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05/22/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda May 22, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks and Payroll B. Excusal of Councilmember Cucciardi Due to a Business Obligation 5. PRESENTATION A. West Sound Treatment Center 6. PUBLIC HEARING A. Public Hearing on Interim Ordinance No. 015-18, Concerning Self- Storage Facilities (Bond) Page 3 7. BUSINESS ITEMS A. Adoption of a Resolution Acknowledging and Correcting Past Contract Procurement/Management Policy and Procedure Deficiencies (Dorsey) Page 19 B. Approval of Amendment No. 1 to Contract No. 002-05 with Berger/Abam Engineers, Inc. to Correct Contract Management Deficiencies in Coordination with a Corrective Action Plan (Dorsey) Page 25 C. Approval of Amendment No. 1 to Contract No. 071-09 with NL Olson & Associates to Correct Contract Management Deficiencies in Coordination with a Corrective Action Plan (Dorsey) Page 31 D. Approval of Amendment 1 to Contract No. 069-09 with Universal Field Services to Correct Contract Management Deficiencies in Coordination with a Corrective Action Plan (Dorsey) Page 37 E. Approval of the May 8, 2018, Council Meeting Minutes Page 43 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 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. May 22, 2018, Meeting Agenda Page 2 of 2 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: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance May 29, 2018, 5:15pm City Hall Economic Development and Tourism June 11, 2018; 9:30am City Hall Utilities May 21, 2018; 9:30am City Hall Sewer Advisory July 18, 2018; 6:30pm SKWRF* Land Use June 4, 2018; 9:30am DCD** Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights May 21, 2018, 3:30pm City Hall 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 CITY COUNCIL GOOD OF THE ORDER City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: May 22, 2018 Subject: Public Hearing on Interim Ordinance No. Prepared by: Nicholas Bond, AICP 015-18 Concerning Self-Storage Facilities DCD Director Atty Routing No.: 042-18 Atty Review Date: May 15, 2018 Issue: On April 24, 2018, the City Council adopted an interim zoning ordinance (Ord. 015-18) relating to self- storage facilities, to be in effect for a period of one year. This ordinance amended sections of Chapter 20.46 of the Port Orchard Municipal Code and had the effect of differentiating indoor vs. outdoor self-storage and restricting the geographic areas where self-storage facilities may be constructed. In addition, the ordinance increased restrictions on indoor self-storage as an accessory use to multifamily projects. Ordinance 015-18 was adopted as an emergency measure pursuant to RCW 36.70A.390, which allows an interim zoning ordinance to become effective immediately, and to continue in effect for a period of one year, so long as: (a) the city adopts a work plan for implementation of a permanent code; (b) the ordinance is adopted by a supermajority of the Council; and (c) a public hearing is held on the ordinance within 60 days of its passage. The required hearing on Ordinance 015-18 has been duly noticed by the City to be held on May 22, 2018. At this public hearing, the City Council will take public testimony on interim ordinance 015-18 and may choose to adopt additional findings of fact in addition to those findings already included in ordinance 015-18; however, the Council is not required to adopt any additional findings. City staff has not received any written comments on interim Ordinance 015-18 as of the date this report was written. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council hold a public hearing on the interim zoning ordinance 015-18. Motion for consideration: None required. Fiscal Impact: N/A Alternatives: Council may choose to adopt additional findings or may repeal the interim ordinance. If addition findings are desired, Council will need to provide staff with the desired language or detailed direction to prepare additional language. Attachments: Ordinance 015-18 3 of 47 4 of 47 5 of 47 6 of 47 7 of 47 Ordinance No. 015-18 Page 4 of 4 V -5-1- Scott Diener, Mayor Pro Tempore ATTEST: SPONSOR:, J- Shawn Cucciardi, Councilmemberrson, MMC, City Clerk I! SEAL : I APPROVED AS TO FORM: ^ jbz___, n Cates, City Attorney PUBLISHED: EFFECTIVE DATE: 8 of 47 9 of 47 10 of 47 11 of 47 12 of 47 13 of 47 14 of 47 15 of 47 16 of 47 17 of 47 18 of 47 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: May 22, 2018 Subject: Adoption of a Resolution Acknowledging Prepared by: Mark Dorsey, P.E. and Correcting Past Contract Public Works Director Procurement/Management Policy and Atty Routing