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06/12/2018 - Regular - PacketMayor: 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-a It 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 City of Port Orchard Council Meeting Agenda June 12, 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, Payroll, and Electronic Payments B. Adoption of a Resolution Approving a Contract with Krazan & Associates. Inc. for the 2018 McCormick Village Park Phase 2 Construction Materials Testing and Inspections (Dorsey) Page 3 C. Adoption of a Resolution Approving a Contract with Krazan & Associates. Inc. for the 2018 Well No. 9 Retrofit Materials Testing and Inspections (Dorsey) Page 27 D. Approval of a Contract with the Port Orchard Independent as the City's Official Newspaper (Rinearson) Page 51 E. Approval of the May 15, 2018, Council Work Study Session Minutes Page 59 F. Approval of the May 18, 2018, Special Council Meeting -Retreat Minutes Page 63 S. PRESENTATION A. ERR Fund (Crocker) 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Discussion: Letter of Support for the Circuit of the Northwest Track Project (Mayor) B. Adoption of an Ordinance Approving a Franchise Agreement with West Sound Utility District (Dorsey) Page 65 C. Adoption of an Ordinance Adopting Findings of Fact in Support of Ordinance No. 015-18, and Confirming Continuance of that Ordinance (Bond) Page 95 D. Adoption of a Resolution Approving a Contract with BCRA Inc. for the 2018 Interim Engineer -in -Training (E.I.T.) Position (Dorsey) Page 115 E. Adoption of a Resolution Approving a Contract with Sullivan Heating & Cooling Inc. for the COPO Library HVAC Replacement (Dorsey) Page 133 F. Approval of Special Event Application: Kitsap Bank 1101h Anniversary Emnlovee Launch Party (Rinearson) Page 163 G. Approval of the May 22, 2018, Council Meeting Minutes Page 179 H. Discussion: Hanley Property -Proposed Kitsap County Comprehensive Plan Amendment (Bond) Page 185 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: 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 Finance Economic Development and Tourism Utilities Sewer Advisory Land Use Lodging Tax Advisory Festival of Chimes & Lights Outside Agency Committees Date & Time Location June 19, 2018; 5:15pm City Hall June 11, 2018; 9:30am City Hall June 18, 2018, 9:30am City Hall July 18, 2018; 6:30pm SKWRF* July 2, 2018; 9:30am DCD** TBD City Hall June 18, 2018; 3:30pm City Hall Varies Varies *South Kitsap Water Reclamation Facility, 1165 Beach Drive **DCD, Department of Community Development, 720 Prospect Street, Port Orchard CITY COUNCIL GOOD OF THE ORDER 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. June 12, 2018, Meeting Agenda Page 2 of 2 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4B Meeting Date Adoption of a Resolution Approving a Prepared by Contract with Krazan & Associates, Inc. for Back to Agenda June 12, 2018 Mark Dorsey, P.E. Public Works Director the 2018 McCormick Village Park Phase 2 Atty Routing No.: N/A Construction Materials Testing and Atty Review Date: N/A Inspections Summary: On May 15, 2018, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (see Exhibit A of Resolution No. 026- 18 attached) for the Main Category; Building, Structure and Roadway Improvement Services and Sub - Category; Material Inspection and Testing. Staff then scored each Statement of Qualification (SOQ) and selected Krazan & Associates, Inc. as being the most qualified professional services engineering firm for the Project. Upon completion of the System for Award Management (SAM) verification, the City received a Fee Proposal from Krazan & Associates, Inc. in the amount not to exceed $4,083.00 for the 2018 McCormick Village Park Phase 2 Construction Material Testing and Inspections. Recommendation: Staff recommends that the City Council adopt Resolution No. 026-18, thereby approving Contract No. C045-18 with Krazan & Associates, Inc. in the amount not to exceed $4,083.00 for the 2018 McCormick Village Park Phase 2 Construction Material Testing and Inspections and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Relationship to Comprehensive Plan: Chapter 4 — Parks. Motion for Consideration: I move to adopt Resolution No. 026-18, thereby approving Contract No. C045-18 with Krazan and Associates, Inc. in the amount not to exceed $4,083.00 for the 2018 McCormick Village Park Phase 2 Construction Material Testing and Inspections and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Fiscal Impact: Funding for this associated task will come from Capital Construction Fund 302 - McCormick Village Park Phase 2 Construction. A budget amendment will be required. Alternatives: Do not approve. Attachments: Resolution, Contract, and Krazan & Associates, Proposal (5/21/2018). Page 3 of 188 Back to Agenda This Page Intentionally Left Blank Page 4 of 188 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C045-18 WITH KRAZAN & ASSOCIATES, INC. FOR THE 2018 MCCORMICK VILLAGE PARK PHASE 2 CONSTRUCTION, MATERIALS TESTING AND INSPECTIONS AND DOCUMENTING THE ARCHITECTURAL & ENGINEERING CMftyj["i]39Z4111:79u14ZIA�:Z�Z�1�1:i�� WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for the Professional Services Roster; and WHEREAS, on May 15, 2018, the City of Port Orchard's Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (Exhibit A attached) for the Main Category; Building, Structure and Roadway Improvement Services and Sub -Category; Material Inspection & Testing; and WHEREAS, the City's Public Works Department then scored and selected Krazan & Associates, Inc., being determined as the most qualified professional services engineering firm; and WHEREAS, upon completion of the System for Award Management (SAM) verification, the City's Public Works Department negotiated the project scope and budget with Krazan & Associates, Inc.; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. C045-18 with Krazan & Associates, Inc. for the 2018 McCormick Village Park Phase 2 Construction, Materials Testing and Inspections and adopts the "Whereas" statements contained herein, as findings in support of the City's consultant selection procurement procedures. Page 5 of 188 Back to Agenda 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 12th day of June, 2018. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 6 of 188 MRSC Rosters A-a"P 1 nf "i � l� A Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Consultant Roster Date: 05/15/2018 Time: 07:26 am Main Category: Building, Structure and Roadway Improvement Services Sub -Category: Material Inspection & Testing Akana Associated Earth Sciences, Inc. Blue Marine, LLC Camassia Applied Sciences Century West Engineering Collins Engineers, Inc. Construction Testing Laboratories, Inc. CSI: Construction Special Inspection Echelon Engineering, Inc. Elevator Consulting Services, Inc. EN Engineering LLC _p�.. GeoEngineers Inc. GeoResources, LLC GeoTest Services, Inc. Global Geophysics LLC. HCI Services, LLC Herrera Environmental Consultants, Inc. HWA GeoSciences Inc. JECB Kleinfelder -- Krazan & Associates, Inc Page 7 of 188 https:Hmembers.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3 V sdGF... 5/ 15/2018 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 121 day of June 2018, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And BCRA, Inc., a corporation, organized under the laws of the State of Washington, doing business at: Krazan & Associates, Inc. 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 (hereinafter the "CONSULTANT") Contact: Wes A. Mahan, Operations Manager — Peninsula Division for professional services in connection with the following Project: 2018 McCormick Village Park Phase 2 Construction Materials Testing and Inspections TERMS AND CONDITIONS 1. Services by Consultant. A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. Consultant shall perform the services described in the Scope of Work in accordance with the Tasks identified within Exhibit "A" and the Terms of this Agreement. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 1 of 8 Page 8 of 188 Lighthouse Rev 3/16/2016 Back to Agenda 3. Terms. This Agreement shall commence on Jitne 12. 2018 ("Commencement Date") and shall terminate on December 31, 2018. 4. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed 4$_ ,D83Q0 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER. 5. Payment. A. Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Lighthouse Rev 3/16/2016 2 of 8 Page 9 of 188 Back to Agenda B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Lyon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Lighthouse Rev 3/16/2016 3 of 8 Page 10 of 188 Back to Agenda compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services shall be at the City's risk and without liability to the Consultant. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Lighthouse Rev 3/16/2016 4of8 Page 11 of 188 Back to Agenda the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Lighthouse Rev 3/16/2016 5 of 8 Page 12 of 188 [Back to Agenda B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabili insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 4. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorse to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Lighthouse Rev 3/16/2016 6of8 Page 13 of 188 Back to Agenda 14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Wes A. Mahan, Operations Manager Peninsula Division Krazan & Associates, Inc. 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 Phone: 360.598.2126 Fax: 360.598.2127 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 7of8 Page 14 of 188 Lighthouse Rev 3/16/2016 Back to Agenda unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: Robert Putaansuu Name: Wes A. Mahan Mayor Date: Attest: Brandy Rinearson, CMC City Clerk APPROVED AS TO FORM: Sharon Cates City Attorney City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-015 Professional Service Agreement Contract No. C045-18 Title: Operations Manager — Peninsula Division Date: June 5, 2018 Lighthouse Rev 3/16/2016 8of8 Page 15 of 188 & ASSOCIATES, INC. . GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION May 21, 2018 Ms. Cynthia Palmer City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 KA Proposal No. TI8118WAP Page 1 of 4 Email: c almer cit of ortorchard.us RE: PROPOSAL FOR CONSTRUCTION TESTING AND INSPECTION SERVICES McCormick Village Park — Phase II Improvements 3201 SW Old Clifton Rd Port Orchard, WA 98367 Dear Ms. Palmer, Krazan & Associates, Inc. appreciates the opportunity to submit this proposal for testing and inspection for the McCormick Village Park— Phase II Improvements project. Krazan & Associates is certified by the Washington Association of Building Officials (WABO) and accredited by the International Accreditation Services (IAS) with in house geotechnical and environmental engineering capabilities. Our testing/inspection capabilities in conjunction with our geotechnical engineering capabilities allow us to provide our client a single source for inspection and consulting needs. We take pride in our ability to provide quality service to our clients and feel you will be greatly pleased with the selection of our firm. On the following pages we present our anticipated scope of work, hourly fees, an estimate of the cost of our services, general conditions, and contract. Again, we appreciate the opportunity to provide you with services on this project. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at (360) 598-2126. The following items are included as an Attachment: ® Attachment A — Agreement for Engineering Consulting Services, Construction Observation, & Materials Testing Services (Pages 1 — 4) ® Attachment B — Budget Estimate Respectfully submitted, KRAZAN & ASSOCIATES, INC. Wes A. Mahan Operations Manager Peninsula Division wesmahan@krazan.com Offices Serving The Western United States 1230 Finn Hill Rd NW STE A • Poulsbo WA 98370 • (360) 598-2126• Fax (360) 598-2127 l3age 16 of 188 T18118WAP - proposal - May 21, 2018.docx KA Proposal No. T18118WAP May 21, 2018 Page 2 of 4 PROJECT DESCRIPTION The project as we understand it consists of park improvements including but not limited to, new sidewalks, a pedestrian bridge and boardwalk, picnic shelters, play area and play structures, splash pad water play features, paving parking stalls and new landscaping. SCOPE OF WORK The Scope of Work listed below is based on our review of the plans dated October 2017. Geotechnical recommendations are to be provided by others. Helical Pile Special Inspection — Prior to pile placement Krazan will review submittals for pile driving equipment and materials. During test pile installation and production pile driving operations our inspectors will continuously observe pile driving operations, documenting each pile. Pile driving records will include location, tip elevation, plumbness and orientation, batter angle, any deviations from design locations, original pile length; ground elevation, tip elevations, cutoff elevation. Driving records also include information such as rate of operation, installation torque, and size, and any re -driving, obstructions or unanticipated interruptions, verification of load brackets cap plates. Structural Reinforcing Steel Inspection — The inspector will monitor placement of structural reinforcing steel and embedment's to verify compliance with project requirements for correct size, grade of steel, location, and clearance to forms and/or earthwork. Structural Reinforced Concrete Inspection — The inspector will monitor placement of cast in place concrete to verify adherence to project specifications. Each load, as required, will be checked for proper mix design and adherence to slump requirements. Air content testing is available upon request. Concrete specimens will be cast, transported, and cured as per applicable ASTM requirements. Five (5) cylinders will be cast for each 150 cubic yards of each separate mix design of concrete, or fraction being placed each day. Structural Steel Inspection —Inspections of high strength bolting will be monitored for proper installation and tensioning of all high strength bolts will be verified as per the requirements of the current edition of the "Specification for Structural Joints Using ASTM A325or A490 Bolts." For connections using high -strength bolts installed using Load Indicating Washers, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and verify the minimum specified bolt tensions visually and by using a feeler gauge on a few bolts in each connection (10 percent or two bolts, whichever is greater). For connection using high -strength tension control bolts, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and will performed visual inspection on 100% of the high -strength bolts for properly installed tension. Firm & Unyielding Inspection — The inspector will periodically witness the excavation of material to the foundation level to verify that the foundations are on firm and unyielding material. When over excavation inspection is required, the Geotechnical Engineer of Record shall provide recommendations. If the project does not have a Geotechnical Report, or an assumed bearing value, a Limited Geotechnical Investigation Report may be required. Soil Compaction Testing — The inspector will periodically observe and monitor placement and compaction of all structural fills during mass grading of site / in building pad / pavement areas. In -place soil densities and moisture contents will be measured using a nuclear densometer to check for compliance with the compaction specifications. Representative samples of the fill soils will be collected for laboratory testing. Samples of on -site and import fill soils will be tested in accordance with ASTM D1557 (Modified Proctor) to determine the maximum compacted unit weight and optimum soil moisture content for use in compaction testing. Additional testing of the soils samples to confirm compliance with the required physical properties may include: Sieve Analysis (coarse and fine); Atterberg Limits; Hydrometer; Sand Equivalent; CBR; Organic Content. Specific tests that are anticipated to be performed are listed in the Cost Estimate. Report Preparation — Krazan & Associates will process both field and laboratory data. A copy of each report will be e-mailed on a weekly basis, as a minimum. As required by the ICC, reports will be distributed to the client, the Krazan & Associates, Inc. Offices Serving,age �!0�t�q United States KA Proposal No. TI8118WAP May 21, 2018 Page 3 of 4 project architect or engineer and to the building official or as directed by the client. Our inspectors will provide immediate verbal notification of field tests and inspection results to your designated on -site representative and the contractor. The inspector will prepare a written report after each inspection prior to leaving the site. Final reports of field inspections and laboratory analysis will be reviewed by the Krazan & Associates project manager before subsequent submittal to the project team members. Proiect Manap-ement — The project manager assigned to this project will track inspection data and costs and provide the project design team with status reports when requested. The project manager will oversee and direct all phases of inspections and supervise and direct all Krazan & Associates personnel associated with this project. Professional Engineer Review — The Professional Engineer assigned to this project will maintain control of all resources, ensure project manager requests for additional support are met, monitor budget, client satisfaction, and provide senior technical council and guidance to project manager and lead inspectors per ASTM E329. He will monitor the project on a regular basis; communicate with owner on an as needed basis. He will perform technical review of the field reports and laboratory test results. FEE STRUCTURE We will perform the services listed above on a time and material basis in accordance with our 2018 standard rate schedule. Based on the scope of work described in this proposal and our experience with similar projects, Krazan & Associates' estimates the costs for testing and inspection services to be about $4083.00. A detailed breakdown of this cost estimate is attached as Attachment B. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan & Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximat t-t� Consistent with good engineering practice, we will work with the contractor to keep 66 , inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified. COORDINATION The above scope of services will be performed when scheduled by the General Contractor or the client's designated representative. Proper scheduling is imperative to the success of the special inspections program. Krazan & Associates cannot take responsibility for work that has not been inspected if we have not been scheduled nor can we take responsibility for delays due to insufficient lead-time in scheduling inspections. We recommend that the person scheduling the inspections contact our office prior to the job starting to discuss required inspection and scheduling procedures. CONDITIONS Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request. 2. This offer terminates ninety calendar days from the date of issue, unless otherwise stated and agreed. 3. Inspections which are cancelled with less than twenty-four (24) hours' notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested. 4. All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed. 5. Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate. Krazan & Associates, Inc. Offices ServinV 1WSf United States KA Proposal No. T18118WAP May 21, 2018 Page 4 of 4 6. Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site. 7. Krazan & Associates, as a professional services firm, is typically not subject to the prevailing wage agreements. Should by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new proposal will be provided to account for additional services and increased wage rates associated with the ruling. This includes any apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements and/or certified payroll. These items were excluded from this proposal. Krazan & Associates, Inc. Offices Servin*,T�heet'WS�tgg United States Back to Agenda AGREEMENT FOR ENGINEERING CONSULTING SERVICES, CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, INC., hereinafter referred to as "Consultant", and City of Port Orchard , hereinafter referred to as "Client." This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled "McCormick Village Park Phase II Improvements," file number T18118WAP, dated May 21, 2018 ("PROPOSAL"), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Poulsbo, WA is effective as of the date this Agreement is countersigned by Krazan & Associates, Inc, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. The parties agree as follows: 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to perform construction Work on the Project for which Consultant is providing Services under this Agreement 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.5. Services. The professional services provided by Consultant as set forth in this Agreement, as included in Consultant's PROPOSAL and any written Change Order, Task Order or amendment to this Agreement, and Consultant's professional services as scheduled by Client's contractor through oral or written communication 1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the Work described in the Contract Documents. 1.7. Fee Schedule. Consultant's standard annual fee schedule unless project specific fee schedule is provided 1.8 Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant's professional judgment, general requirements 1.9 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials. 2. SCOPE OF SERVICES 2.1. Services Provided, Scheduling. Consultant will provide construction materials testing and inspection services as set forth in the PROPOSAL and any additional services requested by Client by oral or written request (Scope of Services). Client or their designated agent shall cause all required tests and inspections of the site, materials and work performed by their Contractor to be scheduled no less than one full work day prior to the time when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party for tests or inspections not performed due to inadequate scheduling notice provided to the Consultant by Client. 2.2. Changes in Scope. Client may request changes in the scope of services indentified in the PROPOSAL. Such changes, including any additional types of Work to be inspected and/or tested, or any change in Consultant's compensation or time of performances, which may be requested in writing or orally and which are mutually agreed upon by Consultant and Client, will be incorporated in this Agreement. All Services performed by Consultant on the Project are subject to the terms and limitations of this Agreement If Services are performed, but the parties do not reach agreement concerning modifications to the PROPOSAL, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 15, "Disputes." 2.3. Excluded Services. Consultant's Services under this Agreement include only those Services specified in the PROPOSAL, and those services subsequently requested by Client and agreed to by Consultant. Client expressly releases any claim against Consultant relating to any additional Services that Consultant recommended or that the project designer or Building Official required, but that Client either did not authorize or instructed Consultant not to perform. 2.4. Authority of Consultant. Consultant will report observations and data to the Client and the General Contractor. Consultant will report any observed work to the Client or Client's representative, which, in Consultant's opinion, does not conform with plans, specifications, and codes applicable to the Project. Consultant has no right or responsibility to approve, accept, reject, or stop work of any agent of the Client 2.5. Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by Consultant will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. Client recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times Services of Consultant, even if performed on a continuous basis, should not be interpreted to mean that Consultant is observing, verifying, testing or inspecting all materials on the Project. Consultant is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. Consultant may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas. 2.6. Sampling, Inspection & Test Locations. Unless specifically stated otherwise, the Services do not include surveying the Site or precisely identifying sampling, inspection or test locations. Sampling, inspection and test locations will be based on field estimates and information furnished by Client and its representatives. Unless stated otherwise In the report, such locations are approximate. Consultant will take reasonable precautions to limit damage to the Project Site of Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the PROPOSAL. 2.7. Independent Contractor. Consultant will perform Services under this Agreement as an independent contractor 3. PAYMENTS TO CONSULTANT 3.1. Basic Services. Consultant will perform its services on a time and materials basis unless alternate payment terms are specifically stated in the PROPOSAL. 3.2. Additional Services. Any Services performed under this Agreement, including increased hours or units for those Services expressly identified in the attached PROPOSAL, and any additionally requested inspection and/or testing tasks, will be provided on a time and materials basis at the rates established for the project unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. Testing and Inspection services are highly dependent on contractors' schedules, weather, overlapping of work and many other factors. Client recognizes that changes in scope and schedule, and unforeseen circumstances, Contractor performance and production of the Work can all influence the successful completion of Services within the estimated cost The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant's Services shall continue on a time and materials basis to completion of the Services unless directed otherwise by Client. Furthermore, the provision of a "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the "not to exceed" limitation amount without notifying Client in writing that the "not -to -exceed" amount has been reached and that Services will continue on a time and materials basis unless directed by Client to discontinue any further Services Consultant Project Manager charges are above and beyond unit rates quoted 3.4. Rates. Client will pay Consultant at the rates set forth in the PROPOSAL and Fee Schedule. 