or any other property rights necessary or convenient for the Services (collectively, “Easements”). The Easements shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence performance of the Services, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Easements necessary for the Services and all rights of appeal with respect to the Easements shall have been exhausted. The Customer shall be responsible for performance of and any costs associated with any mitigation required by the Easements. Page 192 of 202 -3- Section 4. Construction Services 4.1 Construction Services. The Customer shall be solely responsible for, or shall reimburse PSE for, all costs and expenses for any construction or installation services necessary to perform the Services as set forth in each Order (“Construction Services”), which may include any restoration costs and/or the removal of excavated materials; costs and expenses to relocate or rebury Facilities if the area is not within grade; costs and expenses for trenching and backfilling of pole holes; costs and expenses associated with any unforeseen soil or pavement conditions that would increase the cost of service; and all costs and expenses associated with any other unforeseen Construction Services that would increase the cost of service. The costs for the Construction Services (“Construction Costs”) shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the costs enumerated in this Section, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 4.2 Payment. The Customer shall pay PSE for the Construction Costs in accordance with the applicable Order. Section 5. Transfer of Assets If the Customer and PSE have agreed that, as part of any Order, the Customer shall transfer certain assets to PSE, Customer shall, contemporaneously with the execution of the applicable Order, duly execute and deliver to PSE a Bill of Sale in form and content as mutually agreed upon between the Parties and, pursuant to the terms of the Bill of Sale, sell, transfer, assign, convey and deliver to PSE all right, title and interest in the assets set forth or otherwise described in the Bill of Sale. Section 6. Disclaimers and Limitation of Liability 6.1 Disclaimer. Without limiting any express obligations PSE has under this Agreement or under the applicable Order or associated Schedule (or other applicable tariff on file with the WUTC), PSE makes no representations or warranties of any kind, express or implied, with respect to the Services or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 6.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Services or this Agreement. Section 7. Miscellaneous 7.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC, including the applicable Schedule(s). In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. Page 193 of 202 -4- 7.2 Survival. Sections 1.5, 4.2, 5, 6 and 7 shall survive any expiration or termination of this Agreement. Except as otherwise provided herein, following expiration or termination of this Agreement neither Party shall have any further obligations arising under this Agreement. 7.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision. 7.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by both Parties. 7.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a “Force Majeure Event”), then that Party’s performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Services or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 7.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 7.7 Notice. Any notice or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person or mailed to the attention of the signatories below. Either Party may change such address or contact by written notice to the other Party. 7.8 Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington without reference to its choice of law provisions. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. Page 194 of 202 -5- PSE: Customer: Puget Sound Energy, Inc. By By Its Its Address: Address: Attn: Attn: ATTEST/AUTHENTICATED: _____________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Sharon Cates, City Attorney Page 195 of 202 This Page Intentionally Left Blank Page 196 of 202 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7H Meeting Date: April 24, 2018 Subject: Approval of Change Order No. 4 to Prepared by: Mark Dorsey, P.E. Contract No. 021-17 with Transpo Group Public Works Director USA, Inc. for the 2017-2018 Anderson Hill/ Atty Routing No.: NA Old Clifton Road Roundabout 100% PS&E Atty Review Date: NA Summary: On February 28, 2017, the Port Orchard City Council approved Contract No. C021-17 for the 2017 100% PS&E Anderson Hill Road SW/SW Old Clifton Road Roundabout Project in the amount not to exceed $49,400.00. On June 27th 2017, Change Order 1 for $5,750.00 was approved by City Council for needed right-of-way acquisitions (staking of clearing limits and arborist review of remaining tree stand) and location-specific storm drainage related geotechnical analysis. On October 17, 2017, Change Order No. 2 for $5,740.00 was approved by City Council for a cultural resources assessment, as needed for a TIB funding application. Change Order 3, approved by the Public Works Director, provided for a time-only extension. Change Order No. 4, upon direction from the City, requests an additional $5,500.00 to provide the additional right-of-way acquisition support (legal descriptions and exhibits) and coordination with the City’s Wetlands Consultant as needed. Relationship to Comprehensive Plan: Project 1.5 – Chapter 8: Transportation. Recommendation: Staff recommends approval of Change Order No. 4 to Contract No. C021-17 with the Transpo Group USA, Inc. in the amount not to exceed $5,500.00, bringing the new Contract Total to $66,390.00. Motion for Consideration: I move to approve Change Order No. 4 to Contract No. C021-17 with the Transpo Group USA, Inc. in the amount not to exceed $5,500.00, bringing the new Contract Total to $66,390.00. Fiscal Impact: $50,000 was allocated within the approved 2017 Budget for this Project. A Budget amendment is needed. Alternatives: Do not approve the Change Order. Attachments: Change Order No. 4, Transpo Group USA, Inc. Revised Proposal (dated 3/29/2018) and Exhibit. Page 197 of 202 This Page Intentionally Left Blank Page 198 of 202 Page 199 of 202 Page 200 of 202 KITSAP COUNTY PORT ORCHARD KITSAP COUNTYPORT ORCHARD30'30'30'30'XXXXXSCALE:0010025501" = 50'SW OLD CLIFTON ROADANDERSON HILL ROAD SWTHE RIDGE AT McCORMICKWOODS DIV. 1VOLUME 32, PAGES 1-19TAX PARCEL #042301-4-026-2006OWNER: McCORMICK COMMUNITIES LLCTAX PARCEL #042301-4-009-2007OWNER: DENNIS R. & MARJORIE L. ELEYTAX PARCEL #5486-000-093OWNER: RIDGE AT McCORMICK WOODSHOMEOWNERS ASSOCIATIONTAX PARCEL #5493-000-055-0007OWNER: RUTHERFORD AT McCORMICK WOODSHOMEOWNERS ASSOCIATIONPROPOSED ROW,TYP.CLEARING LIMIT,TYP.M:\ACAD\PLATS\16\16152\EXHIBITS\16152E01.DWG2018/03/26 16:44EXIST. ROW, TYP.CONSTRUCTIONFENCE AT EDGE OFCLEARING, TYP.FILTER FENCEPROPOSED ROW,TYP.Page 201 of 202 This Page Intentionally Left Blank Page 202 of 202