No.: N/A Procedure Deficiencies Atty Review Date: N/A Summary: On September 18, 2018, during the Project Management Review (PMR) process performed by WSDOT Highway & Local Programs for the Tremont Street Widening and the Bay Street Pedestrian Pathway Projects, it was discovered that past contract lapses had occurred and that past contract procurement practices did not comply with federal standards, whereby the City immediately began the preparation of a Corrective Action Plan (CAP), as requested by WSDOT. In summary, the CAP involves three primary components as follows; 1) acknowledgement of the City’s recent actions taken pursuant to the FY 2015 Audit, being the adoption of the Standards of Conduct and Written Procedures (Res. No. 086-16) and the City’s official Procurement Policies and Procedures (Res. No. 019-17) which had already addressed most of the issues discovered during the PMR, 2) the preparation of a Memorandum for Contract Management and Procurement (attached) to further clarify the City’s compliance intent, and 3) proposed Amendments to Contracts No. C002-05, C069-09 and C071-09 to correct past contract lapses. Recommendation: Staff recommends adoption of Resolution No. 024-18, thereby acknowledging and correcting past contract procurement and contract management policy and procedure deficiencies for both the Tremont Street Widening and Bay Street Pedestrian Pathway Projects. Relationship to Comprehensive Plan: Chapter 8 – Transportation. Motion for Consideration: I move to adopt Resolution No. 024-18, thereby acknowledging and correcting past contract procurement and contract management policy and procedure deficiencies for both the Tremont Street Widening and Bay Street Pedestrian Pathway Projects. Fiscal Impact: By the preparation of the Corrective Action Plan, it is the City’s desire to avoid having associated federal funds previously reimbursed now deemed ineligible. Alternatives: None. Attachments: Resolution and Memorandum (dated 5/5/2018). 19 of 47 20 of 47 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, BOTH ACKNOWLEDGING AND CORRECTING PAST CONTRACT PROCUREMENT AND CONTRACT MANAGEMENT POLICY AND PROCEDURE DEFICIENCIES. WHEREAS, on December 20, 2016, pursuant to the results of the FY 2015 Audit, the Port Orchard City Council adopted Resolution No. 086-16 (Standards of Conduct and Written Procedures), thereby acknowledging the City’s need to update previously written contract procurement policies and procedures, including policies where federal funding rules are applicable, and describing the methods and procedures to be followed moving forward that are in accordance with both state and federal funding standards; and WHEREAS, on March 30, 2017, the City Clerk’s Office developed new, written contract procurement and management policies and procedures on selecting, preparing and processing contracts, change orders, and contract amendments, which include procedures on effectively managing contracts prior to their expiration date; and WHEREAS, on April 25, 2017, the Port Orchard City Council adopted Resolution No. 019- 17, thereby adopting the City’s official contract procurement and management policies and procedures guidance document, which clearly establishes all forms of appropriate contract procurement and management policies and procedures, including procurement authority limits and procedures to assure that bid laws are adhered to and the City’s assets are safeguarded from unauthorized expenditures; and WHEREAS, on September 18, 2017, it was brought to the Public Works Department’s attention, during the Project Management Review (PMR) process performed by the WSDOT Highways/Local Programs Office for both the Tremont Street Widening and Bay Street Pedestrian Pathway Projects, that certain time periods of contracts associated with those projects had lapsed, bringing to light that the City lacked adequate contract management procedures; and WHEREAS, on September 18, 2017, during the same PMR review, it was also brought to the City’s attention that the City lacked an appropriate contract procurement policy during the initial securing of contacts for the Tremont Street Widening and Bay Street Pedestrian Pathway Projects; and WHEREAS, via proposed amendments to the referenced contracts, and by following the now established internal contract management procedures, the City will correct the contract lapse concerns; and for future contract awards, the City will follow the now clearly established and appropriate procurement and management policies and procedures for all forms of contract procurement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 21 of 47 THAT: The City has corrected the contract procurement concerns raised by the PMR review process by adopting contract procurement policies and procedures for all forms of City contract procurement. FURTHER THAT: The City has corrected the contract lapse concerns raised by the PMR review process by establishing internal procedures for managing all City contracts. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 22nd day of May 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 22 of 47 Memorandum TO: WSDOT Local Programs, Rob Putaansuu – Mayor, Noah Crocker – Finance Director, Brandy Rinearson – City Clerk, Cyndi Palmer – Public Works Office Manager FROM: Mark R. Dorsey, P.E. – Public Works Director/City Engineer DATE: May 15, 2018 RE: Corrective Action Plan – Contract Management and Procurement On September 18, 2017, it was brought to the City’s attention during the Project Management Review (PMR) of the Tremont Widening and Bay Street Pedestrian Pathway Projects that certain time periods of contracts associated with those projects had lapsed in time, bringing to light that the City lacked adequate contract management procedures. During the same PMR process, it was brought to the City’s attention that the City lacked adequate contract procurement policies during the initial securing of the contacts for the Tremont Widening and Bay Street Pedestrian Pathway Projects. Upon researching the issues raised in the PMR, the City discovered that it had not ensured that contracts were fully executed for the full duration of the projects. Since that time, the City has taken appropriate measures to ensure that such issues would not happen again. First, on December 20, 2016, after staff recognized that the City lacked a contract procurement policy, Resolution No. 086-16 was presented to the City Council. The Council directed staff to develop Standards of Conduct and Written Procedures for contract procurement to outline when the federal rules are applicable and describe the methods to be used that are in accordance with federal standards. Second, on March 30, 2017, the City Clerk’s office developed written procedures on preparing and processing contracts, change orders, and amendments, including procedures on managing contracts prior to their expiration dates. Lastly, on April 25, 2017, the City Council adopted Resolution No. 019-17, the city’s official contract procurement policies and procedures, which establishes appropriate policies and procedures for all forms of contract procurement, including procurement authority limits; procedures to ensure that bid laws are adhered to; and procedures to safeguard the City’s assets from unauthorized expenditures. 23 of 47 By following the above-adopted policies, the City of Port Orchard will ensure that all agreements and/or construction contracts do not lapse in time and will remain in compliance with the WSDOT Local Agency Guidelines (LAG) Manual. 24 of 47 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: May 22, 2018 Subject: Approval of Amendment No. 1 to Contract Prepared by: Mark Dorsey, P.E. No. 002-05 with Berger/ABAM Engineers, Public Works Director Inc. to Correct Contract Management Atty Routing No.: N/A Deficiencies in Coordination with a Atty Review Date: N/A Corrective Action Plan Summary: On September 18, 2018, during the Project Management Review (PMR) process performed by WSDOT Highway & Local Programs for the Tremont Street Widening Project, it was discovered that past contract lapses had occurred. The proposed Amendment No. 1 to Contract No. C002-05 with Berger/ABAM Engineers, Inc. will correct the time lapses found within the Local Agency Standard Consultant Agreement, Supplements No. 3 and No. 5. Recommendation: Staff recommends approval of Amendment No. 1 to Contract No. C002-05 with Berger/ABAM Engineers, Inc. for the Tremont Street Widening Project, thereby amending the dates within Supplemental Agreements No. 3 and No. 5 to the Local Agency Standard Consultant Agreement. Relationship to Comprehensive Plan: Chapter 8 - Transportation Motion for Consideration: I move to approve Amendment No. 1 to Contract No. C002-05 with Berger/ABAM Engineers, Inc. for the Tremont Street Widening Project, thereby amending the dates within Supplemental Agreements No. 3 and No. 5 to the Local Agency Standard Consultant Agreement. Fiscal Impact: By the preparation of the Corrective Action Plan, it is the City’s desire to avoid having associated federal funds previously reimbursed now deemed ineligible. Alternatives: None. Attachments: Amendment No. 1, Supplemental Agreement No. 3A, and Supplemental Agreement No. 5A. 25 of 47 26 of 47 AMENDMENT NO. 1 TO CITY OF PORT ORCHARD