3.4 1 Billing Increments. A four 4 hour minimum, portal to portal charge per call, applies to all Consultants services Services beyond the initial minimum billing increment will be billed in increments of one 1 hour(s) for the first 8 hours and at increments of one hour thereafter for each day's Services for each assigned technician. 3.4 2 Billing Rate Premiums. Services initiated between the hours of ¢ , rm. and 4!QQ p,m. will be performed at the standard rates presented in the PROPOSAL and Fee Schedule. Services initiated outside of these hours will be billed at the appropriate rate plus a premium of 12 5 percent Additionally, COMT 2018.1 Page 1 of 4 T18118WAP - agreement - May 21, 2018.docx Page 20 of 188 Please initial Back to Agenda services rendered on Saturdays or in excess of 8 hours on any week day will be billed at time and a -half the hourly rate. Services rendered on Holidays, Sundays, or in excess of 8 hours on a Saturday or in excess of 12 hours on any weekday will be charged at double the hourly rate. Late cancellation may be subject to reasonable charges if personnel cannot be appropriately reassigned. 3 4 3 Changes to Rates. Client and Consultant agree that the rates presented in the PROPOSAL and the Fee Schedule are applicable only through December 31 of the year published, unless stated otherwise in the PROPOSAL, and are subject to periodic review and amendment, as appropriate to reflect Consultant's then -current fee structure. Unless otherwise provided for in the PROPOSAL, where projects are on -going beyond December 31 of the year the services were initiated, the rates presented in the PROPOSAL and Fee Schedule are subject to an annual cost of living adjustment based on the consumer price index for the geographic area where our services are being provided Notwithstanding the foregoing, where Prevailing Wage regulations apply Consultant's labor rates are subject to revision based on determinations made by the governing agency Where labor rates are increased during the course of the project Consultant's billing rates presented in the PROPOSAL and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or benefits rate increases unless otherwise stipulated in the PROPOSAL. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Section 14, "Termination " 3.4.4. Prevailing Wages. Unless Client specifically informs Consultant in writing that prevailing wage regulations cover the Project and Client provides Consultant with the applicable Determination that includes Client's Services, and the Scope of Services identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorneys' fees. 3.5 Expenses. Miscellaneous out-of-pocket charges, such as parking, air fare, car/equipment rental, mailing, shipping, subcontractor charges, etc., will be charged on a cost plus overhead basis On remote jobs or at fabrication facilities, subsistence, when not furnished, will be an additional charge. 3.6. Payment Timing; Late Charge. Consultant will submit invoices to Client periodically, but no more frequently than every two (2) weeks All invoices are due and payable upon receipt Upon Consultant's approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. The invoice amounts shall be presumed to be correct unless Client notifies Consultant in writing. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice In the absence of written notification described above, the balance as stated on the invoice will be paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount Consultant reserves the right to apply payments to Client's outstanding invoices from oldest to most recent regardless of project or invoice designation on checks received. All amounts unpaid when due vrill include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Consultant reserves the right to require payment in full on any and all invoices on Client's account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant's release of final reports or other required forms of certified or verified reports If the account becomes delinquent, the Client will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount Consultant shall not be bound by any provision or agreement conditioning Consultant's right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. Client's failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a breach of this Agreement If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice maybe charged plus $1 per page of back-up data 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1 Professional Standards. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant will perform the Services consistent with that level of care and skill ordinarily exercised by other professionals providing similar services in the same locale and under similar circumstances at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service 4.2. Level of Service. Consultant offers different levels of construction observation, inspection and materials testing Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes Client has reviewed the PROPOSAL and has determined that it does not need or want a greater level of Services than that specifically identified in the PROPOSAL 4.3. No Warranty. Client recognizes the inherent risks connected with site development and construction activities, and understands when signing that those risks are not entirely eliminated through the services of Consultant Consultant's tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements Therefore, in signing this Agreement the Client understands that Consultant neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant. 5. CONTRACTOR'S PERFORMANCE Consultant is not responsible for Contractor's means, methods, techniques or sequences during the performance of its Work. Consultant will not supervise or direct Contractor's Work, or be liable for any failure of Contractor to complete its Work in accordance with the Project's plans, specifications and applicable codes, laws and regulations Client understands and agrees that Contractor, not Consultant, has sole responsibility for the safety of persons and property at the Project Site. Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare 6. CLIENT'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 6.1. Access. Grant or obtain free access to the Project Site for all equipment and personnel necessary for Consultant to perform its Services under this Agreement. 6.2. Relevant Information. Supply Consultant with all information and documents relevant to Consultant's Services. Consultant is entitled to rely upon such information without verifying its accuracy. Client will notify Consultant of any known potential or possible health or safety hazard regarding the materials to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers' specifications and literature, and any previous test results. 6.3. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner's interest therein, and the identity and address of any construction lender. 7. CHANGED CONDITIONS If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Section 14, "Termination " 8. ALLOCATION OF RISK 8.1. Limitation of Liability. The total cumulative liability of Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities"), to Client and its successors and all parties included as additional insured on Consultant's insurance policies and all of their respective shareholders, directors, officers. employees and agents (collectively "Client Entities') arising from or relating to Services under this Agreement. €nduding attorney's fees due under this Agreement, will not exceed the gross compensation received by Consultant COMT 2018.1 Page 2 of 4 T18118WAP - agreement - May 21, 2018.docx Page 21 of 188 Please initial Back to Agenda under this Agreement or five thousand dollars [$5.000.00whichever is greater; provided, however, that such liability is further limited as described below This limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in Consultant's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Consultant's fee, provided that they amend this Agreement in writing as provided in Section 16. Consultant Entities and Client Entities also agree that the Client Entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join Consultant as a third -party defendant 8.2. Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities") from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and costs of defense) or other losses (collectively "Losses") except to the extent caused by the sole negligence of Consultant. In addition, except to the extent caused by Consultant's negligence, Client expressly agrees to defend, indemnify and hold harmless Consultant Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material. 8.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement. 8.4. Continuing Agreement. The provisions of this Section 8, "Allocation of Risk," will survive the expiration or termination of this Agreement. If Company provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 8 will apply to such Services as if the parties had executed an amendment 8.5. No Personal Liability. Client and Consultant intend that Consultant's Services will not subject Consultant's individual employees, officers or directors to any personal liability Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant' on the first page of this Agreement. 9. INSURANCE 9.1. Consultant's Insurance. Consultant carries Statutory Workers' Compensation and Employer's Liability Insurance; Commercial General Liability Insurance for bodily injury and property damage; Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles; and Professional Liability Insurance Certificates of insurance can be furnished upon written request but may not be processed unless accompanied by a signed Agreement. Client agrees not to withhold payment to Consultant for Client's failure to make such a timely request and such requests may not be honored if made after final completion of authorized Services Additional charges may apply for Waiver of Subrogation and Additional Insured Endorsements Consultant assumes the risk of damage caused by Consultant's personnel to Consultant's supplies and equipment. 9.2. Contractor's Insurance. Client shall require that all Contractors and subcontractors for the Project name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies If Client is not the Project owner, Client will require the Project owner to require the owner's Contractor to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and Employer's Liability insurance with limits no less than as set forth above, and to name Consultant and its subcontractors and subconsultants as additional insureds on the General Liability insurance Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein. 10. OWNERSHIP AND USE OF DOCUMENTS 10.1. Use of Documents. Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity, other than the project Architect, Structural Engineer, General Contractor and Building Department, without Consultant's prior written consent. 10 1.1 Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project 10.1.2 Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose 10.2. Electronic Media. Consultant may agree at Client's request to provide Documents and information in an electronic format as a courtesy. However, the paper original issued by Consultant will remain the final documentation of the Services 10.3. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Consultant's express prior written consent and receipt of additional compensation. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant's prior written consent 11. SAMPLES Consultant will dispose of all samples collected during the construction phase of the project immediately upon completion of testing Upon request received prior to the initiation of testing, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge All samples shall remain the property of the Client and, in the absence of evidence of contamination, Consultant shall dispose of samples for the Client. Client shall be responsible for and promptly pay for the removal and lawful disposal of all contaminated samples and hazardous materials and other hazardous substances, unless otherwise agreed in writing. 12. ASSIGNMENT AND SUBCONTRACTS During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect Consultant may subcontract for the services of others without obtaining Client's consent if Consultant deems it necessary or desirable for others to perform certain Services 13. SUSPENSION AND DELAYS 13.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Consultant. Consultant may terminate this Agreement if Client suspends Consultant's Services for more than 60 days and Client will pay Consultant as set forth under Section 14, "Termination " If Client suspends Consultant's Services, or if Client or others delay Consultant's Services, Client and Consultant agree to equitably adjust: (1) the time for completion of the Services; and (2) Consultant's compensation in accordance with Consultant's then current Fee Schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit during the delay or suspension, or charges incurred by Consultant for demobilization and subsequent remobilization. 13.2. Liability. Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant's control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, "acts of God," adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market. 14. TERMINATION 14.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party 14.2. Termination for Cause. In the event of material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non -breaching party's written notice of the breach to the breaching party The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period. 14.3. Payment on Termination. Following termination other than for Consultant's material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant's then current Fee Schedule COMT 2018.1 Page 3 of 4 / T18118WAP - agreement - May 21, 2018.docx Page 22 of 188 Please initial Back to Agenda 15. DISPUTES 15.1. Mediation. All disputes between Consultant and Client, except those involving Client's failure to pay undisputed invoices as provided herein and excluding Consultant's perfection of any mechanic's lien, are subject to mediation Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association. 15.2. Precondition to Other Action. No action or suit, except those involving Client's failure to pay undisputed invoices as provided herein and excluding Consultant's perfection of any mechanic's lien, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the arbitration shall be conducted in Kitsap County, Washington The arbitrator shall be appointed within 60 days of the arbitrators' receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney's fees related to the arbitration. 15.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of Washington. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Kitsap County, Washington Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses 15.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 16. MISCELLANEOUS 16.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 16.2. Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement 16.3. Notices Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail with return receipt -(postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 16.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 16.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant 16.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience. 16.7. Warranty OfAuthority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant's services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered Further, if Client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered. 16.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding Consultant's Services 16.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein. 17. ENTIRE AGREEMENT This Agreement between the parties consists of these Terms, the PROPOSAL by the Consultant, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The terms of this Agreement will prevail over any different or additional terms in Client's purchase order or other forms provided by Client to Consultant as part of the authorization process unless agreed in writing by Consultant. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly Consultant's acceptance of this Agreement is pending credit review and a retainer fee may be required Client: CITY OF PORT ORCHARD Consultant: KRAZAN & ASSOCIATES, INC. Signature Name (Please Print) Title Date Signature Wes Mahan Name (Please Print) Operations Manager Title Date COMT 2018.1 Page 4 of 4 / T18118WAP - agreement - May 21, 2018.docx Page 23 of 188 Please initial 4dKrazan YACHEMENT i3 Estimated Fees for Continuous and Periodic Special Inspection and Materials Testing Services McCormick Village Park Phase II Improvements 3201 SW Old Clifton Rd Port Orchard, WA 98367 Item 1 4 10 11 Back to Agenda 5/21 /2018 KA Proposal No.: T18118WAP Earthwork Quality Control Services Trips/Tests Hours Rate Total Compaction Testing: Foundation 3 trips 12 $ 60.00 $ 720.00 Deep Foundation Installation Special Inspection Helical Piles 2 trips 16 $ 75.00 $ 1,200.00 Certified Engineer, Geotechnical Observations 1 trips 4 $ 85.00 $ 340.00 Subtotal 1 $ 2,260.00 Concrete & Masonry Quality Control Services Trips/Tests Hours Rate Total Concrete Sam lin : Slabs/Floors 1 trips 4 $ 60.00 $ 240.00 Reinforcing Steel Placement Inspection: Slabs/Floors excludes PT) 1 trips 4 $ 60.00 $ 240.00 *Assumes batch plant is NRMCA certified and batch plant inspection are not required Subtotal $ 480.00 Structural Steel QualiV Control Services Trips/Tests I Hours Rate Total ]High Strength Bolting Inspection 1 tri s 4 $ 75.00 $ 300.00 ** Assumes fabrication shop is within 35 miles of Krazan's Poulsbo Office Subtotal $ 300.00 Laboratory - Soils &A99yegate Tests Hours Rate Total Maximum Density/optimum Moisture (ASTM D1557) 2 each N/A $ 200.00 $ 400.00 1 Subtotal $ 400.00 Laboratory - Concrete & Masonry Tests NIA Rate Total Compression Test: Concrete 4" x 8" (ASTM C39) 2 each N/A $ 20.00 $ 40.00 Subtotal $ 40.00 Miscellaneous Trips/Tests Hours Rate Total Sample Pick Up: Project Site 2 each N/A $ 50.00 $ 100.00 Vehicle Round Trip Charge associated mileage) 8 each N/A $ 16.00 $ 128.00 Subtotal $ 228.00 Project Support Services Trips Hours Rate Total Project Administration N/A 2 $ 55.00 $ 110.00 Project Manager N/A 2 $ 90.00 $ 180.00 Staff Engineer/Geologist N/A 1 $ 85.00 $ 85.00 Subtotal 1 $ 375.00 Estimated Total Cost: 4.0133,00 Krazan and Associates 5/21/2018 Page 24 of 188 *UKrazan ATTACHEMENT B 5/21 /2018 NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal number T18118WAP May 18, 2018 which are inclusive by reference. A 2-hour minimum charge, portal-to-portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost estimate should be considered approximate. Krazan & Associates does not control the work or production rate. Therefore, the estimate provided above does not imply a lump sum fee, not -to -exceed fee or guaranteed maximum price. This cost estimate does not include overtime, retests, or change in conditions or schedule. Krazan and Associates 5/21/2018 Page 25 of 188 Back to Agenda This Page Intentionally Left Blank Page 26 of 188 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4C Meeting Date Adoption of a Resolution Approving a Prepared by Contract with Krazan & Associates, Inc. for Back to Agenda June 12, 2018 Mark Dorsey, P.E. Public Works Director the 2018 Well No. 9 Retrofit Materials Atty Routing No.: N/A Testing and Inspections Atty Review Date: N/A Summary: On May 15, 2018, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (see Exhibit A of Resolution No. 027- 18 attached) for the Main Category; Building, Structure and Roadway Improvement Services and Sub - Category; Material Inspection and Testing. Staff then scored each Statement of Qualification (SOQ) and selected Krazan & Associates, Inc. as being the most qualified professional services engineering firm for the Project. Upon completion of the System for Award Management (SAM) verification, the City received a Fee Proposal from Krazan & Associates, Inc. in the amount not to exceed $7,782.00 for the 2018 Well No. 9 Retrofit Material Testing and Inspections. Recommendation: Staff recommends that the City Council adopt Resolution No. 027-18, thereby approving Contract No. C046-18 with Krazan and Associates, Inc. in the amount not to exceed $7,782.00 for the 2018 Well No. 9 Retrofit Material Testing and Inspections and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Motion for Consideration: I move to adopt Resolution No. 027-18, thereby approving Contract No. C046-18 with Krazan and Associates, Inc. in the amount not to exceed $7,782.00 for the 2018 Well No. 9 Retrofit Material Testing and Inspections and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Fiscal Impact: Funding for this associated task will come from Water Sewer Utility Fund 401— Well #9 Construction. A budget amendment will be required. Alternatives: Do not approve. Attachments: Resolution, Contract, and Krazan & Associates, Proposal (5/21/2018). Page 27 of 188 Back to Agenda This Page Intentionally Left Blank Page 28 of 188 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C046-18 WITH KRAZAN & ASSOCIATES, INC. FOR THE 2018 WELL NO.9 RETROFIT, MATERIALS TESTING AND INSPECTIONS AND DOCUMENTING THE ARCHITECTURAL & ENGINEERING SERVICES 10391401:"►VAIAZ I WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for the Professional Services Roster; and WHEREAS, on May 15, 2018, the City of Port Orchard's Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (Exhibit A attached) for the Main Category; Building, Structure and Roadway Improvement Services and Sub -Category; Material Inspection & Testing; and WHEREAS, the City's Public Works Department then scored and selected Krazan & Associates, Inc., being determined as the most qualified professional services engineering firm; and WHEREAS, upon completion of the System for Award Management (SAM) verification, the City's Public Works Department negotiated the project scope and budget with Krazan & Associates, Inc.; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. C046-18 with Krazan & Associates, Inc. for the 2018 Well No. 9 Retrofit, Materials Testing and Inspections and adopts the "Whereas" statements contained herein, as findings in support of the City's consultant selection procurement procedures. Page 29 of 188 Back to Agenda 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 12th day of June, 2018. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 30 of 188 MRSC Rosters A-a"P 1 nf "i � l� A Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Consultant Roster Date: 05/15/2018 Time: 07:26 am Main Category: Building, Structure and Roadway Improvement Services Sub -Category: Material Inspection & Testing Akana Associated Earth Sciences, Inc. Blue Marine, LLC Camassia Applied Sciences Century West Engineering Collins Engineers, Inc. Construction Testing Laboratories, Inc. CSI: Construction Special Inspection Echelon Engineering, Inc. Elevator Consulting Services, Inc. EN Engineering LLC _p�.. GeoEngineers Inc. GeoResources, LLC GeoTest Services, Inc. Global Geophysics LLC. HCI Services, LLC Herrera Environmental Consultants, Inc. HWA GeoSciences Inc. JECB Kleinfelder -- Krazan & Associates, Inc Page 31 o 188 https:Hmembers.mrscrosters.org/public-agency/rosters 1resu1t?rt=czoxMDoiY29uc3VsdGF... 5/15/2018 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 12" day of June 2018, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And BCRA, Inc., a corporation, organized under the laws of the State of Washington, doing business at: Krazan & Associates, Inc. 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 (hereinafter the "CONSULTANT") Contact: Wes A. Mahan, Operations Manager — Peninsula Division for professional services in connection with the following Project: 2018 Well No. 9 Retrofit Materials Testing and Inspections TERMS AND CONDITIONS 1. Services by Consultant. A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. Consultant shall perform the services described in the Scope of Work in accordance with the Tasks identified within Exhibit "A" and the Terms of this Agreement. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 1 of 8 Page 32 of 188 Lighthouse Rev 3/16/2016 Back to Agenda 3. Terms. This Agreement shall commence on ,tune 12, 2018 ("Commencement Date") and shall terminate on December 31 2018. 4. El Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed S7,782.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER. 5. Payment. A. Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Lighthouse Rev 3/16/2016 2 of 8 Page 33 of 188 .,pack to Agenda B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Lighthouse Rev 3/16/2016 3 of 8 Page 34 of 188 compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination 01' Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services shall be at the City's risk and without liability to the Consultant. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Lighthouse Rev 3/16/2016 4of8 Page 35 of 188 the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabili insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Lighthouse Rev 3/16/2016 5 of 8 Page 36 of 188 Back to Agenda B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 4. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease —Policy Limit $1,000,000. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorse to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Lighthouse Rev 3/16/2016 6of8 Page 37 of 188 B,j1W Agenda 14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Wes A. Mahan, Operations Manager Peninsula Division Krazan & Associates, Inc. 1230 Finn Hill Road, Suite A Poulsbo, WA 98370 Phone: 360.598.2126 Fax: 360.598.2127 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 7of8 Page 38 of 188 Lighthouse Rev 3/16/2016 Back to Agenda unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: U//� 4. By: Robert Putaansuu Name: Wes A. Mahan Mayor Date: Attest: I0 Brandy Rinearson, CMC City Clerk APPROVED AS TO FORM: L-M Sharon Cates City Attorney City of Port Orchard and Krazan & Associates, Inc. Public Works Project No. PW2018-016 Professional Service Agreement Contract No. C046-18 Title: Operations Manager -- Peninsula Division Date: June 5, 2018 Lighthouse Rev 3/16/2016 8of8 Page 39 of 188 Back to Agenda & ASSOCIATEINC.. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION May 21, 2018 Ms. Cynthia Palmer City of Port Orchard 216 Prospect Street Port Orchard, WA KA Proposal No. TI8117WAP Page 1 of 4 Email: cnalmer@aa..cityafportorchard.us RE: PROPOSAL FOR CONSTRUCTION TESTING AND INSPECTION SERVICES Well No. 9 Vanzee Park 1670 Sidney Ave. Port Orchard, WA 98367 Dear Ms. Palmer, Krazan & Associates, Inc. appreciates the opportunity to submit this proposal for testing and inspection for the Well No. 9 project. Krazan & Associates is certified by the Washington Association of Building Officials (WABO) and accredited by the International Accreditation Services (IAS) with in house geotechnical and environmental engineering capabilities. Our testing/inspection capabilities in conjunction with our geotechnical engineering capabilities allow us to provide our client a single source for inspection and consulting needs. We take pride in our ability to provide quality service to our clients and feel you will be greatly pleased with the selection of our firm. On the following pages we present our anticipated scope of work, hourly fees, an estimate of the cost of our services, general conditions, and contract. Again, we appreciate the opportunity to provide you with services on this project. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at (360) 598-2126. The following items are included as an Attachment: ® Attachment A — Agreement for Engineering Consulting Services, Construction Observation, & Materials Testing Services (Pages 1 — 4) ® Attachment B — Budget Estimate Respectfully submitted, KRAZAN & ASSOCIATES, INC. Wes A. Mahan Operations Manager Peninsula Division wesmahan@krazan.com Offices Serving The Western United States 1230 Finn Hill Rd NW STE A • Poulsbo, WA 98370 • (360) 598-21260 Fax (360) 598-2127 Page 40 of 188 T18117WAP - proposal-docx KA Proposal No. TI8117WAP May 21, 2018 Page 2 of 4 PROJECT DESCRIPTION The project as we understand it consists of installing 32' x 20' CMU filter building with metal roof, filtration system, a new 20'x 24' x F deep below grade concrete clear well, site piping, fitting and valves, a dehumidifier, heater, and exhaust fans , a new generator and concrete pad, new electrical and controls, modification to the existing clear weir, replacement of vertical turbine pumps, electrical systems upgrades , replacement of existing hypochlorite generator system, demolition of existing restrooms and construction of new restrooms, and new sewer and manholes SCOPE OF WORK The Scope of Work listed below is based on our review of the plans dated Dec 2016. Geotechnical recommendations are to be provided by others. Structural Reinforcing Steel Iusueetion — The inspector will monitor placement of structural reinforcing steel and embedment's to verify compliance with project requirements for correct size, grade of steel, location, and clearance to forms and/or earthwork. Structural Reinforced Concrete Inspection — The inspector will monitor placement of cast in place concrete to verify adherence to proj ect specifications. Each load, as required, will be checked for proper mix design and adherence to slump requirements. Air content testing is available upon request. Concrete specimens will be cast, transported, and cured as per applicable ASTM requirements. Five (5) cylinders will be cast for each 150 cubic yards of each separate mix design of concrete, or fraction being placed each day. Structural Pro rieta Aughor Epoxy Dowel Inspection — The inspector will verify structural anchor and epoxy dowel installation. Inspection will include depth, diameter, and cleanliness of hole. The inspector will periodically verify that the mixing and application of two-part epoxy is per manufacturer recommendations. If conditions warrant, test cubes will be cast of the mixed two-part components to verify setting of mixture. This may include inspection of life safety, pressurized piping, access flooring, and emergency equipment (emergency generators) anchors. Structural Reinforced Masonry Inspection — The inspector will periodically monitor erection of structural masonry and verify compliance with project specifications. The inspector will monitor masonry layout for reinforcement, centering, and placing of mortar and grout. The mixing of mortar will be periodically observed and samples made for laboratory analysis. Inspection of grouting mix will include verification of compression strength using full size masonry prisms. Grouting of cells will be monitored and specimens cast. Structural Steel Inspection — The inspector will inspect fabrication (if required) and erection of structural steel members. Inspections at the fabrication plant will include verifying that materials used match the mill tests or affidavits of test reports; that fabrication, welding procedures, surface preparation, and shop painting meet specifications; and that the work in progress conforms to project requirements. The inspector shall visually check fabricated steel delivered to the job to confirm that the work is in compliance with approved shop drawings and shall make any physical tests, measurements, etc., believed to be necessary, and shall witness and report all corrections performed by the steel fabricator. The inspector will verify welding procedures and welder qualifications. Krazan's inspector may be present at all times during steel erection on site. The inspector will also verify weld quality in accordance with American Welding Society (AWS) codes. All welds shall be visually inspected. Ultrasonic (UT) tests will be performed on 100% of all complete penetration welds and 100% of all partial -penetration column splice welds. UT tests will also be performed where the base metal is thicker than 1-1/2 inches, when subjected to through -thickness weld shrinkage strains. The joint shall be ultrasonically inspected for discontinuities directly behind such welds after joint completion. Magnetic Particle (MP) tests shall be performed on fillet welds 5/16 inch and larger. The inspector shall perform magnetic particle testing in accordance with ASTM E709 for any questionable welds. Inspections of high strength bolting will be monitored for proper installation and tensioning of all high strength bolts will be verified as per the requirements of the current edition of the "Specification for Structural Joints Using ASTM A325or A490 Bolts." For connections using high -strength bolts installed using Load Indicating Washers, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and verify the minimum Krazan & Associates, Inc. Offices Serving Th�eeWesotte�BUnited States KA Proposal No. TI8117WAP May 21, 2018 Page 3 of 4 specified bolt tensions visually and by using a feeler gauge on a few bolts in each connection (10 percent or two bolts, whichever is greater). For connection using high -strength tension control bolts, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and will performed visual inspection on 100% of the high -strength bolts for properly installed tension. Firm & Unyielding Inspection - The inspector will periodically witness the excavation of material to the foundation level to verify that the foundations are on firm and unyielding material. When over excavation inspection is required, the Geotechnical Engineer of Record shall provide recommendations. If the project does not have a Geotechnical Report, or an assumed bearing value, a Limited Geotechnical Investigation Report may be required. Soil Compaction Testing - The inspector will periodically observe and monitor placement and compaction of all structural fills during mass grading of site / in building pad / pavement areas. In -place soil densities and moisture contents will be measured using a nuclear densometer to check for compliance with the compaction specifications. Representative samples of the fill soils will be collected for laboratory testing. Samples of on -site and import fill soils will be tested in accordance with ASTM D1557 (Modified Proctor) to determine the maximum compacted unit weight and optimum soil moisture content for use in compaction testing. Additional testing of the soils samples to confirm compliance with the required physical properties may include: Sieve Analysis (coarse and fine); Atterberg Limits; Hydrometer; Sand Equivalent; CBR; Organic Content. Specific tests that are anticipated to be performed are listed in the Cost Estimate. Report Preparation - Krazan & Associates will process both field and laboratory data. A copy of each report will be e-mailed on a weekly basis, as a minimum. As required by the ICC, reports will be distributed to the client, the project architect or engineer and to the building official or as directed by the client. Our inspectors will provide immediate verbal notification of field tests and inspection results to your designated on -site representative and the contractor. The inspector will prepare a written report after each inspection prior to leaving the site. Final reports of field inspections and laboratory analysis will be reviewed by the Krazan & Associates project manager before subsequent submittal to the project team members. Project Management - The project manager assigned to this project will track inspection data and costs and provide the project design team with status reports when requested. The project manager will oversee and direct all phases of inspections and supervise and direct all Krazan & Associates personnel associated with this project. Professional Engineer Review - The Professional Engineer assigned to this project will maintain control of all resources, ensure project manager requests for additional support are met, monitor budget, client satisfaction, and provide senior technical council and guidance to project manager and lead inspectors per ASTM E329. He will monitor the project on a regular basis; communicate with owner on an as needed basis. He will perform technical review of the field reports and laboratory test results. FEE STRUCTURE We will perform the services listed above on a time and material basis in accordance with our 2018 standard rate schedule. Based on the scope of work described in this proposal and our experience with similar projects, Krazan & Associates' estimates the costs for testing and inspection services to be about $7,782.00. A detailed breakdown of this cost estimate is attached as Attachment B. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan & Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximate.-Tire-estimate7rrmYided-herein-does n t-imply-a4wniirsum-fee,-net�exeeed-fee ranteed maxi nsistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined h?i and quantified. Krazan & Associates, Inc. Offices Serving The Western United States Page 42 of 188 KA Proposal No. TI8117WAP May 21, 2018 Page 4 of 4 COORDINATION The above scope of services will be performed when scheduled by the General Contractor or the client's designated representative. Proper scheduling is imperative to the success of the special inspections program. Krazan & Associates cannot take responsibility for work that has not been inspected if we have not been scheduled nor can we take responsibility for delays due to insufficient lead-time in scheduling inspections. We recommend that the person scheduling the inspections contact our office prior to the job starting to discuss required inspection and scheduling procedures. CONDITIONS Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request. 2. This offer terminates ninety calendar days from the date of issue, unless otherwise stated and agreed. 3. Inspections which are cancelled with less than twenty-four (24) hours' notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested. 4. All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed. 5. Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate. 6. Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site. Krazan & Associates, as a professional services firm, is typically not subject to the prevailing wage agreements. Should by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new proposal will be provided to account for additional services and increased wage rates associated with the ruling. This includes any apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements and/or certified payroll. These items were excluded from this proposal. This estimate is based on the assumption that structural steel and wood panels will be fabricated in a local (within a 25 mile radius of an existing Krazan & Associates office) AISC Certified structural steel or ICC wood fabrication facility. Should fabrication occur in a non -certified facility, additional costs for travel, time, mileage and/or per -diem will be charged. Krazan & Associates, Inc. Offices Serving _'he W4 esrmUnited States age 3 o Back to Agenda AGREEMENT FOR ENGINEERING CONSULTING SERVICES, CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, INC, hereinafter referred to as "Consultant", and City of Port Orchard , hereinafter referred to as "Client." This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled "Well No. 9 ," file number T18117WAP , dated May 21, 2018 ("PROPOSAL"), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Poulsbo, WA, is effective as of the date this Agreement is countersigned by Krazan & Associates, Inc, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. The parties agree as follows: 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to perform construction Work on the Project for which Consultant is providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution 1.5. Services. The professional services provided by Consultant as set forth in this Agreement, as included in Consultant's PROPOSAL and any written Change Order, Task Order or amendment to this Agreement, and Consultant's professional services as scheduled by Client's contractor through oral or written communication. 1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the Work described in the Contract Documents. 1.7. Fee Schedule. Consultant's standard annual fee schedule unless project specific fee schedule is provided. 1.8 Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant's professional judgment, general requirements. 1.9 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials. 2. SCOPE OF SERVICES 2.1. Services Provided, Scheduling. Consultant will provide construction materials testing and inspection services as set forth in the PROPOSAL and any additional services requested by Client by oral or written request (Scope of Services). Client or their designated agent shall cause all required tests and inspections of the site, materials and work performed by their Contractor to be scheduled no less than one full work day prior to the time when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party for tests or inspections not performed due to inadequate scheduling notice provided to the Consultant by Client. 2.2. Changes in Scope. Client may request changes in the scope of services indentified in the PROPOSAL. Such changes, including any additional types of Work to be inspected and/or tested, or any change in Consultant's compensation or time of performances, which may be requested in writing or orally and which are mutually agreed upon by Consultant and Client, will be incorporated in this Agreement. All Services performed by Consultant on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the PROPOSAL, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 15, "Disputes " 2.3. Excluded Services. Consultant's Services under this Agreement include only those Services specified in the PROPOSAL, and those services subsequently requested by Client and agreed to by Consultant. Client expressly releases any claim against Consultant relating to any additional Services that Consultant recommended or that the project designer or Building Official required, but that Client either did not authorize or instructed Consultant not to perform 2.4. Authority of Consultant. Consultant will report observations and data to the Client and the General Contractor. Consultant will report any observed work to the Client or Client's representative, which, in Consultant's opinion, does not conform with plans, specifications, and codes applicable to the Project Consultant has no right or responsibility to approve, accept, reject, or stop work of any agent of the Client 2.5. Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by Consultant will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. Client recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of Consultant, even if performed on a continuous basis, should not be interpreted to mean that Consultant is observing, verifying, testing or inspecting all materials on the Project. Consultant is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. Consultant may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas. 2.6. Sampling, Inspection & Test Locations. Unless specifically stated otherwise, the Services do not include surveying the Site or precisely identifying sampling, inspection or test locations. Sampling, inspection and test locations will be based on field estimates and information furnished by Client and its representatives Unless stated otherwise in the report, such locations are approximate. Consultant will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the PROPOSAL 2.7. Independent Contractor. Consultant will perform Services under this Agreement as an independent contractor 3. PAYMENTS TO CONSULTANT 3.1. Basic Services. Consultant will perform its services on a time and materials basis unless alternate payment terms are specifically stated in the PROPOSAL. 3.2. Additional Services. Any Services performed under this Agreement, including increased hours or units for those Services expressly identified in the attached PROPOSAL, and any additionally requested inspection and/or testing tasks, will be provided on a time and materials basis at the rates established for the project unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. Testing and Inspection services are highly dependent on contractors' schedules, weather, overlapping of work and many other factors. Client recognizes that changes in scope and schedule, and unforeseen circumstances, Contractor performance and production of the Work can all influence the successful completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant's Services shall continue on a time and materials basis to completion of the Services unless directed otherwise by Client Furthermore, the provision of a "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the "not to exceed" limitation amount without notifying Client in writing that the "not -to -exceed" amount has been reached and that Services will continue on a time and materials basis unless directed by Client to discontinue any further Services Consultant Project Manager charges are above and beyond unit rates quoted. 3.4. Rates. Client will pay Consultant at the rates set forth in the PROPOSAL and Fee Schedule. 3.4.1. Billing Increments. A three 3 hour minimum, portal to portal charge per call, applies to all Consultants services. Services beyond the initial minimum billing increment will be billed in increments of one 1 hour(s) for the first 8 hours and at increments of one hour thereafter for each day's Services for each assigned technician. 3.4.2. Billing Rate Premiums. Services initiated between the hours of 5:00 a m- and 4:00 p.m. will be performed at the standard rates presented in the PROPOSAL and Fee Schedule. Services initiated outside of these hours will be billed at the appropriate rate plus a premium of 12.5 percent. Additionally, services rendered on Saturdays or in excess of 8 hours on any week day will be billed at time and a -half the hourly rate. Services rendered on Holidays, Sundays, COMT 2018.1 Page 1 of 4 / T18117WAP - agreement - May 21, 2018.docx Please initial Page 44 of 188 Back to Agenda or in excess of 8 hours on a Saturday or in excess of 12 hours on any weekday will be charged at double the hourly rate. Late cancellation may be subject to reasonable charges if personnel cannot be appropriately reassigned. 3.4.3. Changes to Rates. Client and Consultant agree that the rates presented in the PROPOSAL and the Fee Schedule are applicable only through December 31 of the year published, unless stated otherwise in the PROPOSAL, and are subject to periodic review and amendment, as appropriate to reflect Consultant's then -current fee structure. Unless otherwise provided for in the PROPOSAL, where projects are on -going beyond December 31 of the year the services were initiated, the rates presented in the PROPOSAL and Fee Schedule are subject to an annual cost of living adjustment based on the consumer price index for the geographic area where our services are being provided. Notwithstanding the foregoing, where Prevailing Wage regulations apply Consultant's labor rates are subject to revision based on determinations made by the governing agency. Where labor rates are increased during the course of the project Consultant's billing rates presented in the PROPOSAL and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or benefits rate increases unless otherwise stipulated in the PROPOSAL. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Section 14, "Termination." 3.4.4. Prevailing Wages. Unless Client specifically informs Consultant in writing that prevailing wage regulations cover the Project and Client provides Consultant with the applicable Determination that includes Client's Services, and the Scope of Services identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorneys' fees 3.5 Expenses. Miscellaneous out-of-pocket charges, such as parking, air fare, car/equipment rental, mailing, shipping, subcontractor charges, etc., will be charged on a cost plus overhead basis On remote jobs or at fabrication facilities, subsistence, when not furnished, will be an additional charge. 3.6. Payment Timing; Late Charge. Consultant will submit invoices to Client periodically, but no more frequently than every two (2) weeks. All invoices are due and payable upon receipt Upon Consultant's approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice The invoice amounts shall be presumed to be correct unless Client notifies Consultant in writing. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount. Consultant reserves the right to apply payments to Client's outstanding invoices from oldest to most recent regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Consultant reserves the right to require payment in full on any and all invoices on Client's account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports. All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant's release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant's right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. Client's failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a breach of this Agreement. If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice maybe charged plus $1 per page of back-up data. 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1 Professional Standards. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant will perform the Services consistent with that level of care and skill ordinarily exercised by other professionals providing similar services in the same locale and under similar circumstances at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service 4.2. Level of Service. Consultant offers different levels of construction observation, inspection and materials testing Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes. Client has reviewed the PROPOSAL and has determined that it does not need or want a greater level of Services than that specifically identified in the PROPOSAL. 4.3. No Warranty. Client recognizes the inherent risks connected with site development and construction activities, and understands when signing that those risks are not entirely eliminated through the services of Consultant Consultant's tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. Therefore, in signing this Agreement the Client understands that Consultant neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant. 5. CONTRACTOR'S PERFORMANCE Consultant is not responsible for Contractor's means, methods, techniques or sequences during the performance of its Work. Consultant will not supervise or direct Contractor's Work, or be liable for any failure of Contractor to complete its Work in accordance with the Project's plans, specifications and applicable codes, laws and regulations. Client understands and agrees that Contractor, not Consultant, has sole responsibility for the safety of persons and property at the Project Site Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare. 6. CLIENT'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 6.1. Access. Grant or obtain free access to the Project Site for all equipment and personnel necessary for Consultant to perform its Services under this Agreement. 6.2. Relevant Information. Supply Consultant with all information and documents relevant to Consultant's Services. Consultant is entitled to rely upon such information without verifying its accuracy. Client will notify Consultant of any known potential or possible health or safety hazard regarding the materials to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers' specifications and literature, and any previous test results. 6.3. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner's interest therein, and the identity and address of any construction lender. 7. CHANGED CONDITIONS If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Section 14, "Termination " 8. ALLOCATION OF RISK 8.1. Limitation of Liability. The total cumulative liability of Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities"), to Client and its successors and all parties included as additional insured on Consullant's insurance policies and al of their respective shareholders, directors, officers, employees and agents (collectively `Client Entities') arising From or relating to Services under this Agreement, including attorney's fees due under this Agreement, will not exceed the gross compensation received by Consultant under this Agreement or five thousand dollars f$5.000.001 whichever Is greater; provided, however, that such liability is further limited as described below. This COMT 201a 1 Page 2 of 4 T18117WAP - agreement - May 21, 2018.docx Page 45 of 188 Please initial Back to Agenda limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in Consultant's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Consultant's fee, provided that they amend this Agreement in writing as provided in Section 16. Consultant Entities and Client Entities also agree that the Client Entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join Consultant as a third -party defendant 8.2. Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities") from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and costs of defense) or other losses (collectively "Losses") except to the extent caused by the sole negligence of Consultant. In addition, except to the extent caused by Consultant's negligence, Client expressly agrees to defend, indemnify and hold harmless Consultant Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material 8.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement 8.4. Continuing Agreement. The provisions of this Section 8, "Allocation of Risk," will survive the expiration or termination of this Agreement. If Company provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 8 will apply to such Services as if the parties had executed an amendment 8.5. No Personal Liability. Client and Consultant intend that Consultant's Services will not subject Consultant's individual employees, officers or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant" on the first page of this Agreement. 9. INSURANCE 9.1. Consultant's Insurance. Consultant carries Statutory Workers' Compensation and Employer's Liability Insurance; Commercial General Liability Insurance for bodily injury and property damage; Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles; and Professional Liability Insurance. Certificates of insurance can be furnished upon written request but may not be processed unless accompanied by a signed Agreement. Client agrees not to withhold payment to Consultant for Client's failure to make such a timely request and such requests may not be honored if made after final completion of authorized Services. Additional charges may apply for Waiver of Subrogation and Additional Insured Endorsements. Consultant assumes the risk of damage caused by Consultant's personnel to Consultant's supplies and equipment 9.2. Contractor's Insurance. Client shall require that all Contractors and subcontractors for the Project name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies If Client is not the Project owner, Client will require the Project owner to require the owner's Contractor to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and Employer's Liability insurance with limits no less than as set forth above, and to name Consultant and its subcontractors and subconsultants as additional insureds on the General Liability insurance. Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein. 10. OWNERSHIP AND USE OF DOCUMENTS 10.1. Use of Documents. Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity, other than the project Architect, Structural Engineer, General Contractor and Building Department, without Consultant's prior written consent. 10 1.1 Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project. 10 1.2 Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose 10.2. Electronic Media. Consultant may agree at Client's request to provide Documents and information in an electronic format as a courtesy. However, the paper original issued by Consultant will remain the final documentation of the Services 10.3. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Consultant's express prior written consent and receipt of additional compensation. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant's prior written consent. 11. SAMPLES Consultant will dispose of all samples collected during the construction phase of the project immediately upon completion of testing. Upon request received prior to the initiation of testing, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge. All samples shall remain the property of the Client and, in the absence of evidence of contamination, Consultant shall dispose of samples for the Client. Client shall be responsible for and promptly pay for the removal and lawful disposal of all contaminated samples and hazardous materials and other hazardous substances, unless otherwise agreed in writing. 12. ASSIGNMENT AND SUBCONTRACTS During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of others without obtaining Client's consent if Consultant deems it necessary or desirable for others to perform certain Services. 13. SUSPENSION AND DELAYS 13.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Consultant Consultant may terminate this Agreement if Client suspends Consultant's Services for more than 60 days and Client will pay Consultant as set forth under Section 14, "Termination." If Client suspends Consultant's Services, or if Client or others delay Consultant's Services, Client and Consultant agree to equitably adjust: (1) the time for completion of the Services; and (2) Consultant's compensation in accordance with Consultant's then current Fee Schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit during the delay or suspension, or charges incurred by Consultant for demobilization and subsequent remobilization. 13.2. Liability. Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant's control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, "acts of God," adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market 14. TERMINATION 14.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party. 14.2. Termination for Cause. In the event of material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non -breaching parry's written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period. 14.3. Payment on Termination. Following termination other than for Consultant's material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant's then current Fee Schedule. COMT 2018.1 Page 3 of 4 i T18117WAP - agreement - May 21, 2018.docx Please initial Page 46 of 188 Back to Agenda 15. DISPUTES 15.1. Mediation. All disputes between Consultant and Client, except those involving Client's failure to pay undisputed invoices as provided herein and excluding Consultant's perfection of any mechanic's lien, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association 15.2. Precondition to Other Action. No action or suit, except those involving Client's failure to pay undisputed invoices as provided herein and excluding Consultant's perfection of any mechanic's lien, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice If the matter is referred to arbitration, the arbitration shall be conducted in Kitsap County, Washington The arbitrator shall be appointed within 60 days of the arbitrators' receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney's fees related to the arbitration. 15.3. Choice of Law, Venue. This Agreement will be construed in accordance with and governed by the laws of the state of Washington. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Kitsap County, Washington Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses. 15.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims 16. MISCELLANEOUS 16.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 16.2. Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 16.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail with return receipt -(postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement 16.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 16.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. 16.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience 16.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant's services are rendered If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered. Further, if Client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered. 16.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding Consultant's Services. 16.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein. 17. ENTIRE AGREEMENT This Agreement between the parties consists of these Terms, the PROPOSAL by the Consultant, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties The terms of this Agreement will prevail over any different or additional terms in Client's purchase order or other forms provided by Client to Consultant as part of the authorization process unless agreed in writing by Consultant. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. Consultant's acceptance of this Agreement is pending credit review and a retainer fee may be required. Client: CITY OF PORT ORCHARD Consultant: KRAZAN & ASSOCIATES, INC. Signature Name (Please Print) Title Date Signature Name (Please Print) Operations Manager Title - Date COMT 2018.1 T18117WAP - agreement - May 21, 2018.docx Page 4 of 4 Page 47 of 188 Please initial Back to Agenda ..r I I I Krazan1%m Estimated Fees for Continuous and Periodic Special Inspection and Materials Testing Services Well No. 9 Item 1 Vanzee Park -1670 Sidney Ave Port Orchard, WA 98367 5/21 /2018 KA Proposal No.: T18017WAP Earthwork Quality Control Services Trips/Tests Hours Rate Total Compaction Testing: Building Pad 2 trips 6 $ 60.00 $ 360.00 Compaction Testing: Sewer 2 trips 6 $ 60.00 $ 360.00 Firm & Unyielding (T-Probing, no investigation) 2 trips 6 $ 75.00 $ 450.00 Subtotal 1 $ 1.170.00 Concrete & Masonry Quality Control Services Trips/Tests Hours Rate Total Concrete Sampling: Footin s/Bollards 1 trips 4 $ 60.00 $ 240.00 Concrete Sam lin : Slabs/Floors 2 trips 8 $ 60.00 $ 480.00 Concrete Sampling: Walls/Columns 2 trips 8 $ 60.00 $ 480.00 Masonry Inspection: Walls 2 trips 8 $ 65.00 $ 520.00 Inspection of Mason Grouting 3 trips 4 $ 60.00 $ 240.00 Reinforcing Steel Placement Inspection: Footings 1 trips 3 $ 60.00 $ 180.00 Reinforcing Steel Placement Inspection: Slabs/Floors (excludes PT) 2 trips 2 $ 60.00 $ 120.00 ,Reinforcing Steel Placement Inspection: Walls/Columns 2 trips 2 $ 60.00 $ 120.00 Inspection of Post -Installed Anchors/Dowels (Epoxy, Expansion) 2 trips 12 $ 60.00 $ 720.00 1 *Assumes batch plant is NRMCA certified and batch plant inspection are not required Subtotal $ 3,100.00 Structural Steel Qualitr Control Services Trips/Tests Hours Rate Total Weldin Inspection: Field 1 trips 4 $ 85.00 $ 340.00 ** Assumes fabrication shop is within 35 miles of Krazan's Poulsbo Office Subtotal $ 340.00 Laboratory - Soils S Aggregate Tests Hours Rate Total Maximum Density/Optimum Moisture ASTM D1557) 2 each N/A $ 200.00 $ 400.00 Sieve Analysis Coarse (ASTM C136) 2 each N/A $ 110.00 $ 220.00 Subtotal $ 620.00 Laboratory - Concrete & Masonry Tests N/A Rate Total Compression Test: Concrete 4" x 8" ASTM C39 25 each N/A $ 20.00 $ 500.00 Compression Test: Grout 2 x 2 cubes (ASTM C942) 20 each N/A $ 25.00 $ 500.00 Subtotal $ 1,000.00 Miscellaneous I Trips/Tests I Hours Rate Total Sample Pick Up: Project Site 5 each N/A $ 50.00 $ 250.00 Vehicle Round Trip Charge (associated mileage) 24 each I N/A $ 23.00 $ 552.00 Subtotal $ 802.00 ,Project Support Services Trips Hours Rate Total Project Administration N/A 4 $ 55.00 $ 220.00 Assistant Project Manager N/A 2 $ 75.00 $ 150.00 Project Manager N/A 4 $ 95.00 $ 380.00 Subtotal $ 750.00 Estimated Total Cost: $ 7.782.00 Krazan and Associates 5/21/2018 Page 48 of 188 ATTACHEMENT B 5/21/2018 rnr3F�r� NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal number T18117WAP May 21, 2018 which are inclusive by reference. A 2-hour minimum charge, portal-to-portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost estimate should be considered approximate. Krazan & Associates does not control the work or production rate. Therefore, the estimate provided above does not imply a lump sum fee, not -to -exceed fee or guaranteed maximum price. This cost estimate does not include overtime, retests, or change in conditions or schedule. Krazan and Associates 5/21/2018 Page 49 of 188 Back to Agenda This Page Intentionally Left Blank Page 50 of 188 Back to Agenda rw, City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Aeenda Staff Resort Agenda Item No.: Consent Agenda 4D Meeting Date: Subject: Approval of a Contract with the Port Prepared by: Orchard Independent as the City's Official Newspaper Atty Routing No: Atty Review Date: June 12, 2018 Brandy Rinearson, MMC City Clerk N/A N/A Summary: RCW 35A.40.210 and 35.23.352(7) requires each city or town designate an Official City Newspaper of general population less than 20,000. The newspaper shall be of general circulation within the city or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was published on Friday, May 18, 2018, with bids being received by 4:00pm, Thursday, June 7, 2018. The City received the following bid: Port Orchard Independent: Cost per single column inch $2.40 Cost per additional line $0.24 Width of column in inches 1" Circulation Numbers: City of Port Orchard (within city limits) 9,140 South Kitsap Urban Growth Area 2,000 Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends authorizing the Mayor to execute a contract with Port Orchard Independent as the City's Official Newspaper, as they are the lowest and only responsive bidder. Motion for consideration: I move to authorize the Mayor to execute an agreement with Port Orchard Independent as the City's Official Newspaper as presented. Fiscal Impact: Funds have been designated for publications as part of the 2018 Budget. Alternatives: None. Attachments: Contract and bid documents. Page 51 of 188 Back to Agenda This Page Intentionally Left Blank Page 52 of 188 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 BID AND CONTRACT DOCUMENT The City of Port Orchard, upon award, will sign the document and return one copy to the successful bidder; that will become the contract between the City and the Newspaper. All documents referenced therein become part of the contract by their reference. The bidder understands that the bid includes: 1. For the purposes of publication verification, a subscription to the newspaper printed by the successful bidder at no cost to the City. 2. Affidavit of publication for each item published at no cost to the City. 3. The City will not pay for any ad which is improperly run. The successful bidder will re -run an improperly run ad at its expense. 4. The successful bidder shall furnish an itemized statement of the City's account monthly, listing the invoice number, item(s) published, and the total amount of each invoice. 5. Bidder must fill in all spaces. Bids must be submitted on this form: a. Cost per single column inch b. Cost for addition line c. Width of column in inches $ _2. $ .2 Lr n 6. Provide the circulation numbers within City limits, as well as inside the South Kitsap Urban Growth Area : Circulation Number within City Limits: Lq o Circulation Number within the South Kitsap Urban Growth Area: 7. Term: Bid shall be for the period of July 1, 2018 through June 30, 2019, Official Newspaper Bid -Contract 2018/2019 Page 1 of 2 Page 53 of 188 Back to Agenda 8. The City of Port Orchard reserves the right to reject any or all proposals in its sole discretion. The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below and further states that the corporation, partnership, or sole proprietorship is bound by the above offer. Legal Newspaper: Fo, , - c3a-�(Ay- . __Tv,\AeY)-ev\Je,,,± Print/Type Name of Newspaper SIA_Z ,_ I-), Print/Type Signature Name Business Street Address / a Date City ` State Zip 36o - e9b- 4 LI) Ll sagc+ti4 aiy, , Phone No. fax No. Email The following is to be completed if the bid has been awarded by the Port Orchard City Council: ATTEST: By: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM A Sharon Cates, City Attorney Robert Putaansuu, Mayor DATED: Official Newspaper Bid -Contract 2018/2019 Page 2of2 Page 54 of 188 Back to Agenda Paid Circulation Qualified Circulation Verified Circulation Total Home Single Avg. Total Total Total Delivery Copy Individually Avg. Home Single Avg. Home Public Avg. Total Publication Frequency &Mail Sales Paid Paid Delivery Copy Qualified Delivery Access Verified Avg. Ciro. Auburn Reporter Fri 17 17 17 20 20 20.072 3,680 23,752 23,789 Bainbridge Island Review Fri 11905 249 2,154 2,154 58 58 2,212 Bellevue Reporter Fri 18 18 18 27 27 29,865 5,153 35,018 35,063 BotheIVI(enmoreReporter BD -Monthly 42 42 42 16 16 21,363 2,633 23,996 24,054 Bremerton Patriot Fri 40 111 211 211 5 5 9,689 630 10,319 10,535 Central Kitsap Reporter Fri 101 86 187 187 13 13 14,066 469 14,535 14,735 Covington/Moe Valley/ Black Diamond Reporter Fri 10 10 10 14 14 22,750 1,350 24,110 24,134 Enumclaw Courier Herald Wed 684 185 869 869 11 11 23,731 261 23.992 24,872 Federal Way Mirror Fri 396 452 846 848 26 26 27,619 509 28,128 29,002 Forks Forum Thu 132 16 148 148 4,2944 4,294 4,442 Island's Sounder Wed 759 459 1,218 1,218 6 6 1,224 Island's Weekly Tue 34 8 42 42 1,846 1,846 11888 Issaquah/Sammamish Reporter Fri 8 8 8 4 4 22,637 1,635 24,172 24,184 Journal of the San Juan Islands Wed 766 495 1,260 1,260 35 35 1.295 Kent Reporter Fri 25 25 25 49 49 22,638 1,921 24.559 24,633 Kingston Community News Monthly 1 1 1 8,426 535 8,961 8,962 Kirkland Reporter Fri 17 17 17 16 16 22,390 2,613 25,003 25,036 KitsapMilitary Times Monthly 50 50 50 8,392 8,392 8,442 La Raza Fri 20,000 20.000 20.000 Mercer Island Reporter Wed 2,636 137 _ 2.773 2,773 2,773 North Ki sap Herald Fri 302 255 557 557 11 11 10,208 567 10,T75 11,343 Okanogan Valley Gazette Tribune Thu 836 511 1,341 1,347 1,347 Port Orchard Independent Fri 547 321 868 868 19 19 16,033 361 16,394 17.281 Redmond Reporter Fri 9 9 9 19 19 19,465 2,838 22,303 22,331 Renton Reporter Fri 24 24 24 31 31 21,443 2,981 24,424 24,479 Sequim Gazette Wed 3,259 462 3,721 3.721 6 72 78 3,799 SnoqualmieValley Record Wed 243 85 328 328 2 2 t0,725 298 11,023 11,353 South Whidbey Record Wed & Sat 2,291 565 2,856 2,856 3 3 Z859 Sumner Courier Herald Monthly 3,356 280 3,636 3,636 Tukwila Reporter Monthly 9,983 9,983 385 385 10,368 Vashon/Maury Island Beachcomber Wed 2,007 736 2,743 2,743 5 5 30 30 2,778 WhtdbeyCrosswind Monthly 5 5 5 6,153 6,153 6,158 Whidbey Examiner Thu 543 150 693 693 35 35 728 Whidbey Hot Sheet Wed 6,366 6,366 6,366 Whidbey News Times Wed &Sat 3,178 667 3,845 3,845 5 5 316 316 4,166 Page 2 of 3 - 51-7000-5 Alliance for Audited Media Page 55 of 188 Back to Agenda PERIOD ENDINGDA� December 31, 2016 DIGITAL CIRCULATION Digital circulation reported in Par. i Is comprised of the following: Digital Publication Nonreplica Bainbridge Island Review (Fri) 441 Mercer Island Reporter (Wok 228 Sequim Gazette (Wed) 315 South Whidbey Record (Avg Wed & Sat) 412 VashonNaury Island Beachcomber (Wed) 315 Whidbey Examiner (Thu) 50 Whidbey News Times (Avg Wed & Sat) 582 PRICING INFORMATION Auburn Reporter. By Mail, 1 year $50.00. Bainbridge Island Review: By Mail,1 year $48.00. Single Copy, $0.75. Bellevue Reporter. By Mail,1 year $49,95. Bothell/Kenmore Reporter. By Maiil,1 year $50.00. Bremerton Patriot: By Mail,1 year $40.00. Single Copy, $0.50. Central Ntsap Reporter. By Mail,1 year $60.00. Single Copy, $0.50. CovingtordMaple Valley/Black Diamond Reporter: By Mai,1 year $50.00. Enumclaw Courier Herald: By Mall,1 year $39.00. Single Copy, $0.75. Federal Way Mirror: By Mail,1 year $65.00. Single Copy, $0.75, Forks Forum: By Mail,1 year $33,00, Single Copy, $0.25. Island's Sourider: By Mall, 1 year $38.00. Single Copy, $0.75. Island's Weekly: By Mail,1 year $28.00. Single Copy, $0.45. Issaqual4ammamish Reporter: By Mail,1 year $50.00. Journal of the San Juan Islands: By Mail,1 year $38.00. Single Copy, $0,75. Kent Reporter. By Mail,1 year $49.95. ICtrkland Reporter. By Mail, 1 year $50.00. Kitsap Military Times: By Mail,1 year $24.00. Mercer Island Reporter: By Mail, 1 year $39.00. Single Copy, $0.75. North Kffsap Herald: By Mail. 1 year $60.00. Single Copy, $0.50. Okanogan Valley Gazette Tribune: By Mail,1 year $30.50. Single Copy, $0.75. Port Orchard Independent: By Mall,1 year $60.00. Single Copy, $0.50. Redmond Reporter. By Mail,1 year $50.00. Renton Reporter: By Mail ,1 year $50.00. Sequin Gazette: By Mail,1 year $38,00, Single Copy, $0.75, Snoqualmie Valley Record: By Mail ,1 year $29.95. Single Copy, $0.75. South Whidbey Record: By Mail,1 year $45.00. Single Copy, $0,75. VashonlMaury Island Beachcomber: By Mail,1 year $30.00. Single Copy, $0,75. Whidbey Crosswind: By Mail,1 year $29.95. Whidbey Examiner. By Mail,1 year $19.50. Single Copy, $0.50. Whidbey New Times: By Mail,1 year $45.00. Single Copy, $0.75. Stephen Barrett, Director of National and Regional Sales Telephone (360) 3MB33 2700 Richards Road, Suite 201 Bellevue, WA 98005 entail: sbarrett@soundpublishing.com We certify that to the best of our knowledge all data set forth in this Quarterly Data Report are true and report circulation in accordance with the Certified Audit of Circulations, Inc. Parent Company: Sound Publishing, Inc. SOUND PUBLISHING, published by Sound Publishing, Inc. • 2700 Richards Road, Suite 201 - Bellevue, WA 98005 DIANE M. SHAVER GLORIA FLETCHER C.I.S. Manager President Page 3 of 3 - 51-7000-5 Certified Audit of Circulations Copyright02017 NI rights reserved Page 56 of 188 ' S Back to Agenda I 22 23 24 25 26 27 28 1� t� S 411 0oirr,�7Y 2 U6. 3IN TI- SUPERIOR COURT OF THE STATE OFGTON FOR KITS UDENSTEIq 5 In Re the Matter of, '6 KITS -AP NEWSPAPER GROUP Petitioner, No. 98 .2 00111 ORDER OF APPROVAL AS A LEGAL NEWSPAPER On motion of attorneys for petitioner for approval of the Kitsap Newspaper Group as a• legal publication per the provisions ofRCW 65.16.020, and the court h,,,jng mad the sworn declaration of . Michael Shepard, and having heardargument of counsel, and being otherMse -advised in the'preznises; and having found drat the Court has jurisdiction over this matter under RCW 65.16.040, it is hereby ORDF-RF-D: that the Kitsap Newspaper Group, its five publications presently being dis bated throughout the County, gamely The port Orchard independent, the Central Kitsap Reporter, the Navy News, the- Worth Mtsap ki'earld, and thei3ainbridge jsland Review, and any ;future publications bearing the same characteristics as theso publications and published by said Ritsap Newspaper' Group, are herzby approved as "legal publications" as qualified under RCW 65.16.020, for the purposes 'of Publishing .legal notices to residents of Kitsap County, and for any other purposes relevant to qualification, as a legal publication in this County. DATED THIS day of January, 1998. OMER APPROVING A LEGAL NEWSPAPER Page I fin D i ri 0 R I G-1, N.A. L -RMMCOMNIIS SIGNER MAGDERMlD LMMTDUHAWAY,tMop,r ' P.S. soma 103, sussAYSKaaa Mnm XW. MVMAM WAN313 (364) Ls9b�004 Page 57 of 188 Back to Agenda a 4 c 0 c R it Z Ln m - E A c m j 0 1 R ' O C w W at yN C 0 N +� 7� {7 b z R H X 6 CL d $ ° m o [A vv o c O di m > o p a y y v y O0 p �d Z xm x ;� & z 0 Im 3 �> last LE c 8. 0 c a�E G Page 58 of 188 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of May 15, 2018 CALL TO ORDER AND ROLL CALL Mayor Robert Putaansuu called the meeting to order at 6:31 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, Finance Director Crocker, City Attorney Cates, City Clerk Rinearson, and Office Assistant II Whisenant were also present. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Status of Comprehensive Plan Implementation Community Development Director Bond asked Council for feedback on implementation and how to achieve goals. Reviewed accomplishments made in the past budget cycle. Mayor, Councilmembers and staff discussed timelines, needs versus achievable goals, potential Park Board discussion, calculated growth, Code Enforcement focus, staffing needs, grant funding, discussion of considering a Waterfront Historic Overlay District, proposed downtown mixed -use zone, zoning code updates, parking standards, and bicycle design standards. Councilmember Clauson presented a potential consideration of residential redevelopment opportunities. Mayor Putaansuu stated that code restrictions may be prohibitive. Council Direction: No direction was given. Page 59 of 188 Back to Agenda 2. Comprehensive Plan Update Presentation: Utilities and Transportation Finance Director Crocker presented the projects the City is currently working on, their estimated costs, and timelines to completion. Public Works Director Dorsey explained the recommendations for the Storm Water Comp Plan Summary. Mayor, Councilmembers, and staff discussed the current needs with the various ways to address the concerns on current and future projects. As well as, the current projects broken down in the next biennial budget and construction status. Finance Director Crocker noted that no new projects outside of the Comprehensive Plan should be considered at this time. However, City will maintain a list of new projects which carry a status of low priority and can be re-evaluated should any of the higher priority projects slip. Council Direction: No direction was given. 3. Small Cell Facilities Regulations Community Development Director Bond reminded the Council of previous direction with small cell facilities, update on legal counsel review, recent information received to possibly add more changes to regulations and permits. Mayor, Councilmembers, and staff discussed the appearance of the poles with request of visual examples to be provided, clarification on regulations, and status in legislation. Audience member Kim Allen, with the Wireless Policy Group on behalf of Verizon Wireless, informed Council that the State Legislation did not pass this past session and offered to provide Community Development Director Bond with additional information requested by Council. Also, explained the increased level of service speeds that will become available to the consumer upon installation. Council Direction: Staff is to move forward with drafting a code and return to a future work study for further discussion. 4. WSUD Franchise Agreement Update Mayor Putaansuu updated the Council on the determination that WSUD does not have to provide Bonding as part of the franchise agreement, since they are a governmental entity. An agreement reflecting that change will be presented at the next council meeting for consideration. In addition, Mayor and Council discussed a possibility of a utility tax upon the approval of the agreement. Council Direction: No direction was given. Page 60 of 188 Back to Agenda 5. Fourth of July Parade Participation Mayor Putaansuu provided options for Council's entry into the Fathoms 0' Fun Grand Parade. Council Direction: Council chose to not have an entry as many of their schedules conflicts with the date. GOOD OF THE ORDER Mayor Putaansuu presented Council with the option to facilitate the meeting through a process called "unanimous consent", an idea presented through Jurassic Parliament Newsletter. Council Direction: Council decided it was not the route they wanted to go. Mayor Putaansuu presented an interim solution for Public Works staffing needs through a consulting company, which would provide an engineer in training and still allow for recruiting to hire. The contract with the consulting company will be brought forward at the June 12t" council meeting, with possible revisions to the current job description. Mayor Putaansuu informed the council of the Town Hall Meeting coming up on May 29t" regarding the banning of plastic bags. Notified that representatives from the County will be attending and retailers have been invited to attend. Mayor Putaansuu notified the council of an issue with trees buckling the sidewalk on Dekalb Street. Public Works Director Dorsey referenced a previous discussion the council had on sidewalk repair and maintenance responsibility. Councilmember Diener asked for discussion to be held during the Council Retreat. /_\ 13191111.1i:1►Ti1AiJu The meeting adjourned at 8:35 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 61 of 188 Back to Agenda This Page Intentionally Left Blank Page 62 of 188 Back to Agenda City of Port Orchard Council Retreat Minutes Special Meeting of May 18, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 9:30 a.m. at Puerto Vallarta on Lund Avenue. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Mayor Pro-Tem Diener Present Councilmember Rosapepe Present Councilmember Lucarelli Present Councilmember Cucciardi Present Mayor Putaansuu Present Staff present: City Clerk Rinearson, City Attorney Cates, Human Resource Coordinator Howard, Finance Director Crocker, Public Works Director Dorsey, and Community Development Director Bond. 2. DISCUSSION Sophie Glass with Triangle Associates, Inc. facilitated the meeting. The retreat focused on current and future visions of the Council and current and future work priorities by staff. Council participated in a vision exercise as if it was 2036, "what do we see" and how is it in line with the Council's current vision, "would you change anything". Staff presented their 2019/2020 work plan to the Council and the Mayor presented projects currently underway, staffing needs, and 2019/2020 Biennial Budget priorities and prior commitments. 3. ADJOURNMENT The meeting adjourned at 3:02 p.m. No other action was taken. Audio was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 63 of 188 Back to Agenda This Page Intentionally Left Blank Page 64 of 188 Back to Agenda 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: June 12, 2018 Subject: Adoption of an Ordinance Approving a Franchise Agreement with West Sound Utility District Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No.: 040-17 Atty Review Date: May 24, 2018 Summary: West Sound Utility District (WSUD), determined to be both a Special Purpose District and a Municipality, has historically provided water and sanitary sewer services to the City of Port Orchard. Both parties have now concluded that it is in their best interest to enter into a Franchise Agreement to establish terms and conditions under which services will continue to be provided. Recommendation: Staff recommends adoption of an Ordinance, thereby establishing a Franchise Agreement between the City of Port Orchard and the West Sound Utility District. Relationship to Comprehensive Plan: Section 7.3 Non -City Managed Utilities. Motion for Consideration: I move to adopt an Ordinance, thereby establishing a Franchise Agreement between the City of Port Orchard and the West Sound Utility District. Fiscal Impact: N/A Alternatives: N/A Attachments: Ordinance, WSUD Resolution No. 725-18 and MRSC Comments. Page 65 of 188 Back to Agenda This Page Intentionally Left Blank Page 66 of 188 'Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING THE WEST SOUND UTILITY DISTRICT, A WASHINGTON SPECIAL PURPOSE DISTRICT, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH AND CONNECT FACILITIES BETWEEN, AND TO MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF WATER AND SEWER SERVICES. WHEREAS, the West Sound Utility District (hereafter "WSUD") has historically provided water and sewer services to the City of Port Orchard (hereafter the "City"); and WHEREAS, the parties have concluded that it is in the interests of the City and WSUD to enter into a franchise agreement to establish the terms and conditions under which such services will continue to be provided; and WHEREAS, this Ordinance will establish said franchise agreement with WSUD and will benefit the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this franchise agreement ("Franchise" or "Agreement") the following terms shall mean: 1.1.1 "City" or "Port Orchard" means the City of Port Orchard, a code city organized and existing under RCW Title 35A, and a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.2 "City street" and "rights -of -way" shall mean "Street" and "Right-of-way" as those terms are defined by the Port Orchard Municipal Code Section 12.24.210, located within the area described in the attached Exhibit A. 1.1.3 "Construct" or "Construction" shall mean placing, removing, replacing, adding new, and repairing Facilities and may include, but is not limited to, digging and/or excavating for the purposes of placing, removing, replacing adding new, and repairing Facilities. 1.1.4 "Council" means the Port Orchard City Council, acting in its official capacity. 1.1.5 "Director" means the Port Orchard Public Works Director. Page 67 of 188 1.1.6 "Facilities" means, collectively, any and all (i) tanks, meters, pipes, mains, services, valves, blow -offs, vaults, fire hydrants, risers, manholes, pressure reducing valves ("PRVs"), pump stations, meter stations, lift stations and lines; and (ii) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or under ground. 1.1.7 "Franchise" means the grant of rights, privileges, authority, terms, and conditions embodied in this Ordinance. 1.1.8 "Franchise Area" means any, every and all right-of-way for public roads, streets, avenues, alleys, highways and other public ways of the City as now laid out, platted, dedicated or improved in WSUD's service area within the present corporate boundaries of the City. For purposes of this definition, right-of-way includes property owned by the City in fee and used for public roads and other public ways of the City. 1.1.9 "Grantee" and "WSUD" mean the West Sound Utility District, a municipal corporation organized and existing under Title 57 RCW, its successors and those assignees approved pursuant to the requirements of this Franchise. 1.1.10 "Maintenance" or "Maintain" means examining, testing, inspecting, repairing, maintaining, and replacing the Facilities or any part thereof as required or as necessary for safe operation. 1.1.11 "Operate" or "Operations" means the use of WSUD Facilities for the transmission, distribution, handling, and sale of water and sewer services within and through the Franchise Area. 1.1.12 "Ordinance" means this Ordinance No. , which sets forth the terms and conditions of this Franchise. 1.1.13 "Other Governing Body" means any public official or other public board or body which may have the power and jurisdiction to permit or regulate the installation and maintenance of utilities and other facilities in, under, over, across, and along any of the City street rights -of -way described in Exhibit A. 1.1.14 "Public right-of-way improvement" means a City -funded capital improvement to the public right-of-way. 1.1.15 "Relocation" means relocation, replacement, or extension of WSUD Facilities within the Franchise Area as provided for in Section 4 herein unless otherwise noted. 1.1.16 "Utility" means either the Grantee or, depending on the context, to any other person, firm, or corporation, public or private, which may hold a franchise to maintain and operate similar facilities in, under, over, across and along any of the City streets or rights -of -way described in Exhibit A. Page 68 of 188 SECTION 2. FACILITIES WITHIN THE FRANCHISE AREA. 2.1 Franchise. The Port Orchard City Council, having considered the interests proposed and advanced, and finding that the granting of a franchise is in the public interest, does hereby grant to WSUD, the Grantee, the right, privilege, authority and franchise to construct, support, attach and connect Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of its water and sewer utility functions as defined in Title 57 RCW. 2.2 Term. This Franchise is granted subject to all of the terms and conditions contained within this Agreement and shall expire in approximately twenty (20) years; more specifically, on December 31, 2037. 2.3 Permission Required to Enter onto other City Property. Nothing contained in this Ordinance is to be construed as granting permission to WSUD to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this Ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case -by -case basis from the City. 2.4 Compliance with Laws and Regulations. At all times during the term of this Franchise, WSUD shall fully comply with all applicable federal, state, and local laws and regulations. 2.5 Property Outside the Franchise Area. This Franchise shall not convey any right to WSUD to install its Facilities on, under, over or across, or to otherwise use, any City -owned or leased properties of any kind that are located outside the Franchise Area. Further, this Franchise shall not govern or apply to Facilities located on WSUD-owned or leased properties or easements (whether inside or outside of the Franchise Area, whether granted by a private or public entity, and whether now existing or hereafter acquired) and such Facilities are not, and will not be deemed to be, located pursuant to rights derived from this Franchise or pursuant to rights otherwise granted by the City. SECTION 3. NONINTERFERENCE WITH FACILITIES. 3.1 WSUD's Facilities shall be located, relocated and maintained within the Franchise Area so as not to unreasonably interfere with the free passage of pedestrian and vehicular traffic, and ingress or egress to or from the abutting property, and in accordance with all applicable federal and state laws, rules and regulations and all applicable local government laws, rules and regulations. WSUD shall exercise its rights within the Franchise Area in accordance with applicable City codes and ordinances governing use and occupancy of the Franchise Area; provided, however, in the event of any conflict or inconsistency of such codes and ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded WSUD by such City codes and ordinances. Page 69 of 188 3.2 Nothing herein shall preclude WSUD from effecting temporary road closures as reasonably necessary during construction or maintenance of its Facilities, provided WSUD receives prior City approval, which shall not be unreasonably withheld. Whenever it shall be necessary for WSUD, in the exercise of its rights under this Franchise, to make any excavation in the Franchise Area, WSUD shall, upon completion of such excavation, restore the surface of the Franchise Area, as nearly as practicable, to the same condition it was in prior to such excavation. 3.3 The City and WSUD shall exercise best efforts to coordinate construction work that either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other party and other utilities within the Franchise Areas informed of its intent to undertake such construction work. When feasible, the City and WSUD shall consider joint projects. The City and WSUD shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. If at any time, or from time to time, either WSUD, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: 3.3.1 no statutes, laws, regulations or ordinances prohibit or restrict the proximity of other utilities or facilities to WSUD's Facilities installed or to be installed within the area to be excavated; 3.3.2 Such joint use shall not unreasonably delay the work of the party causing the excavation to be made; 3.3.3 Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties. The parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. SECTION 4. RELOCATION OF FACILITIES. 4.1 Whenever the City causes a public right-of-way improvement to be undertaken within the Franchise Area by reason of, including but not limited to, traffic conditions, public safety, dedications of new rights -of -way and the establishment and improvement thereof, widening and improvement of existing rights -of -way, street vacations, road and walkway construction, change or establishment of street grade, the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, and such public right-of-way improvement requires the relocation of WSUD's then existing Facilities within the Franchise Area (for purposes other than those described in Paragraph 4.2, below), the City shall: 4.1.1 Notify WSUD during the planning phase to ensure collaborative effort is made to reduce project expense (to the City and WSUD), allow budgeting for the project and facilitate joint applications for grants and low -interest funding by the parties. The City will provide written notification requiring relocation of WSUD's Facilities at least one hundred eighty (180) days prior to the commencement of City project. The City shall Page 70 of 188 also Provide WSUD with copies of pertinent portions of the plans and specifications for such improvement project and where possible propose an alternative location for WSUD's Facilities so that WSUD may relocate its facilities within the current right-of- way or other right-of-way; and 4.1.2 Provide WSUD with copies of the pertinent portions of the plans and specifications for such public right-of-way improvement. After receipt of such notice and such plans and specifications, WSUD shall relocate such Facilities within the Franchise Area at no charge to the City. The City will make its best efforts to avoid the need for such relocation whenever possible. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. In the event the City receives any federal, state or other funds for water or sewer relocation purposes, the Grantee will be given credit to the extent any such funds are actually received by the City. 4.2 Whenever: (i) any public or private development within the Franchise Area, other than a public right-of-way improvement, requires the relocation of WSUD's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of WSUD's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, WSUD shall have the right as a condition of such relocation to require such developer, person or entity to make payment to WSUD, at a time and upon terms acceptable to WSUD, for any and all costs and expenses incurred by WSUD in the relocation of WSUD's Facilities. 4.3 Any condition or requirement imposed by the City upon any person or entity, other than the City or WSUD (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which requires the relocation of WSUD's Facilities shall be a required location for purposes of Section 4.2. 4.4 Nothing in this Section 4 "Relocation of Facilities" shall require WSUD to bear any cost or expense in connection with the location or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise, regardless of whether such easement or other rights are on public or private property and regardless of whether this Franchise co -exists with such easement or other rights. 4.5 The provisions of this Section shall in no manner preclude or restrict WSUD from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project and provided that WSUD acquires all required approvals from the City, including right of way permits. Page 71 of 188 SECTION 5. INDEMNIFICATION. 5.1 WSUD shall indemnify and hold the City harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the extent such injury or damage is caused by the negligence of WSUD, its agents, officers, servants or employees in exercising the rights granted to WSUD in this Franchise; provided, however, that in the event any such claim or demand be presented to or filed with the City, the City shall promptly notify WSUD thereof, and WSUD shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand; provided further, that in the event any suit or action is begun against the City based upon any such claim or demand, the City shall likewise promptly notify WSUD thereof, and WSUD shall have the right, at its election and its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. This provision shall survive the termination of this Franchise. 5.2 This indemnity provision shall not be considered a waiver to any defenses to which the City may be entitled in such action or suit defended by WSUD, including any defenses of sovereign immunity. 5.3 Without limiting WSUD's indemnification obligations that might arise for the reasons set forth in Section 5.1, the City hereby releases and agrees to indemnify, defend and hold WSUD, its agents, officers, servants, and employees harmless from and against any and all claims, costs, judgments, awards or liability to any person arising from WSUD's compliance with this Franchise. 5.4 The City hereby releases and agrees to indemnify, defend and hold WSUD, its agents, officers, servants, and employees harmless from and against any and all claims, costs, judgments, awards or liability to any person to the extent they arose from the City's decision to issue development permits based on accurate information on fire flow and water availability provided by WSUD or the City's enforcement of the International Fire Code. 5.5 Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City and WSUD, their agents, officers, servants, and employees, WSUD's liability hereunder shall be only to the extent of WSUD's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SECTION 6. INSURANCE. 6.1 WSUD shall procure and maintain for the duration of this Franchise insurance or equivalent self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to WSUD, its agents, representatives, officers or employees in such amounts as are consistent with good utility practice. Upon the City's request, WSUD shall provide the City with reasonable written evidence that WSUD is maintaining such insurance or self-insurance. Page 72 of 188 6.1.1 WSUD shall procure and maintain insurance or self-insurance to cover risk of loss related to automobile liability, general liability, pollution liability, personal property, vehicles, and equipment, and workers' compensation exposures. SECTION 7. VACATION OR DISPOSAL OF FRANCHISE AREA. 7.1 In the event the City vacates or disposes of any portion of the Franchise Area during the term of this Franchise wherein WSUD has located Facilities, the City shall provide, or require that those seeking vacation provide, WSUD prior notice of same to allow WSUD to review and comment on the proposed vacation. If requested by WSUD, the City shall, in its vacation or disposal procedure, reserve an easement for utilities suitable for WSUD's Facilities. If WSUD's Facilities must be relocated from a vacated public right-of-way, the petitioner of said vacation will bear the expense of moving said Facilities. SECTION 8. DEFAULT. 8.1 If WSUD fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given WSUD by the City under the provisions of this Franchise, then the City may serve upon WSUD a written order to so comply within thirty (30) days from the date such order is received by WSUD. If WSUD is not in compliance with this Franchise after expiration of said thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses of such action to WSUD. The City may act without the thirty (30) day notice in case of an emergency. The City may in addition, by ordinance adopted no sooner than five (5) days after notice of the City Council hearing (at which WSUD will have an opportunity to be heard) on the impending ordinance is given to WSUD, declare an immediate forfeiture of this Franchise; provided, however, that if any material failure to comply with this Franchise by WSUD cannot be corrected with due diligence within said thirty (30) day period (WSUD's obligation to comply and proceed with due diligence being subject to unavoidable delays and events beyond its control, in which case the time within which WSUD may so comply shall be extended for such time as may be reasonably necessary and so long as WSUD commences promptly and works diligently to effect such compliance), provided a good faith dispute does not exist concerning such compliance. 8.2 In addition to other remedies provided herein, if WSUD is not in compliance with the requirements of this Franchise, and if a good faith dispute does not exist concerning such compliance, the City may place a moratorium on issuance of pending WSUD right-of-way use permits until compliance is achieved. SECTION 9. NONEXCLUSIVE FRANCHISE. 9.1 This Franchise is not, and shall not be deemed to be, an exclusive franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area, which do not interfere with WSUD's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. Page 73 of 188 SECTION 10. FRANCHISE TERM. 10.1 This Franchise is hereby granted for a term of twenty (20) years from and after the date of the final acceptance of this Ordinance by WSUD, herein referred to as the primary term. This Franchise will automatically renew for successive terms of five (5) years unless cancelled at the end of a term by either party by written notice to the other party no less than one hundred eighty (180) calendar days prior to the end of the primary term or the then -current successive term. 10.2 WSUD shall have no rights under this Franchise, nor shall WSUD be bound by the terms and conditions of this Franchise unless WSUD shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. 10.3 The City specifically reserves for itself the right to impose taxes, use fees, costs, service requirements, or other fees on WSUD for the privilege of conducting this business in the City of Port Orchard, for the use of the City's rights -of -way, to pay for the costs of regulating this activity, or for any other public purpose so long as those taxes, use fees, costs, service requirements or other fees, as authorized by law, are imposed by ordinance, and after one hundred eighty (180) days written notice to WSUD. SECTION 11. COMPLIANCE WITH CODES AND REGULATIONS. 11.1 The rights, privileges and authority herein granted are subject to and governed by this Ordinance and all other applicable ordinances and codes of the City of Port Orchard, as they now exist or may hereafter be amended, provided the City shall not affect or modify any portion of this Franchise without WSUD's written approval. Nothing in this Ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public. Any location, relocation, or excavation by WSUD shall be performed by WSUD in accordance with applicable federal, state and local rules and regulations, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect or any Memorandum of Understanding with WSUD. 11.2 In the event of any emergency in which any of WSUD's facilities located in or under any street fails, becomes damaged, or if WSUD's construction area is otherwise in such a condition as to immediately endanger the property (public or private), life, health or safety of any individual, WSUD shall immediately, to the extent permitted by City regulations, take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve WSUD from the requirement of later obtaining any permits necessary for this purpose, and WSUD shall apply for all such permits not later than the next succeeding day during which the City is open for business. 11.3 Upon written inquiry, WSUD shall provide a specific reference to either the federal, state or local law establishing the basis for WSUD's actions related to a specific franchise issue, provided this provision shall not be construed to limit, waive or modify WSUD's right to privileged and confidential attorney -client communications. Page 74 of 188 11.4 In the event that any territory served by WSUD is annexed to the City after the effective date of this Franchise, this franchise agreement shall be deemed to be the new agreement required to be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period of time is then required under that statute or the remaining time left under this franchise agreement for the Franchise Area, whichever is longer. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. SECTION 12. LOCATION OF FACILITIES AND EQUIPMENT. 12.1 With the exception of components that are traditionally installed above ground, such as fire hydrants, blow -offs, vault lids, risers, manhole covers and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use code and applicable development pre -approved plans. SECTION 13. SECURITY. 13.1 In lieu of any bond required pursuant to City Code, WSUD hereby warrants all work performed under this franchise and further specifically represents and warrants that all required restoration of the right-of-way shall be performed timely, in a workmanlike manner, and in full compliance with all applicable regulatory standards. Additionally, WSUD will require any contractor performing work on its behalf that is subject to the terms of this Franchise to provide all necessary bonds and insurance protecting the City and WSUD. SECTION 14. RECORD OF INSTALLATIONS AND SERVICE. 14.1 With respect to excavations by WSUD and the City within the Franchise Area, WSUD and the City shall each comply with its respective obligations pursuant to Chapter 19.122 RCW, and any other applicable state law. 14.2 Upon written request of the City, WSUD shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. 14.3 As -built drawings of the precise location of any Facilities placed by WSUD in any street, alley, avenue, highway, easement, etc., shall be made available to the City within ten (10) working days of request. SECTION 15. ASSIGNMENT. 15.1 This Franchise may not be assigned or transferred without the written consent of the City. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless Page 75 of 188 and until the secured party elects to realize upon the collateral. WSUD shall provide prompt written notice to the City of any such assignment or transfer, and all of the provisions, terms, conditions, and requirements of this Franchise shall be binding upon successors and assigns as if they were specifically mentioned wherever WSUD is named herein. SECTION 16. ACCEPTANCE. 16.1 This Franchise is granted upon the express condition that WSUD, within sixty (60) days after the adoption of this Ordinance, shall file with the clerk of the City a written acceptance of the same. SECTION 17. SURVIVAL. 17.1 All of the provisions, terms, conditions and requirements of Sections 4 ("Relocation of Facilities"); 5 ("Indemnification"); and 6 ("Insurance") of this Franchise shall be in addition to any and all other obligations and liabilities WSUD may have to the City at common law, by statute, or by contract and shall survive the termination or expiration of this Franchise and any renewals or extensions thereof. SECTION 18. NOTICE. 