CONTRACT NO. C002-05, THEREBY AMENDING THE TREMONT STREET WIDENING PROJECT, FEDERAL AID NO. STPUS - 6601(004), SUPPLEMENTAL AGREEMENTS NO. 3 AND NO. 5 OF THE LOCAL AGENCY STANDARD CONSULTANT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND BERGER/ABAM ENGINEERS, INC. THIS AMENDMENT NO. 1 to Contract No. C002-05 (“Amendment”), relating to the amendment of Supplemental Agreements No. 3 and No. 5 to the Local Agency Standard Consultant Agreement, is made effective as of the ______ day of _____________, 2018, by and between the City of Port Orchard (“City”), a municipal corporation organized under the laws of the State of Washington, and BERGER/ABAM Engineers, Inc. (“BERGER”), a corporation organized under the laws of the State of Washington, located and doing business at 33301 Ninth Avenue South, Suite 300, Federal Way, WA 98003. WHEREAS, on August 10, 2005, the City executed a Local Agency Standard Consultant Agreement for the Tremont Street Widening Project, SR 16 to Port Orchard Boulevard, (“Tremont Project”) with BERGER, (“Underlying Agreement”); and WHEREAS, on December 15, 2017, and as a function of the Washington State Department of Transportation Highways/Local Programs Project Management Review for the Tremont Project, it was determined that Supplemental Agreement No. 3 to the Underlying Agreement expired on December 30, 2007, being 8-calendar days prior to the execution of Supplemental Agreement No. 4 on January 7, 2008; and WHEREAS, on December 15, 2017, and as a function of the Washington State Department of Transportation Highways/Local Programs Project Management Review for the Tremont Project, it was further determined that Supplemental Agreement No. 5 to the Underlying Agreement expired on June 30, 2008, being 7- calendar days prior to the execution of Supplemental Agreement No. 6 on July 7, 2008; and WHEREAS, the parties to the Underlying Agreement agree that Supplemental Agreements No. 3 and No. 5 should be amended to extend their expiration dates in order to encompass all of the days between supplemental agreements, and thereby correct the lapse in time to renew after expiration; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. The Underlying Agreement regarding the Tremont Project between the parties, Contract No. C002-05, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respect: a. To correct the lapse in time to renew the Local Agency Consultant Agreement(s) for the Tremont Project, the parties agree to: 1) execute the attached Amendment to Supplemental Agreement No. 3, thereby extending the completion date from December 30, 2007 to January 7, 2008 (see Supplemental Agreement Number 3A attached); and 2) execute the attached Amendment to Supplemental Agreement No. 5, thereby extending the completion date from June 30, 2008 to July 7, 2008 (see Supplemental Agreement Number 5A attached.) 27 of 47 b. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON _______________________________ Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: _______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: _______________________________ Sharon Cates, City Attorney BERGER/ABAM ENGINEERS, INC. _______________________________ Robert L. Fernandes, Vice President 28 of 47 29 of 47 30 of 47 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: May 22, 2018 Subject: Approval of Amendment No. 1 to Contract Prepared by: Mark Dorsey, P.E. No. 071-09 with NL Olson & Associates Public Works Director to Correct Contract Management Atty Routing No.: N/A Deficiencies in Coordination with a Atty Review Date: N/A Corrective Action Plan Summary: On September 18, 2018, during the Project Management Review (PMR) process performed by WSDOT Highway & Local Programs for the Bay Street Pedestrian Pathway Project, it was discovered that a past contract lapse had occurred. The proposed Amendment No. 1 to Contract No. C071-09 with N.L. Olson & Associates, Inc. will correct the time lapse found within the Local Agency Standard Consultant Agreement, Supplements No. 5. Recommendation: Staff recommends approval of Amendment No. 1 to Contract No. C071-09 with N.L. Olson & Associates, Inc. for the Bay Street Pedestrian Pathway Project, thereby amending the dates within Supplemental Agreement No. 5 to the Local Agency Standard Consultant Agreement. Relationship to Comprehensive Plan: Chapter 8 - Transportation Motion for Consideration: I move to approve Amendment No. 1 to Contract No. C071-09 with N.L. Olson & Associates, Inc. for the Bay Street Pedestrian Pathway Project, thereby amending the dates within Supplemental Agreement No. 5 to the Local Agency Standard Consultant Agreement. Fiscal Impact: By the