18.1 Any notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF PORT ORCHARD Mayor 216 Prospect Street Port Orchard, WA 98366 SECTION 19. SEVERABILITY. WEST SOUND UTILITY DISTRICT General Manager 2924 SE Lund Ave. Port Orchard, WA 98366 19.1 If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance unless such invalidity or unconstitutionality materially alters the rights, privileges, duties or obligations hereunder, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court's ruling. SECTION 20. MISCELLANEOUS. 20.1 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, Page 76 of 188 license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by WSUD of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 20.1.1 References this Franchise; and 20.1.2 States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. 20.2 In the event any suit or action is commenced by the City against WSUD or by WSUD against the City in a court of competent jurisdiction: (a) to enforce the terms and conditions of this Franchise; or (b) on account of any default under or breach of this Franchise, the prevailing party in such suit or action shall be entitled to recover, in addition to all other relief, from the other party all reasonable attorney's fees incurred by the prevailing party in connection with such suit or action. SECTION 21. EFFECTIVE DATE. 21.1 This Ordinance shall take effect five days after its passage and publication as required by law. PASSED by a majority vote of the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this 121h day of June, 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Cindy Lucarelli, Councilmember Page 77 of 188 Back to Agenda Page 78 of 188 "o WA A SA y SrgA Yst 0 GOLDEN PO P D ST o LIPPERT D OL NROD ST A09 0 ST z 0 iv�ERRY.01".._,/.1'/ K .7i SE 6,01, kcy- MELINE RD EXHIBIT A A BAY sr ZZ, ./Z tj ST Uj ca 44 f/77777ZI- )f0"P Zvi All City OF Port Orchard data is expressly A provided AS IS and WITH ALL FAULTS k This makes no warranty of any kind, 5 0.5 1 Mile express or implied, concerning this information, Legend PO City Limits WSUD Boundary COPO Roads OpenS Back to Agenda WEST SOUND UTILITY DISTRICT RESOLUTION 725-18 A RESOLUTION OF THE WEST SOUND UTILITY DISTRICT BOARD OF COMMISSIONERS APPROVING THE CITY OF PORT ORCHARD FRANCHISE AGREEMENT WHEREAS, West Sound Utility District has been performing water and sewer utility services within the rights -of -way of the City of Port Orchard for years without a franchise agreement; and WHEREAS, the City and District have determined that it would be in the best interest of the City and District to establish terms and conditions under which District services can be provided within City rights -of -way through the execution of a new franchise agreement; and WHEREAS, the City and District have reviewed, discussed and negotiated terms and conditions for such franchise agreement; NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF WEST SOUND UTILITY DISTRICT HEREBY RESOLVES: Section 1. The Board of Commissioners hereby agrees to the terms and conditions of the attached City of Port Orchard Franchise Agreement (Exhibit "A"). APPROVED and ADOPTED by the Board of Commissioners of West Sound Utility District at a regular scheduled meeting on May 21, 2018. WEST SOUND UTILITY DISTRICT Kitsy County, Washington usan way Jerry 1db g Secr&tlary mes J. Hart Vice Chairperson Page 80 of 188 Back to Agenda Ex,,,,,,{, rti ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING THE WEST SOUND UTILITY DISTRICT, A WASHINGTON SPECIAL PURPOSE DISTRICT, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, LAY, CONSTRUCT, EXTEND, SUPPORT, ATTACH AND CONNECT FACILITIES BETWEEN, AND TO MAINTAIN, REPAIR, REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF WATER AND SEWER SERVICES. WHEREAS, the West Sound Utility District (hereafter "WSUD") has historically provided water and -sewer services to the City of Port Orchard (hereafter the "City"); and WHEREAS, the parties have concluded that it is in the interests of the City and WSUD to enter into a franchise agreement to establish the terms and conditions under which such services will continue to -be provided; and WHEREAS, this Ordinance will establish said franchise agreement with WSUD and will benefit the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this franchise agreement ("Franchise" or "Agreement") the following terms shall mean: 1.1.1 "City" or "Port Orchard" means the City of Port Orchard, a code city organized and existing under RCW Title 35A, and a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.2 "City street" and "rights -of -way" shall mean "Street" and "Right-of-way" as those terms are defined by the Port Orchard Municipal Code Section 12.24.210, located within the area described in the attached Exhibit A. 1.1.3 "Construct" or "Construction" shall mean placing, removing, replacing, adding new, and repairing Facilities and may include, but is not limited to, digging and/or excavating for the purposes of placing, removing, replacing adding new, and repairing Facilities. 1.1.4 "Council" means the Port Orchard City Council, acting in its official capacity. 1.1.5 "Director" means the Port Orchard Public Works Director. Page 81 of 188 1.1.6 "Facilities" means, collectively, any and all (i) tanks, meters, pipes, mains, services, valves, blow -offs, vaults, fire hydrants, risers, manholes, pressure reducing valves ("PRVs"), pump stations, meter stations, lift stations and lines; and (ii) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or under ground. 1.1.7 "Franchise" means the grant of rights, privileges, authority, terms, and conditions embodied in this Ordinance. 1.1.8 "Franchise Area" means any, every and all right-of-way for public roads, streets, avenues, alleys, highways and other public ways of the City as now laid out, platted, dedicated or improved in WSUD's service area within the present corporate boundaries of the City. For purposes of this definition, right-of-way includes property owned by the City in fee and used for public roads and other public ways of the City. 1.1.9 "Grantee" and "WSUD" mean the West Sound Utility District, a municipal corporation organized and existing under Title 57 RCW, its successors and those assignees approved pursuant to the requirements of this Franchise. 1.1.10 "Maintenance" or "Maintain" means examining, testing, inspecting, repairing, maintaining, and replacing the Facilities or any part thereof as required or as necessary for safe operation. 1.1.11 "Operate" or "Operations" means the use of WSUD Facilities for the transmission, distribution, handling, and sale of water and sewer services within and through the Franchise Area. 1.1.12 "Ordinance" means this Ordinance No. , which sets forth the terms and conditions of this Franchise. 1.1.13 "Other Governing Body" means any public official or other public board or body which may have the power and jurisdiction to permit or regulate the installation and maintenance of utilities and other facilities in, under, over, across, and along any of the City street rights -of -way described in Exhibit A. 1.1.14 "Public right-of-way improvement" means a City -funded capital improvement to the public right-of-way. 1.1.15 "Relocation" means relocation, replacement, or extension of WSUD Facilities within the Franchise Area as provided for in Section 4 herein unless otherwise noted. 1.1.16 "Utility" means either the Grantee or, depending on the context, to any other person, firm, or corporation, public or private, which may hold a franchise to maintain and operate similar facilities in, under, over, across and along any of the City streets or rights -of -way described in Exhibit A. Page 82 of 188 SECTION 2. FACILITIES WITHIN THE FRANCHISE ARE, A. 2.1 Franchise. The Port Orchard City Council, having considered the interests proposed and advanced, and finding that the granting of a franchise is in the public interest, does hereby grant to WSUD, the Grantee, the right, privilege, authority and franchise to construct, support, attach and connect Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of its water and sewer utility functions as defined in Title 57 RCW. 2.2 Term. This Franchise is granted subject to all of the terms and conditions contained within this Agreement and shall expire in approximately twenty (20) years; more specifically, on December 31, 2037. 2.3 Permission Required to Enter onto other City Property. Nothing contained in this Ordinance is to be construed as granting permission to WSUD to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this Ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case -by -case basis from the City. 2.4 Compliance with Laws and Regulations. At all times during the term of this Franchise, WSUD shall fully comply with all applicable federal, state, and local laws and regulations. 2.5 Property Outside the Franchise Area. This Franchise shall not convey any right to WSUD to install its Facilities on, under, over or across, or to otherwise use, any City -owned or leased properties of any kind that are located outside the Franchise Area. Further, this Franchise shall not govern or apply to Facilities located on WSUD-owned or leased properties or easements (whether inside or outside of the Franchise Area, whether granted by a private or public entity, and whether now existing or hereafter acquired) and such Facilities are not, and will not be deemed to be, located pursuant to rights derived from this Franchise or pursuant to rights otherwise granted by the City. SECTION 3. NONINTERFERENCE WITH FACILITIES 3.1 WSUD's Facilities shall be located, relocated and maintained within the Franchise Area so as not to unreasonably interfere with the free passage of pedestrian and vehicular traffic, and ingress or egress to or from the abutting property, and in accordance with all applicable federal and state laws, rules and regulations and all applicable local government laws, rules and regulations. WSUD shall exercise its rights within the Franchise Area in accordance with applicable City codes and ordinances governing use and occupancy of the Franchise Area; provided, however, in the event of any conflict or inconsistency of such codes and ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded WSUD by such City codes and ordinances. 3.2 Nothing herein shall preclude WSUD from effecting temporary road closures as reasonably necessary during construction or maintenance of its Facilities, provided WSUD Page 83 of 188 Back to Agenda receives prior City approval, which shall not be unreasonably withheld. Whenever it shall be necessary for WSUD, in the exercise of its rights under this Franchise, to snake any excavation in the Franchise Area, WSUD shall, upon completion of such excavation, restore the surface of the Franchise Area, as nearly as practicable, to the same condition it was in prior to such excavation. 3.3 The City and WSUD shall exercise best efforts to coordinate construction work that either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other party and other utilities within the Franchise Areas informed of its intent to undertake such construction work. When feasible, the City and WSUD shall consider joint projects. The City and WSUD shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. If at any time, or from time to time, either WSUD, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: 3.3.1 no statutes, laws, regulations or ordinances prohibit or restrict the proximity of other utilities or facilities to WSUD's Facilities installed or to be installed within the area to be excavated; 3.3.2 . Such joint use shall not unreasonably delay the work of the party causing the excavation to be made; 3.3.3 Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties. The parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. SECTION 4. RELOCATION OF FACILITIES. 4.1 Whenever the City causes a public right-of-way improvement to be undertaken within the Franchise Area' by reason of, including but not limited to, traffic conditions, public safety, dedications of new rights -of -way and the establishment and improvement thereof, widening and improvement of existing rights -of -way, street vacations, road and walkway construction, change or establishment of street grade, the construction of any public improvement or structure by any govermnental agency acting in a governmental capacity, and such public right-of-way improvement requires the relocation of WSUD's then existing Facilities within the Franchise Area (for purposes other than those described in Paragraph 4.2, below), the City shall: 4.1.1 Notify WSUD during the planning phase to ensure collaborative effort is made to reduce project expense (to the City and WSUD), allow budgeting for the project and facilitate joint applications for grants and low -interest funding by the parties. The City will provide written notification requiring relocation of WSUD's Facilities at least one hundred eighty (180) days prior to the commencement of City project. The City shall also Provide WSUD with copies of pertinent portions of the plans and specifications for such improvement project and where possible propose an alternative location for Page 84 of 188 Back to Agenda WSUD's Facilities so that WSUD may relocate its facilities within the current right-of- way or other right-of-way; and 4.1.2 Provide WSUD with copies of the pertinent portions of the plans and specifications for such public right-of-way improvement. After receipt of such notice and such plans and specifications, WSUD shall relocate such Facilities within the Franchise Area at no charge to the City. The City will make its best efforts to avoid the need for such relocation whenever possible. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. In the event the City receives any federal, state or other fiends for water or sewer relocation purposes, the Grantee will be given credit to the extent any such funds are actually received by the City. 4.2 Whenever: (i) any public or private development within the Franchise Area, other than a public right-of-way improvement, requires the relocation of WSUD's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of WSUD's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, WSUD shall have the right as a condition of such relocation to require such developer, person or entity to make payment to WSUD, at a time and upon terms acceptable to WSUD, for any and all costs and expenses incurred by WSUD in the relocation of WSUD's Facilities. 4.3 Any condition or requirement imposed by the City upon any person or entity, other than the City or WSUD (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which requires the relocation of WSUD's Facilities shall be a required location for purposes of Section 4.2, 4.4 Nothing in this Section 4 "Relocation of Facilities" shall require WSUD to bear any cost or expense in connection with the location or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise, regardless of whether such easement or other rights are on public or private property and regardless of whether this Franchise co -exists with such easement or other rights. 4.5 The provisions of this Section shall in no manner preclude or restrict WSUD from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project and provided that WSUD acquires all required approvals from the City, including right of way permits. SECTION 5. INDEMNIFICATION. 5.1 WSUD shall indemnify and hold the City harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the extent such injury or damage is caused by the negligence of WSUD, its agents, officers, Page 85 of 188 servants or employees in exercising the rights granted to WSUD in this Franchise; provided, however, that in the event any such claim or demand be presented to or filed with the City, the City shall promptly notify WSUD thereof, and WSUD shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand; provided further, that in the event any suit or action is begun against the City based upon any such claim or demand, the City shall likewise promptly notify WSUD thereof, and WSUD shall have the right, at its election and its. sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. This provision shall survive the termination of this Franchise. 5.2 This indemnity provision shall not be considered a waiver to any defenses to which the City may be entitled in such action or suit defended by WSUD, including any defenses of sovereign immunity. 5.3 Without limiting WSUD's indemnification obligations that might arise for the reasons set forth in Section 5.1, the City hereby releases and agrees to indemnify, defend and hold WSUD, its agents, officers, servants, and employees harmless from and against any and all claims, costs, judgments, awards or liability to any person arising from WSUD's compliance with this Franchise. 5.4 The City hereby releases and agrees to indemnify, defend and hold WSUD, its agents, officers, servants, and employees harmless from and against any and all claims, costs, judgments, awards or liability to any person to the extent they arose from the City's decision to issue development permits based on accurate information on fire flow and water availability provided by WSUD or the City's enforcement of the International Fire Code. 5.5 Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City and WSUD, their agents, officers, servants, and employees, WSUD's liability hereunder shall be only to the extent of WSUD's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SECTION 6. INSURANCE. 6.1 WSUD shall procure and maintain for the duration of this Franchise insurance or equivalent self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to WSUD, its agents, representatives, officers or employees in such amounts as are consistent with good utility practice. Upon the City's request, WSUD shall provide the City with reasonable written evidence that WSUD is maintaining such insurance or self-insurance. 6.1.1 WSUD shall procure and maintain insurance or self-insurance to cover risk of loss related to automobile liability, general liability, pollution liability, personal property, vehicles, and equipment, and workers' compensation exposures. Page 86 of 188 SECTION 7. VACATION OR DISPOSAL OF FRANCHISE AREA. 7.1 In the event the City vacates or disposes of any portion of the Franchise Area during the term of this Franchise wherein WSUD has located Facilities, the City shall provide, or require that those seeking vacation provide, WSUD prior notice of same to allow WSUD to review and comment on the proposed vacation. If requested by WSUD, the City shall, in its vacation or disposal procedure, reserve an easement for utilities suitable for WSUD's Facilities. If WSUD's Facilities must be relocated from a vacated public right-of-way, the petitioner of said vacation will bear the expense of moving said Facilities. SECTION 8. DEFAULT. 8.1 If WSUD fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given WSUD by the City under the provisions of this Franchise, then the City may serve upon WSUD a written order to so comply within thirty (30) days from the date such order is received by WSUD. If WSUD is not in compliance with this Franchise after expiration of said thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses of such action to WSUD. The City may act without the thirty (30) day notice in case of an emergency. The City may in addition, by ordinance adopted no sooner than five (5) days after notice of the City Council hearing (at which WSUD will have an opportunity to be heard) on the impending ordinance is given to WSUD, declare an immediate forfeiture of this Franchise; provided, however, that if any material failure to comply with this Franchise by WSUD cannot be corrected with due diligence within said thirty (30) day period (WSUD's obligation to comply and proceed with due diligence being subject to unavoidable delays and events beyond its control, in which case the time within which WSUD may so comply shall be extended for such time as may be reasonably necessary and so long as WSUD commences promptly and works diligently to effect such compliance), provided a good faith dispute does not exist concerning such compliance. 8.2 In addition to other remedies provided herein, if WSUD is not in compliance with the requirements of this Franchise, and if a good faith dispute does not exist concerning such compliance, the City may place a moratorium on issuance of pending WSUD right-of-way use permits until compliance is achieved. SECTION 9. NONEXCLUSIVE FRANCHISE. 9.1 This Franchise is not, and shall not be deemed to be, an exclusive franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area, which do not interfere with WSUD's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 10. FRANCHISE TERM. 10.1 This Franchise is hereby granted for a term of twenty (20) years from and after the date of the final acceptance of this Ordinance by WSUD, herein referred to as the primary term. This Franchise will automatically renew for successive terms of five (5) years unless Page 87 of 188 ` Back to Agenda cancelled at the end of a term by either party by written notice to the other party no less than one hundred eighty (180) calendar days prior to the end of the primary term or the then -current successive term. 10.2 WSUD shall have no rights under this Franchise, nor shall WSUD be bound by the terns and conditions of this Franchise unless WSUD shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. 10.3 The City specifically reserves for itself the right to impose taxes, use fees, costs, service requirements, or other fees on WSUD for the privilege of conducting this business in the City of Port Orchard, for the use of the City's rights -of -way, to pay for the costs of regulating this activity, or for any other public purpose so long as those taxes, use fees, costs, service requirements or other fees, as authorized by law, are imposed by ordinance, and after one hundred eighty (180) days written notice to WSUD. SECTION 11. COMPLIANCE WITH CODES AND REGULATIONS. 11.1 The rights, privileges and authority herein granted are subject to and governed by this Ordinance and all other applicable ordinances and codes of the City of Port Orchard, as they now exist or may hereafter be amended, provided the City shall not affect or modify any portion of this Franchise without WSUD's written approval. Nothing in this Ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public. Any location, relocation, or excavation by WSUD shall be performed by WSUD in accordance with applicable federal, state and local rules and regulations, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect or any Memorandum of Understanding with WSUD. 11.2 In the event of any emergency in which any of WSUD's facilities located in or under any street fails, becomes damaged, or if WSUD's construction area is otherwise in such a condition as to immediately endanger the property (public or private), life, health or safety of any individual, WSUD shall immediately, to the extent permitted by City regulations, take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve WSUD from the requirement of later obtaining any permits necessary for this purpose, and WSUD shall apply for all such permits not later than the next succeeding day during which the City is open for business. 11.3 Upon written inquiry, WSUD shall provide a specific reference to either the federal, state or local law establishing the basis for WSUD's actions related to a specific franchise issue, provided this provision shall not be construed to limit, waive or modify WSUD's right to privileged and confidential attorney -client communications. 11.4 In the event that any territory served by WSUD is annexed to the City after the effective date of this Franchise, this franchise agreement shall be deemed to be the new agreement required to be granted to a franchisee in aimexed territory by RCW 35A.14.900 for whatever period of time is then required under that statute or the remaining time left under this Page 88 of 188 franchise agreement for the Franchise Area, whichever is longer. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. SECTION 12. LOCATION OF FACILITIES AND EQUIPMENT. 12.1 With the exception of components that are traditionally installed above ground, such as fire hydrants, blow -offs, vault lids, risers, manhole covers and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use code and applicable development pre -approved plans. SECTION 13. SECURITY. 13.1 In lieu of any bond required pursuant to City Code, WSUD hereby warrants all work performed tinder this franchise and further specifically represents and warrants that all required restoration of the right-of-way shall be performed timely, in a workmanlike manner, and in full compliance with all applicable regulatory standards. Additionally, WSUD will require any contractor performing work on its behalf that is subject to the terms of this Franchise to provide all necessary bonds and insurance protecting the City and WSUD. SECTION 14. RECORD OF INSTALLATIONS AND SERVICE. 14.1 With respect to excavations by WSUD and the City within the Franchise Area, WSUD and the City shall each comply with its respective obligations pursuant to Chapter 19.122 RCW, and any other applicable state law. 14.2 Upon written request of the City, WSUD shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. 14.3 As -built drawings of the precise location of any Facilities placed by WSUD in any street, alley, avenue, highway, easement, etc., shall be made available to the City within ten (10) working days of request. SECTION 15. ASSIGNMENT. 15.1 This Franchise may not be assigned or transferred without the written consent of the City. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. WSUD shall provide prompt written notice to the City of any such assignment or transfer, and all of the provisions, terms, conditions, and requirements of this Franchise shall be binding upon successors and assigns as if they were specifically mentioned wherever WSUD is named herein. Page 89 of 188 SECTION 16. ACCEPTANCE. 16.1 This Franchise is granted upon the express condition that WSUD, within sixty (60) days after the adoption of this Ordinance, shall file with the clerk of the City a written acceptance of the same. SECTION 17. SURVIVAL. 17.1 All of the provisions, terms, conditions and requirements of Sections 4 ("Relocation of Facilities"); 5 ("Indemnification"); and 6 ("Insurance") of this Franchise shall be in addition to any and all other obligations and liabilities WSUD may have to the City at common law, by statute, or by contract and shall survive the termination or expiration of this Franchise and any renewals or extensions thereof. SECTION 18. NOTICE. 