preparation of the Corrective Action Plan, it is the City’s desire to avoid having associated federal funds previously reimbursed now deemed ineligible. Alternatives: None. Attachments: Amendment No. 1 and Supplemental Agreement No. 5A. 31 of 47 32 of 47 AMENDMENT NO. 1 TO CITY OF PORT ORCHARD CONTRACT NO. C071-09, THEREBY AMENDING THE BAY STREET PEDESTRIAN PATHWAY PROJECT, FEDERAL AID NO. STPUS-0166(008), SUPPLEMENTAL AGREEMENTS NO. 5 OF THE LOCAL AGENCY STANDARD CONSULTANT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND N.L. OLSON & ASSOCIATES, INC. THIS AMENDMENT NO. 1 to Contract No. C071-09 (“Amendment”), relating to the amendment of Supplemental Agreements No. 5 to the Local Agency Standard Consultant Agreement, is made effective as of the ______ day of _____________, 2018, by and between the City of Port Orchard (“City”), a municipal corporation organized under the laws of the State of Washington, and N.L. Olson & Associates, Inc. (“NLO”), a corporation organized under the laws of the State of Washington, located and doing business at 2453 Bethel Avenue, Port Orchard, WA 98366. WHEREAS, on October 27, 2009, the City executed a Local Agency Standard Consultant Agreement for the Mosquito Fleet Trail Bay Street Pedestrian Path Enhancement Project (aka, Bay Street Pedestrian Pathway Project) (“BSPP”) with NLO, (“Underlying Agreement”); and WHEREAS, on December 15, 2017, and as a function of the Washington State Department of Transportation Highways/Local Programs Project Management Review for the BSPP Project, it was determined that Supplemental Agreement No. 5 to the Underlying Agreement expired on December 31, 2012, being prior to the execution of Supplemental Agreement No. 6 on January 27, 2015; and WHEREAS, the parties to the Underlying Agreement agree that Supplemental Agreements No. 5 should be amended to extend their expiration dates in order to encompass all of the days between supplemental agreements, and thereby correct the lapse in time to renew after expiration; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. The Underlying Agreement regarding the Bay Street Pedestrian Pathway Project between the parties, Contract No. C071-09, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respect: a. To correct the lapse in time to renew the Local Agency Consultant Agreement for the Bay Street Pedestrian Pathway Project, the parties agree to: 1) execute the attached Amendment to Supplemental Agreement No. 5, thereby extending the completion date from December 31, 2012 to January 27, 2015 (see Supplemental Agreement Number 5A attached.) b. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. 33 of 47 IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON _______________________________ Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: _______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: _______________________________ Sharon Cates, City Attorney N.L. Olson & Associates, Inc. _______________________________ Norman L. Olson, P.E., President 34 of 47 35 of 47 36 of 47 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: May 22, 2018 Subject: Approval of Amendment No. 1 to Contract Prepared by: Mark Dorsey, P.E. No. 069-09 with Universal Field Services Public Works Director to Correct Contract Management Atty Routing No.: N/A Deficiencies in Coordination with a Atty Review Date: N/A Corrective Action Plan Summary: On September 18, 2018, during the Project Management Review (PMR) process performed by WSDOT Highway & Local Programs for the Tremont Street Widening Project, it was discovered that a past contract lapse had occurred. The proposed Amendment No. 1 to Contract No. C069-09 with Universal Field Services, Inc. will correct the time lapse found within the Local Agency Standard Consultant Agreement, Supplement No. 1. Recommendation: Staff recommends approval of Amendment No. 1 to Contract No. C069-09 with Universal Field Services, Inc. for the Tremont Street Widening Project, thereby amending the dates within Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement. Relationship to Comprehensive Plan: Chapter 8 - Transportation. Motion for Consideration: I move to approve Amendment No. 1 to Contract No. C069-09 with Universal Field Services, Inc. for the Tremont Street Widening Project, thereby amending the dates within Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement. Fiscal Impact: By the preparation of the Corrective Action Plan, it is the City’s desire to avoid having associated federal funds previously reimbursed now deemed ineligible. Alternatives: None. Attachments: Amendment No. 1 and Supplemental Agreement No. 1A. 37 of 47 38 of 47 AMENDMENT NO. 1 TO CITY OF PORT ORCHARD CONTRACT NO. C069-09, THEREBY AMENDING THE TREMONT STREET WIDENING PROJECT, FEDERAL AID NO. STPUS - 6601(004), SUPPLEMENTAL AGREEMENT NO. 1 OF THE LOCAL AGENCY STANDARD CONSULTANT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND UNIVERSAL FIELD SERVICES, INC. THIS AMENDMENT NO. 1 to Contract No. C069-09 (“Amendment”), relating to the amendment of Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement, is made effective as of the ______ day of _____________, 2018, by and between the City of Port Orchard (“City”), a municipal corporation organized under the laws of the State of Washington, and Universal Field Services, Inc. (“UFS”), a corporation organized under the laws of the State of Oklahoma, doing business at 111 Main Street, Suite 105, Edmonds, WA 98020. WHEREAS, on November 27, 2007, the City executed a Local Agency Standard Consultant Agreement for the Tremont Street Widening Project, SR 16 to Port Orchard Boulevard, (“Tremont Project”) with UFS, (“Underlying Agreement”); and WHEREAS, on December 15, 2017, and as a function of the Washington State Department of Transportation Highways/Local Programs Project Management Review for the Tremont Project, it was determined that the Underlying Agreement expired on October 31, 2008, prior to the execution of Supplemental Agreement No. 1 on December 9, 2008; and WHEREAS, the parties to the Underlying Agreement agree that Supplemental Agreement No. 1 should be amended to modify the previous Execution Date and correctly reflect the Completion Date in order to encompass all of the days between supplemental agreements, and thereby correct the lapse in time to renew after expiration; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. The Underlying Agreement regarding the Tremont Project between the parties, Contract No. C069-07, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: a. To correct the lapse in time to renew the Local Agency Consultant Agreement for the Tremont Project, the parties agree to: 1) execute the attached Amendment to Supplemental Agreement No. 1, thereby modifying the previous Execution Date from December 9, 2008 to October 31, 2008 and correctly reflect the Completion Date from 10/31/2008 to 12/31/2009 (see Supplemental Agreement No. 1A attached.) b. The New Maximum Amount Payable has also been corrected to reflect $252,740.00. c. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. 39 of 47 IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON _______________________________ Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: _______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: _______________________________ Sharon Cates, City Attorney Universal Field Services, Inc. _______________________________ Mitch Legel, NW Regional Manager 40 of 47 41 of 47 42 of 47 City of Port Orchard Council Meeting Minutes Regular Meeting of May 8, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:32 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Absent 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, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add the excusal of Councilmember Clauson. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS Kelsey Hulse, Local Governmental Affairs Representative with Puget Sound Energy, provided updates on corporate and tax savings under the Federal Tax Cuts and Job Acts; and the Together Initiative. 43 of 47 4. CONSENT AGENDA A. Approval of Check Nos. 74219 through 74345 totaling $519,610.57; April Electronic Payment Dates 4/1/2018 through 4/31/2018 totaling $46,227.82; and Bi-Weekly Payroll including Check Nos. 147934 through 147939 totaling $285,822.35. B. Approval of the April 17, 2018, Council Work Study Session Minutes C. Approval of the April 24, 2018, Council Meeting Minutes D. Approval of Carnival Application: Paradise Amusements, Inc. MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Fathoms O’ Fun Royalty Court Helene Jensen with Fathoms O’ Fun Festival Inc., introduced the 2018 Royalty Court, briefly discussed upcoming events, and thanked the Council for their continual support. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of a Resolution Confirming Reappointment to the Kitsap Transit Board MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a Resolution confirming Mayor Putaansuu’ s reappointment to the Kitsap Transit Board in his capacity as Mayor of the City of Port Orchard. The motion carried. (Resolution No. 023-18) B. Adoption of a Resolution Approving a Contract with BHC Consultants, LLC for the McCormick Pump Station #2 Rebuild Project and Document Procurement MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt Resolution No. 018-18, thereby approving Contract No. C032-18 with BHC Consultants, LLC for the McCormick Sewerage Lift Station #2 Rebuild Project (Ad Ready Design, Acquisition Support, CA/CM and Permitting) in the amount not to exceed $528,500, and documenting the Professional Services procurement procedures. 44 of 47 The motion carried. (Resolution No. 018-18) C. Approval of Amended Change Order No. 1 to Contract No. 037-17 with Active Construction Inc., for the Tremont Street Widening Project MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to authorize the Mayor to execute the amended Change Order No. 1 with Active Construction, Inc. in a revised amount not to exceed $242,906.33. The motion carried. D. Approval of Change Order No. 2 to Contract No. 037-17 with Active Construction, Inc. for the Tremont Street Widening Project MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to authorize the Mayor to execute Change Order No. 2 with Active Construction, Inc. in an amount not to exceed $150,000 with a corrected Change Order No. 2 to be brought back to Council for final ratification. The motion carried. E. Approval of the Public Participation Program for the 2018 Zoning Code Update MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to approve the Public Participation Program for the 2018 Zoning Code Update. The motion carried. F. Discussion: Bay Street Banner Mayor Putaansuu mentioned they are working on an agreement with the downtown building owners. The proposed agreement would allow the City to attach the banner to their buildings and be hung across Bay Street. We are also still working with the State on height restrictions. As an alternative solution, the banner is being hung on the railing next to City Hall above the police parking lot on Bay Street. Some organizations did not like that location and asked the City to consider the banners being hung along the fence on Frederick Avenue at 640 Bay Street. Council Direction: Council directed staff to ask the organizations who wish to hang a banner if they would like to either hang the banner on the railing by City Hall; hang the banner on the fence on Frederick Avenue; or if neither, refund their banner fee. 45 of 47 G. Approval of a Contract with Kitsap Harbor Tours, Inc. and the City of Bremerton for the 2018 Extended Summer Foot Ferry Service MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve a contract between the City of Port Orchard and the City of Bremerton with Kitsap Harbor Tours, Inc. for additional summer foot ferry services [City of Port Orchard’s contribution] in an amount not to exceed $7,000. The motion carried. (Contract No. 040-18) 8. REPORTS OF COUNCIL COMMITTEES Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet May 14th. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet May 21st. The Sewer Advisory Committee is scheduled to meet July 18th. The Festival of Chimes and Lights Committee is scheduled to meet May 21st. Councilmember Diener report on the May 7th Land Use Committee meeting. The next meeting is scheduled for June 4th. Mayor Putaansuu reported the Council Retreat is next Friday [May 18th]. Councilmember Rosapepe reported on the Kitsap Transit Board meeting. Councilmember Ashby reported on the KRCC (Kitsap Regional Coordinating Council) meeting. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Newsletter; • Scouting fundraiser; • Social Media updates; • Small cell code; • Kitsap County Real Estate Deals of the Year; • Tremont landscaping; • PSRC Annual Meeting; • AWC Annual Conference; • McCormick Village Park attendance; • Opportunity Zones; and 46 of 47 • Town Hall Meeting for ban of single use plastic bags. 10. REPORT OF DEPARTMENT HEADS In response to City Clerk Rinearson’s question regarding Mayor and Council participation in this year’s 4th of July parade, Mayor Putaansuu requested this to be brought forward at next week’s work study session for discussion. City Clerk Rinearson noted that earlier in the meeting, Helene Jenson asked the Council to join a dingy derby race and challenge the Port of Bremerton. She asked Council to contact her if they would like to participate in this event. 11. CITIZENS COMMENTS Chris Kim, Robert Gilbert, Patrick Perry, Forbes Dunkin, Bob Wilson, Chase Agar, and Eric Stevens voiced their support of an ordinance banning the retail sale of puppies and kittens and asked Council to bring the ordinance back for adoption. Gerry Harmon would like information on the public participation on the zoning code to be published on the front page of the local paper. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 7:54 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor 47 of 47