18.1 Any notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF PORT ORCHARD Mayor 216 Prospect Street Port Orchard, WA 98366 SECTION 19. SEVERABILITY. WEST SOUND UTILITY DISTRICT General Manager 2924 SE Lund Ave. Port Orchard, WA 98366 19.1 If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance unless such invalidity or unconstitutionality materially alters the rights, privileges, duties or obligations hereunder, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court's ruling. SECTION 20. MISCELLANEOUS. 20.1 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by WSUD of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 20.1.1 References this Franchise; and Page 90 of 188 20.1.2 States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. 20.2 In the event any suit or action is commenced by the City against WSUD or by WSUD against the City in a court of competent jurisdiction: (a) to enforce the terms and conditions of this Franchise; or (b) on account of any default under or breach of this Franchise, the prevailing party in such suit or action shall be entitled to recover, in addition to all other relief, from the other party all reasonable attorney's fees incurred by the prevailing party in connection with such suit or action. SECTION 21. EFFECTIVE DATE. 21.1 This Ordinance shall take effect five days after its passage and publication as required by law. PASSED by a majority vote of the City Council of the City of Port Orchard, signed by the Mayor and attested by the Cleric in authentication of such passage this _ day of , 2018. ATTEST: Robert Putaansuu, Mayor APPROVED AS TO FORM: Brandy Rinearson, CMC, City Clerk Sharon Cates, City Attorney Page 91 of 188 Back to Agenda Jenine Floyd From: Oskar Rey <orey@mrsc.org> Sent: Thursday, May 03, 2018 9:45 AM To: Michael Wilson; kbagwell@kbagwell-law.com Cc: Jim Doherty Subject: MRSC Inquiry --Performance Bonds --Local Government Entities Michael and Ken: You requested that MRSC provide its position on requiring performance bonds from local government entities in connection with franchises. The text of the inquiry is set forth at the bottom of this email. I am the following response after consultation with Jim Doheerty: RCW 35.21.470 and RCW 35A.21.250 are substantially similar. This email will focus on RCW 35A.21.250 since Port Orchard is a code city. RCW 35A.21.250 provides as follows: A code city may not require any state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other financial security device, including cash or assigned account, as a condition of issuing a permit to that unit of local government for a building construction project. As used in this section, "building construction project" includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated with the project. My understanding is the that the West Sound Utility District ("District") is requesting that the City of Port Orchard ("City") not require performance bonds for right of work performed by District crews. On the other hand, the City of Port Orchard takes the position that the language of RCW 35A.21.250 does not apply to right of way work when there is not an associated "building construction project" on abutting property. I reviewed our database, and it appears that MRSC has construed this provision broadly over the years. In so doing, we have noted the following statement from the legislative history: Counties, cities and towns, as a condition of issuing a building permit, may require the owner of the project to provide a surety bond or other financial security to assure that financial resources are available to complete the project. Such conditions have, on occasion, been unnecessarily imposed upon other units of local government which have a tax base providing sufficient assurance of financial responsibility. Even in situations where the statute was not directly applicable, we have encouraged cities to not require performance securities from local government entities. For example, we said the following in response to a very similar inquiry from the City of Auburn in 2016: Inquiry: I am working on a Franchise Agreement with another municipal utility that is providing gas service in the City of Auburn. Can cities require a performance security from another city in their franchise terms? We generally require a performance security from private utilities in our Franchise Agreements but I can Page 92 of 188 Back to Agenda not locates anything in City or State Code that discusses this. Any assistance or hell, vvvuiu appreciated. Response: There is nothing in the RCW directly on point, but in somewhat similar context (in 2005), addressing whether one public agency contracting to do construction work for another public agency is required to post a performance bond for the benefit of the other agency, I stated: In our opinion, the performance bond requirement probably does not apply when one public agency is contracting with another public agency for the performance of a public works project. However, I cannot point you to any specific statutory or other legal authority that is directly on point in support of this conclusion. The language of RCW 39.08.010 is not really helpful here, as its language does not necessarily preclude its application to this situation. And, while RCW 35A.21.250 prohibits a code city from requiring a state agency or a unit of local government from having to post a bond as a condition of issuing a permit for a building construction project, it does not specifically apply to the performance bond requirement of RCW 39.08.010. But, its underlying reasoning would appear to apply. In the final bill report for the legislation that become RCW 35A.21.250 (and RCW 35.21.470 for non -code cities and RCW 36.32.590 for counties), it states that bond requirements "have, on occasion, been unnecessarily imposed upon other units of local government which have a tax base providing sufficient assurance of financial responsibility." Since the purpose of a performance bond under RCW 39.08.010 is to insure that subcontractors, laborers, and suppliers are paid, that same tax base would seem to insure that financial responsibility in the absence of a performance bond when one public agency is contracting with another. Again, however, I could find no legal authority on point. The reasoning above, if correct, would appear to also apply in the context you are asking about. As such, although there is no specific prohibition, it would not seem appropriate for a city to require performance security from another city in its franchise terms. I agree with that reasoning. While it may be possible to interpret RCW 35A.21.250 as not applying to right of way work when there is not an associated "building construction project" on abutting property, the purpose and intent of the statute support not requiring a performance bond from local government entities. I hope this is helpful. Please let me know if you have any additional questions. Oskar Rey Legal Consultant 206.625.1300 1 MRSC.org I Local Government Success Inquiry: We just completed our meeting with the City of Port Orchard where we went over seven pending issues re the City's new draft franchise agreement. It "appears" that we have addressed and resolved at this meeting all of the issues, except the issue pertaining to the performance/maintenance bond for utility construction work. I informed the City that we have asked MRSC to look into this matter and we have had some preliminary discussion as to the interpretation of RCW 35.21.470. The City would defer resolution to this bonding requirement issue pending the outcome of MRSC's research/opinion. As a result, it would kindly appreciated if you would prepare something in writing re the interpretation of this statute. It would help us resolve this conflict. Page 93 of 188 Back to Agenda This Page Intentionally Left Blank Page 94 of 188 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 Subject: Adoption of an Ordinance Adopting Findings of Fact in Support of Ordinance No. 015-18, and Confirming Continuance of that Ordinance Back to Agenda Meeting Date: June 12, 2018 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Issue: On April 24, 2018, the City Council adopted an interim zoning ordinance concerning self -storage uses, and declared an emergency to ensure that the ordinance had immediate effect. RCW 36.70A.390 requires that the City adopt findings of fact in support of an interim zoning ordinance within 60 days of adoption and not later than the meeting immediately following the public hearing on the interim ordinance in order to confirm such an ordinance. The duly noticed hearing on Ordinance 015-18 was conducted at the May 22, 2018 regular City Council meeting. In order to confirm Ordinance 015-18, the Council must adopt findings of fact in support of that ordinance at tonight's meeting. The attached ordinance adopting findings of fact in support of Ordinance 015-18 and confirming the continuance of that ordinance has been prepared for consideration. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council adopt an ordinance, adopting findings of fact in support of Ordinance 015-18 and confirming continuance of that ordinance, as presented. Motion for consideration: "I move to adopt an ordinance adopting findings of fact in support of Ordinance 015-18 and confirming continuance of that ordinance as presented." Fiscal Impact: This proposal is not expected to impact the City's budget. Alternatives: Amend the findings of fact in support of Ordinance 015-18; or, repeal Ordinance 015- 18. Attachments: Draft Ordinance and Ordinance No. 015-18. Page 95 of 188 Back to Agenda This Page Intentionally Left Blank Page 96 of 188 Back to Agenda �ld]IU_ 01"0[0 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING FINDINGS OF FACT FOR ORDINANCE 015-18, AN INTERIM ZONING ORDINANCE RELATING TO SELF STORAGE FACILITIES, AND CONFIRMING THE CONTINUANCE OF ORDINANCE 015-18; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Port Orchard City Council adopted an interim zoning ordinance, Ordinance 015-18, on April 24, 2018, declaring an emergency and approving the Ordinance by a majority plus one; and WHEREAS, RCW 36.70A.390 requires that a public hearing be held within sixty days of the adoption of an interim zoning ordinance if the legislative body adopted the interim zoning ordinance without first holding a public hearing, and that the legislative body adopt findings of fact in support of the interim zoning ordinance either before or after the public hearing; and WHEREAS, Ordinance 015-18 contains the following seven "Whereas" statements in support of the Ordinance: WHEREAS, the City's Zoning Land Use Tables (chapter 20.46 of the Port Orchard Municipal Code) require updating due to the high levels of interest in the development of new indoor and outdoor self -storage facilities in Port Orchard; and WHEREAS, the City staff has been working on a new Zoning Code that will address self -storage uses and locations; however, that zoning code is not ready for adoption at this time; and WHEREAS, the City has undertaken a comprehensive approach toward land use in order to ensure that the public has the facilities it needs while ensure a mix of development occurs throughout the City; and WHEREAS, the self -storage use is emerging as an issue that may impact the City's comprehensive approach to land use planning; and WHEREAS, in order to ensure that the City's planning and zoning work is done in a holistic manner the City Council deems it in the public interest to establish interim regulations addressing self -storage to be applicable during the time the work plan is implemented in order to develop final regulations; and Page 97 of 188 Back to Agenda WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an interim zoning ordinance for a period of up to twelve months; provided that the City has developed a work plan for related studies providing for such a period and that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council desires to adopt changes to the zoning land use tables concerning self -storage uses as an interim zoning ordinance to be in effect while the public process is followed for the adoption of a new zoning code update; and WHEREAS, the City Council conducted a duly noticed public hearing on Ordinance 015-18 on May 22, 2018 to receive public comment and testimony, after which no additional findings of fact were made by the City Council; and WHEREAS, the City Council hereby makes the following additional findings of fact: • The city has recently experienced an increase in the number of property owners and developers asking about building new indoor and outdoor self -storage facilities in Port Orchard; and • The City Council is concerned that new self -storage facilities could be built in areas of the city that would have the potential to disrupt the creation of new neighborhoods and local centers; and • The City Council is concerned that storage facilities, while serving a need of city residents, generate relatively little revenue to the city compared to other commercial land uses and consume large tracts of commercially zoned land; and • Self -storage facilities are highly lucrative business ventures that, once constructed, are rarely converted to other uses or redeveloped; and • The City Council wishes to limit self -storage uses to only a few areas of the city where the Council is confident that the construction of self -storage facilities will not be disruptive to planning efforts to create new neighborhoods and local centers; and • The City Council wishes to have interim controls established that will more closely regulate self -storage facilities while the city's Zoning Code update is being prepared, by limiting the areas in which new facilities can be located; and Page 98 of 188 Back to Agenda • The purpose of this limitation is to prevent new self -storage development that may be inconsistent with the updated Zoning Code, with the City's goals and policies in the Comprehensive Plan, and with the Council's vision for Port Orchard's future development, including its designated commercial gateways and centers; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings of Fact. The City Council adopts all of the "Whereas" sections set forth above as Findings of Fact in support of Ordinance 015-18. SECTION 2. Confirmation of Continuance. Based on the above Findings of Fact, the City Council hereby confirms the continuance of Ordinance 015-18 for one year from its April 24, 2018 adoption. SECTION 3. 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION S. 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 12th day of June, 2018. Robert Putaansuu, Mayor Page 99 of 188 Back to Agenda ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Sharon Cates, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 100 of 188 Back to Agenda ORDINANCE NO.015-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING, AMENDING POMC 20.46.030 TO IMPOSE AN INTERIM OFFICIAL CONTROL, ADOPTING AN INTERIM ZONING ORDINANCE ON SELF STORAGE USES AND ADOPTING AN INTERIM SELF STORAGE OVERLAY MAP; DECLARING THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT; DECLARING AN EMERGENCY; SETTING AN EFFECTIVE DATE AND AN EFFECTIVE PERIOD OF THE INTERIM ZONING ORDINANCE; SETTING THE DATE OF A PUBLIC HEARING ON THE INTERIM ZONING ORDINANCE; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City's Zoning Land Use Tables (chapter 20.46 of the Port Orchard Municipal Code) require updating due to the high levels of interest in the development of new indoor and outdoor self -storage facilities in Port Orchard; and WHEREAS, the City staff has been working on a new Zoning Code that will address self -storage uses and locations; however, that zoning code is not ready for adoption at this time; and WHEREAS, the City has undertaken a comprehensive approach toward land use in order to ensure that the public has the facilities it needs while ensure a mix of development occurs throughout the City; and WHEREAS, the self -storage use is emerging as an issue that may impact the City's comprehensive approach to land use planning; and WHEREAS, in order to ensure that the City's planning and zoning work is done in a holistic manner the City Council deems it in the public interest to establish interim regulations addressing self -storage to be applicable during the time the work plan is implemented in order to develop final regulations; and WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an interim zoning ordinance for a period of up to twelve months; provided that the City has developed a work plan for related studies providing for such a period and that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council desires to adopt changes to the zoning land use tables concerning self -storage uses as an interim zoning ordinance to be in effect while the public process is followed for the adoption of a new zoning code update; now, therefore, Page 101 of 188 Back to Agenda Ordinance No. 015-18 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Purpose. The purpose of this Interim Zoning Ordinance is to allow for the construction of self -storage facilities (indoor and outdoor) in areas that the City Council believes are appropriate and will be of minimal impact to the continued development of Port Orchard while the City continues work on a more robust update to the City's zoning regulations. The City will enforce the interim ordinance during the period that this Interim Zoning Ordinance is in effect. SECTION 2. Imposition of Interim Official Control. An interim official control is hereby imposed to amend the land use chart of the Port Orchard Municipal Code in Section 20.46.030 as set forth in Exhibits A (text) and B (map) which is attached hereto and incorporated herein by this reference as if set forth in full. SECTION 3. Adoption of Interim Control, Work Plan and Setting Public Hearing. This Interim Ordinance is immediately adopted for a period of up to twelve months in order to provide the City adequate time to implement its work plan to study the need for a permanent ordinance. Once the permanent ordinance is adopted, it will replace and repeal this Ordinance. The City will undertake study on this subject to include the following work: A. The City staff will review a new interim or "permanent" zoning ordinance to regulate the location of self -storage facilities on a comprehensive basis. B. Following the review and analysis by the City staff, the Planning Commission will hold study sessions and work to develop a public hearing draft of an ordinance containing the permanent regulations. The Planning Commission will then hold a public hearing(s) on the draft Ordinance; obtain public input on such Ordinance; engage with stakeholders; and make recommendations to the City Council. C. The staff will provide research and analysis for the Planning Commission and Council and will perform SEPA on the proposed regulations. The staff will also send the public hearing draft of the proposed Ordinance to the Department of Commerce for review. D. The City Council will review the draft Ordinance proposed by the Planning Commission and consider the input from the Planning Commission, public and staff at which time the City Council will consider adoption of the new permanent zoning land use regulations on self - storage facilities. SECTION 4. Effect of Interim Zoning Ordinance. This Interim Zoning Ordinance will allow the City, during the next twelve months, to continue accepting applications for self -storage uses and to process them under the interim official control contained in this Ordinance. Those Page 102 of 188 Back to Agenda Ordinance No. 015-IL8 Page 3 of 4 applications conforming to the regulations in this Ordinance may be approved and those that are not consistent with this ordinance may be denied. SECTION 5. Duration of Interim Zoning Ordinance. Pursuant to the Declaration of Emergency in Section 7 below, this Interim Zoning Ordinance shall be immediately effective upon adoption. As long as the City holds a public hearing on the Interim Zoning Ordinance, and adopts findings and conclusions in support of the Interim Zoning Ordinance within sixty (60) days of this adoption, the Interim Zoning Ordinance shall not terminate until twelve (12) months after the date of adoption, unless repealed earlier by the Council, or at the time when all of the events described in Section 3 have been accomplished, whichever is sooner. SECTION 6. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW 36.70A.390 and RCW 35.63.200, the City Council shall hold a public hearing on this Interim Zoning Ordinance within sixty (60) days of its adoption, or before June 23, 2018, so as to hear and consider public comment and testimony regarding this Ordinance. Following such hearing, but no later than the next Council meeting immediately following the public hearing, the City Council shall adopt findings of fact on the subject of this Interim Zoning Ordinance and either justify its continued imposition or repeal this Ordinance. SECTION 7. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Interim Zoning Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. If this Interim Zoning Ordinance is not adopted immediately, applications for the self -storage uses may be submitted and vest under the existing code. In addition, the Interim Zoning Ordinance must be adopted immediately as an emergency measure to protect the public health, safety and welfare, and to allow the continued submission of such applications to the City prior to the adoption of the "permanent" zoning chapters. SECTION 8. 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 9. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force immediately upon passage, having received the vote of a majority plus one of the entire Council. 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 24 day of April 2018. Page 103 of 188 Back to Agenda Ordinance No. 1,1J-1V ATTEST: _ "brandy Rinearson MMC, City Clerk APPROVED AS TO FORM: n Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 4 of 4 lk Scott Diener, Mayor Pro Tempore SPONSOR:-, Shawn Cucciardi, Councilmember of • P RO,Qq�,�y''% SEAL "--b�,002\� Page 104 of 188 Back to Agenda & W , , , n q § . N) � n 0 CD a] § g § - 2 C 2 0 } m 0 ® o E m 0\ < & CD 3 CD ¥ %_ � 0 G q 2 \- e� E 3 q ¥ Q < © § © 4 � $ �_ Q , CD Cr I 0 0 2 E & e � , , Ch \ amCD PD i ® > � \ k Q ° § T. 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Public Works Director Interim Engineer -in -Training (E.I.T.) Atty Routing No.: N/A Position Atty Review Date: N/A Summary: Given the lack of success in filling the authorized Engineering Tech II position for the Public Works Department, a stop -gap measure is needed, being a temporary professional services agreement for an Engineer -in -Training (E.I.T.) Therefore, on May 11, 2018, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (see Exhibit A of Resolution No. 025-18 attached) for the Main Category; Engineering Services and Sub - Category; Civil Engineering and Construction Management. Staff then scored each Statement of Qualification (SOQ) and selected BCRA, Inc. as being the most qualified professional services engineering firm for the Task. Upon confirming the details associated with the requested Task, the City received a Fee Proposal from BCRA, Inc. in the amount not to exceed $12,000.00/month for the 2018 Interim E.I.T. Position. Recommendation: Staff recommends that the City Council adopt Resolution No. 025-18, thereby approving Contract No. C042-18 with BCRA, Inc. in the amount not to exceed $12,000.00/month for the 2018 Interim E.I.T. Position and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Relationship to Comprehensive Plan: None. Motion for Consideration: I move to adopt Resolution No. 025-18, thereby approving Contract No. C042-18 with BCRA, Inc. in the amount not to exceed $12,000.00/month for the 2018 Interim E.I.T. Position and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Fiscal Impact: The 1.0 FTE for an Engineering Tech 2 position was approved in April 2018 via budget amendment. Alternatives: Do not approve. Attachments: Resolution, Contract, and BCR, Inc. Proposal (5/24/2018). Page 115 of 188 Back to Agenda This Page Intentionally Left Blank Page 116 of 188 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C042-18 WITH BCRA, INC. FOR THE 2018 INTERIM ENGINEER - IN -TRAINING (E.I.T) POSITION AND DOCUMENTING THE ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for the Professional Services Roster; and WHEREAS, the City of Port Orchard's Public Works Department has been recently unsuccessful in filling an approved and urgent engineering position need; and WHEREAS, on May 11, 2018, the City of Port Orchard's Public Works Department selected three (3) qualified firms from the City's current Professional Services Roster (Exhibit A attached) for the Main Category; Engineering Services and Sub -Category; Civil Engineering and Construction Management; and WHEREAS, the City's Public Works Department then scored and selected BCRA, Inc., being determined as the most qualified professional services engineering firm; and WHEREAS, the City's Public Works Department then negotiated with BCRA, Inc. on the task Scope and Budget; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. C042-18 with BCRA, Inc. for the 2018 Interim Engineer -in -Training (E.I.T.) task and adopts the "Whereas" statements contained herein, as findings in support of the City's consultant selection procurement procedures. Page 117 of 188 Back to Agenda 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 12th day of June, 2018. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 118 of 188 Back to Agenda Public Agency Name: City of Port Orchard Roster Type: u ant Raster Date: 0 12018 Time: 10:26 am Main -Category: Enqineerinq Services Sub-CateaorV: Civil Enaineerina. Construction Manaaement Consultant Roster Businesses: 4LEAF, Inc Adekoya Business Consulting LLC AEI Williams Group Co. DBA: AEIWG Co. AHBL, Inc. Akana Alstom Renewable US LLC Alta Planning + Design Amec Foster Wheeler Anchor QEA, LLC Apex Engineering Applied Pavement Technology, Inc. Aqua-Terr Systems, Inc. (ATSI) Aqualyze, Inc. Aquatic Contracting LLC Art Anderson Associates AustinCina Architects, p.s. M eerir�g LLC gineers BergerABAM Beyler Consulting, LLC BHC Consultants Blueline Blue Marine, LLC Blue Trident, LLC Braaksma Engineering Inc. Bright Engineering, INc. Brown and Caldwell Bush, Roed & Hitchings, Inc. Butsko Utility Design an NV5 Company Camassia Applied Sciences Cardno Carollo Engineers. Inc. CEKO Century West Engineering CG Engineering PLLC CHS Engineers Clear Creek Solutions, Inc CM Design Group, LLC Coast & Harbor Engineering, A Division of Mott MacDonald Coastal Geologic Services, Inc. Coates Design Inc. Coffman Engineers Coho Water Resources Collins Engineers, Inc. Confluence Engineering Group LLC Confluence Environmental Company Construction Testing Laboratories, Inc. Contour Engineering, LLC Contract Land Staff, LLC COWI North America Inc. CPD Solutions CPH Consultants Crow Engineering, Inc. CSI: Construction Special Inspection CTS Engineers Page 119 of 188 Back to Agenda Infrastructure Engineers, Inc. Integral Consulting Inc. Integrity Energy Services Inter-Fluve, Inc. Jacobs Engineering Group Inc. JECB Jimale Technical Services Johnston Architects pllc KBA, Inc. Keller Associates, Inc. Kennedy/Jenks Consultants Key Environmental Solutions, LLC. Kindred Hydro, Inc. King Technologics, PLLC Kleinfelder KPFF Consulting Engineers G Landau Associates Land Development Consultants, Inc. Larson & Associates, Inc. Lawhead Architects P.S. Leslie Engineering, LLC Lochner (H.W. Lochner) Louis Berger U.S., Inc. Loving Engineering & Consulting, P.S. Inc. LPD Engineering PLLC MacKay Sposito Mackenzie Magnan Consulting Services Inc. MAP, Ltd Mariano and Associates Design Inc. Marine Surveys & Assessments Marx Environmental Consulting, LLC Matthews Construction Services, Inc. Maul Foster & Alongi, Inc. Mead & Hunt, Inc. Merritt Arch PLLC MICHAEL F. WNEK, PE., PS Michael Terrell Landscape Architecture, PLLC MIG, Inc. Migizi Group, Inc. Moffatt & Nichol Mott MacDonald MULTIFACET GROUP Nlurraysmith onstructors Nicholls Kovich Engineering, PLLC Northwest Hydraulic Consultants Northwest Water Systems OAC Services, Inc. Osborn Consulting Inc Otak, Inc. PACE Engineers, Inc. Pacific Engineering & Design, PLLC Pacific Stormwater Pacific Surveying & Engineering Services, Inc. PSE Pacific Testing & Inspection Inc. Pajtelecom arametr Parsons Transportation Group Inc. Patano Studio Architecture Pavement Services, Inc. PBS Engineering and Environmental Inc. Pennell Consulting, Inc. Page 120 of 188 Back to Agenda Perteet Inc. Peterson Structural Engineers PH Consulting LLC PND Engineers, Inc. ProDims, LLC R2 Resource Consultants, Inc. Randal W. Samstag Civil and Sanitary Engineer RC Construction Services, DBA RC Engineering and Construction Management Reichhardt & Ebe Engineering, Inc. Reid Middleton, Inc, H2 Engineering,In RHC Engineering Inc. Rice Fergus Miller Richard VanDeMark, Landscape Architect, Inc., PS Richaven Architecture & Preservation Ridgeline Excavation & Utility Riedesel Engineering, Inc. RMC Architects, PLLC Robert W. Droll, Landscape Architect, PS Roen Associates, Inc. Ronald T. Jepson and Associates, PS Ryka UAS - Providing Unmanned Aerial Surveying and Data Processing Solutions Salas O'Brien Sargent Engineers, Inc. SCE, Inc. Schemmer Consulting Group PLLC SCJ Alliance SCS Engineers SDA Seahurst Electric, Inc. Shannon & Wilson, Inc. Shiels Obletz Johnsen, Inc. Sifts & Hill Engineers, Inc. Skagit Surveyors & Engineers Skillings Connolly, Inc. SLA Landscape Architecture, LLC SNCL Constructors Inc SRT Consultants Staheli Trenchless Consultants, Inc. Stantec SubTerra, Inc SWCA Environmental Consultants T-0 Engineers TerraVista NW, LLC Tetra Tech, Inc. The Greenbusch Group, Inc. The Robinson Company The Watershed Company Toole Design Group LLC Transpo Group Transportation Engineering Northwest, LLC TranTech Engineering, LLC Tres West Engineers Trinity I ERD TripleNet Technologies, Inc. Vector Engineering, Inc. VIA Architecture VIC Associates, Inc Vikek Environmental Engineers, LLC Wagner Architects Washington Forestry Consultants, Inc. Wastewater Solutions, Inc. Waterfall Engineering, LLC Watershed Science & Engineering, Inc. Page 121 of 188 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 121h day of June 2018, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And BCRA, Inc., a corporation, organized under the laws of the State of Washington, doing business at: BCRA, Inc. 2106 Pacific Avenue, Suite 200 Tacoma, WA 98402 Contact: Ben Dort, PE, LEED, AP Sr. Associate — Civil Engineer (hereinafter the "CONSULTANT") Phone: 253.627.4367 for professional services in connection with the following Project: 2018Interim Engineer -in -Training (E.I.T) Position TERMS AND CONDITIONS 1. Services by Consultant. A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. Consultant shall perform the services described in the Scope of Work in accordance with the Tasks identified within Exhibit "A" and the Terms of this Agreement. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and BCRA, Inc. Public Works Project No, PPV2018-014 Prglessional Service Agreement Contract No. C042-18 Lighthouse Rev 3/16/2016 1 of 8 Page 122 of 188 3. Terms. This Agreement shall commence on June 12, 2018 ("Commencement Date") and shall terminate upon 15-days of Written Notice. 11 X Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $12,000.00 within any given month without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ OTHER. 5. Payment. A. Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, City of Port Orchard and BCRA, Inc. Public Works Project No, PIV2018-014 Professional Service Agreement Contract No. C042-IS Lighthouse Rev 3/16/2016 2of8 Page 123 of 188 Back to Agenda marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives or sub - consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work City gfPort Orchard and BCRA, Inc. Public Works Project No. PW2018-014 Professional Service Agreement Contract No, C042-/8 Lighthouse Rev 3/16/2016 3 of 8 Page 124 of 188 not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services shall be at the City's risk and without liability to the Consultant. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business, If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant frorn third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information to the extent required by law, subpoena or other court order. City of Port Orchard and BCRA, Inc. Public Works Project No. PW2018-01 d Professional Service Agreement Contract No, C042-18 Lighthouse Rev 3/16/2016 4of8 Page 125 of 188 L"Lk to Agenda 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Com ensation coverage as required by the Industrial Insurance laws of the State of Washington. City of Port Orchard and BCRA, Inc. Public Works Project No, PW2018-014 Professional Service Agreement Contract No, C042-18 Lighthouse Rev 3/16/2016 5 of 8 Page 126 of 188 4. Professional Uabilily insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: l , Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. I1rofekional Liability_ insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 4. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorse to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and BCRA, Inc. Public G["orks Proieci No. P1, 2018-014 Profi:ssionul Service Agreement Contract No. C042-18 Lighthouse Rev 3/16/2016 6of8 Page 127 of 188 14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Ben Dort, PE, LEED, AP BCRA, Inc. 2106 Pacific Avenue, Suite 200 Tacoma, WA 98402 Phone: 253.627.4367 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. City of Port Orchard and BCRA, Inc. Public Works Project No. PPV2018-014 Professional Service Agreement Contract No. C042-18 Lighthouse Rev 3/16/2016 7of8 Page 128 of 188 D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: By: Robert Putaansuu Name: Don Mellott PE, LEED, AP Mayor Date: Attest: Brandy Rinearson, CMC City Clerk APPROVED AS TO FORM: Lo Sharon Cates City Attorney City of Port Orchard and BCRA, Inc. Public Works Project No. PW2018-014 Professional Service Agreement Contract No. C042-18 Title Date: Principal - Engineering Lighthouse Rev 3/16/2016 8of8 Page 129 of 188 Back to Agenda tm 2106 Paclflc Avenue, Sulte 300 iL A Tacoma, WA 9B402 T (253) 627-4367 EXHIBIT A SCOPE OF WORK Phase 01— EIT Services Task C1— Civil Engineering BCRA will provide the City of Port Orchard with an engineer -in -training (EIT) with two to four years of experience to perform development plan review and support the City's construction inspectors as needed. Shannon Podgorski will be the primary EIT assisting the City and will be available roughly 24 hours per week. Brenna Harrington will also be available to assist as needed. Ben Dort will serve as BCRA's project manager and will coordinate schedules and review invoices. Assumptions: • Shannon will work out of Port Orchard's offices on scheduled days to attend meetings and interact with staff as needed. She may also perform work out of BCRA's office, when acceptable to the City. 2018 Interim EIT Position BCRA Project No. 18094 May 24, 2018 Civil Engineering Page 1 of 1 Page 130 of 188 Back to Agenda 2106 Paclflc Avenue, Sults 300 Tacoma, WA 98402 T (253) 62T•4367 n 2018 Interim EIT Position BCRA Project No. 18094 May 25, 2018 EXHIBIT B BILLING RATES Staff Description Hourly Rate Shannon Podgorski Engineer -In -Training $115 Brenna Harrington Engineer -In -Training $115 Ben Dort Senior Project Manager $175 Civil Engineering Page 1 of i Page 131 of 188 Back to Agenda This Page Intentionally Left Blank Page 132 of 188 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7E Agenda Staff Report Subject: Adoption of a Resolution Approving a Contract with Sullivan Heating & Cooling Inc. for the COPO Library HVAC Replacement Meeting Date Prepared by Back to Agenda June 12, 2018 Mark Dorsey, P.E. Public Works Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On May 16, 2018 and pursuant to RCW 39.04.155, the City's Public Works Department established a list of qualified contractors from the 2018 Small Works Roster (see Resolution Exhibit A attached) for the Main Category; Facility Construction, Repair and Maintenance and Sub -Category; HVAC Installation, Inspection and Maintenance. By the May 30, 2018 noon deadline, the City received one (1) responsive Bid as follows: Sullivan Heating & Cooling, Inc. $30,826.29 (applicable tax included) Engineer's Estimate $20,075.00 (applicable tax included) The Air Masters Heating Bid was received at 12:08 PM and therefore deemed unresponsive. On June 5, 2018, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that Sullivan Heating & Cooling, Inc. (being the lowest qualified bidder), had a valid City Business License. Recommendation: Staff recommends that the City Council adopt Resolution No. 028-18, thereby approving Small Works Contract No. C047-18 with Sullivan Heating & Cooling, Inc. in an amount not to exceed $30,826.29 (applicable tax included) for the 2018 City of Port Orchard Library HVAC Replacement Project. Relationship to Comprehensive Plan: None. Motion for Consideration: I move to adopt Resolution No. 028-18, thereby approving Small Works Contract No. C047-18 with Sullivan Heating & Cooling, Inc. in an amount not to exceed $30,826.29 (applicable tax included) for the 2018 City of Port Orchard Library HVAC Replacement Project. With the understanding of a final written agreement from KRL for the shortfall. Fiscal Impact: Under the assumption that only the existing KRL PO Branch HVAC unit needed replacement, the 2017/2018 Biennial Budget allocated $8,000.00 (001.5.572.50.48.) It was later determined that the building needed a heating/cooling load estimate to compare the capacity of HVAC equipment to the spaces served. The City therefore engaged a mechanical engineer for $3,800.00 to perform this design work and to prepare Ad Ready documents. With the Engineer's Estimate at $20,075.00, it was authorized by Council prior to advertisement to backfill this project with $16,000.00 (minimum) from the unused portion of the City Hall HVAC (001.5.518.30.48.) With Page 133 of 188 Back to Agenda the lowest responsive Bid received at $30,826.29, an additional $11,000.00 has been obtained by KRL to complete the Work. A Budget Amendment will be required. Alternatives: Do not approve. Attachments: Resolution and Contract. Page 134 of 188 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C047-18 WITH SULLIVAN HEATING & COOLING, INC. FOR THE 2018 CITY OF PORT ORCHARD LIBRARY HVAC REPLACEMENT PROJECT & DOCUMENTING THE SMALL PUBLIC WORKS ROSTER I]39Z4111:44Al14,yA�:Z�Z WHEREAS, and as performed annually since 2013, the Municipal Research and Services Center (MRSC) advertised on behalf of participating local government agencies of Washington State (including the City of Port Orchard), for the 2018 MRSC Small Works Roster; and WHEREAS, on May 16, 2018, pursuant to RCW 39.04.155, the City of Port Orchard's Public Works Department established a list of qualified contractors from the 2018 Small Works Roster (see Resolution Exhibit A attached) for the Main -Category; Facility Construction, Repair and Maintenance and Sub -Category HVAC Installation, Inspection and Maintenance; and WHEREAS, by the May 30, 2018, noon deadline, the City's Public Works Department received one (1) responsive Bid, whereby Sullivan Heating & Cooling, Inc. provided the lowest qualified Proposal for the 2018 City of Port Orchard Library HVAC Replacement Project; and WHEREAS, on June 5, 2018, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that Sullivan Heating & Cooling, Inc. has a valid City Business License; and WHEREAS, Kitsap Regional Library (KRL) has committed the additional $11,000.00 needed to complete the Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: The City Council approves Contract No. C047-18 with Sullivan Heating & Cooling, Inc. for the 2018 City of Port Orchard Library HVAC Replacement Project and adopts the "Whereas" statements contained herein, as findings in support of the City's selection procurement procedures. Page 135 of 188 Back to Agenda 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 12th day of June, 2018. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 136 of 188 !t� �Tvt 61 -r A Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 05/16/2018 Time: 10:20 am Main -Category: Facility Construction, Repair, and Maintenance Sub -Category: HVAC Installation, Inspection, and Maintenance Small Works Roster Businesses: Absolute Comfort Technology, LLC ACI Construction Air Management Solutions LLC Air Masters Heating Air pro heating & cooling Ilc AIR SYSTEMS ENGINEERING, INC. Allied Electric Service, Inc. All Trades Mechanical Inc. AM NW Construction Partners LLC Apex Mechanical Ilc Atlas Power Corp ATS Automation Avalon Contracting Services, Inc. Axum General Construction, Inc. Balance Dynamics, Inc. Battery Power Solutions, LLC Beisley Inc Bequette's Air Flo Heating Co. Inc. Bernard Commercial Inc. Big Rock Construction Black Rock Construction & Development LLC Blue Marine, LLC BRADLEY AIR COMPANY Building Resources Inc C&C Solutions, LLC Capital Heating and Cooling CASCADE MACHINERY & ELECTRIC CG Construction Services, Inc C H MURPHY/CLARK ULLMAN INC Clarity Construction Inc. Clean Image Services, Inc CODE MECHANICAL INC Collaborative Construction Solutions, LLC Commercial Chemtech Control Solutions NW Denali Heating & Air Conditioning, LLC Diamond Construction Eagle Pipe & Mechanical EHS-International, Inc. Facility Contractors Inc. Five Star Mechanical FORMA Construction Company GB Systems, Inc. Goldbelt Operations Support Services, LLC. GRUNDFOS CBS INC Hanson Mechanical Systems Hedera LLC dba murphy's Heating & Cooling Hermanson Company LLP HOLADAY-PARKS, INC Holmberg Mechanical Hood Canal Heating & Cooling, Inc. Hurley Engineering Co Innovative Vacuum Services Integrity Energy Services Interstate Restoration Iron Creek Construction Page 137 of 188 Back to Agenda JH Construction Resources, Inc JH KELLY LLC JMG Constructors LLC Johansen Mechanical Inc JRT Mechanical, Inc K-A General Construction Contractor LLC Kaplan Homes Unlimited LLC. KKLA Contractors, LLC Konnerup Construction, Inc MacDonald -Miller Facility Solutions Matthews Construction Services, Inc. Mayda and Sons Mechanical MBI Construction Services, Inc McKinstry Co LLC Miller Sheetmetal, Inc. Mitchell Contractors, Inc. Morgan Mechanical, Inc. Mr. Asphalt & Sons LLC Mt. View Locating Services, LLC Nordland Construction Nw North Cascades Heating and Air Conditioning, Inc. Northwest Abatement Services, Inc. Northwest Controls Contractors, LLC Northwest Thermal Hydronics LLC N P M Construction Co. NW Construction General Contracting, Inc. PACIFIC AIR CONTROL INC. Pacific Tech Construction Pinnacle Contracting, Inc. Power City Electric, Inc. Proctor Sales Inc./Combustion and Control Div. RailWorks Track Systems Ram Construction General Contractors, LLC RAZZ Construction, Inc. RC Zeigler Company Inc Realm Inc. Regency NW Construction Reliable Dynamics LLC Reliant Construction Services Ridgeline Excavation & Utility ROGNLINS INC. Root Construction Services Inc SERVPRO Disaster Recovery Team SERVPRO of Kitsap County Servpro of Renton, South & West Seattle, East Bellevue, & Issaquah & North Bend Siemens Industry, Inc. Skinner Steel and Construction LLC SNJ Construction, Remodeling, and Design, LLC Sound Energy Systems Sullivan Heating &Cooling,lnc Summit Construction SUNRISE GAS AND CHIMNEY SERVICE Systems Management NW, LLC Tacoma HVAC LLC The Franklin Corporation The Salcido Connection, Inc. Tiger Construction, LTD Transblue TRI-MECHANICAL INC. Trinity Contractors Inc. TRM Services TRS Mechanical, Inc. Valdez Construction, Inc Ventilation Power Cleaning, Inc. Page 138 of 188 Back to Agenda VIACS, LLC Washington State General Contracting West Coast mechanical solutions Western Crane Western States Construction, Inc. Western Ventures Construction Inc Windwood Enterprises Inc. Page 139 of 188 SELECTION OF RETAINAGE OPTION CITY OF PORT ORCHARD LIBRARY HVAC REPLACEMENT Contract/Purchase Order Number: Pursuant to RCW 60.28.011, five percent (5%) of all monies earned by the Contractor on estimates during the progress of the work shall be retained by the City for the purposes mentioned in said statute. The Contractor elects to have these monies (check one): ❑ Retained in a fund by the Owner until sixty (60) days following the final acceptance of said improvement or work is completed; ❑ Deposited by the Owner in an interest bearing account in a bank, mutual savings bank, or savings and loan association, not subject to withdrawal until after the final acceptance of said improvement or work is completed, or until agreed to by both parties: Provided that interest on such account shall be paid to the Contractor; or ❑ Placed in escrow with a bank or trust company by the Owner until sixty (60) days following the final acceptance of said improvement or work is completed. When the monies reserved are to be placed in escrow, the Owner shall issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and such bonds and securities shall be held in escrow. Interest on such bonds and securities shall be paid to the Contractor as the said interest accrues. Contractor hereby further agrees to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statue. The City of Port Orchard shall not be liable in any way for any cost or fees in connection therewith. Name of Financial Institution Address of Financial Institution City, State, Zip Code of Financial Institution Escrow Account Number Contractor's Signature Date Page 140 of 188 Back to Agenda CONTRACT DOCUMENTS Page 141 of 188 Back to Agenda and CITY OF PORT ORCHARD SMALL WORKS UNDER 35K CONSTRUCTION CONTRACT NO. C047-18 PUBLIC WORKS PROJECT NO. PW2018-012 THIS Agreement is made effective as of the 121h day of June, 2018, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 SULLIVAN HEATING & COOLING INC ("CONTRACTOR") 5373 Auto Center Way #205 Bremerton, WA 98312 Contact: Daniel Sullivan Phone: 360.405.0723 Email: dan@sullivanheating.com for the following Project: Port Orchard Library HVAC Replacement ("PROJECT") The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. 2015 International Building Code (IBC) and 2015 Energy Code compliance; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. Page 142 of 188 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be June 26, 2018. The Contractor shall substantially complete the Work not later than November 2, 2018, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $30,826.29 (includes applicable sales tax). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Page 143 of 188 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Robert Putannsuu, Mayor ATTEST/AUTHENTICATE: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney Lm Its: Page 144 of 188 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) County of ) , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) 20 Subscribed and sworn to before me this day of Notary Public (Signature) Notary Public (Print) My commission expires Page 145 of 188 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the 2015 IBC Code and the 2015 Energy Code. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." Page 146 of 188 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed -price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed -price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed -price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Page 147 of 188 Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor's own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. Page 148 of 188 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. 22. WARRANTY: Contractor shall provide a one (1) year warranty for the work and improvements installed by Contractor pursuant to the Contract, subject to the following terms and conditions: Contractor agrees that the work and improvements installed pursuant to the Contract shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twelve (12) months after written and final Page 149 of 188 acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twelve (12) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. Contractor shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. City and Contractor agree that in the event any of the improvements or restoration work installed or completed by Contractor pursuant to the Contract fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twelve (12) months from the date of approval/acceptance of the work by the City, Contractor shall repair and/replace the same within ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default. 2. In the event Contractor fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action as described above. No change, extension of time, alteration or addition to the work to be performed by Contractor shall affect the obligations of Contractor under this warranty. In addition, Contractor shall perform a walk-through with City representative(s) one (1) year after final acceptance of the project to determine if any repairs or maintenance for defective workmanship, materials, or installations is required. If so, such repairs and maintenance will be undertaken by Contractor pursuant to the timeline and procedures described above. Page 150 of 188 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 O1 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or Page 151 of 188 damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor's employee -owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained Page 152 of 188 pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Page 153 of 188 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS — RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to: (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Date Bond No. Page 154 of 188 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD LIBRARY HVAC REPLACEMENT Bond to City of Port Orchard, Washington Bond No. We, , and , (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled Library HVAC Replacement Contract No. *** ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.01l(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Page 155 of 188 Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Official Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 156 of 188 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF )ss. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the (check one of the following boxes): ❑ of ,the corporation, ❑ of partnership, ❑ individual, the that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Seal with Ink Stamp Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Page 157 of 188 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this day of 920 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Seal with Ink Stamp Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Page 158 of 188 EXHIBIT A SCHEDULE OF CONTRACT PRICES LIBRARY HVAC REPLACEMENT NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item Estimated No. Quantity SP/STD Description of Item Unit Price Amount PREPARATION I. Lump Sum STD Mobilization A) a?D $ I.— $ /y99 (Words) (1-09) Per Lump Su i RVAC REPLACEMENT 2. CALC STD Minor Change $ 4 '�►l]' $1.00 $1.00 1Lump Sum STD (Words) (1-04) Per Estimate Fly Unit Rettiava/l -��C � r4F f < - ir_ ti. s57,67 (Words) (Div 23) Per Lump Sum 4. Lump Sum STD I IVAC Unit install ' $ (Words) (Div 23) Per Lump Sum OPTIONAL BID ITEMS 5. 2 EA STD Door Undercut Modifications coo 'r $ r9 $ . � _ �., f�^ (Words) (Div 08, Per Linear Foot 6. Lump Sum STD Wall Flealer Re iacemenl .� r (Words) (Div 23) Per yuarc Yard SUBTOTAL: WSST (9%): TOTAL BID: '� g 29' SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full contract price. City of Pori Orchard Libra y HV AC Replacement Project #PW2018-012 LD-12 Contraci Documents May 2018 Page 159 of 188 Back to Agenda GENERAL NOTES ABBREVIATIONS 1. CONTRACTOR IS RESPONSIBLE FOR COORDINATING ALL WORK AND SHALL PERFORM ALL ADMINISTRATIVE AND CONSTRUCTION SUPPORT BTU BRITISH THERMAL UNITS PER HOUR DUTIES. ADMINISTRATIVE AND PROJECT SUPPORT DUTIES INCLUDE, BUT ARE NOT LIMITED TO: DEVELOPING AND IMPLEMENTING A PROJECT CFM CUBIC FEET PER MINUTE SCHEDULE, SAFETY PLAN, AND QUALITY CONTROL PLAN; COMPILING AND PROVIDING CONSTRUCTION SUBMITTALS (INCLUDING CLOSEOUT); AND CLG COOLING PROVIDING OPERATION AND MAINTENANCE MANUALS. EMT ELECTRICAL METALLIC TUBING 2. CONSTRUCTION SAFETY IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR. THESE PLANS AND NOTES ARE NOT INTENDED TO DIRECT THE EXH EXHAUST EXST EXISTING CONTRACTOR'S METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES. HP HORSEPOWER 3. SUBMIT A CERTIFIED LIST OF QUALIFIED SERVICE ORGANIZATIONS FOR SUPPORT OF THE EQUIPMENT WHICH INCLUDES THEIR ADDRESSES AND HTG HEATING QUALIFICATIONS. ORGANIZATIONS SHALL BE ABLE TO RENDER REGULAR AND EMERGENCY SERVICE DURING THE WARRANTY PERIOD OF THE IBC INTERNATIONAL BUILDING CODE CONTRACT. IMC INTERNATIONAL MECHANICAL CODE, INTERMEDIATE METAL CONDUIT LBS POUNDS 4. ALL MATERIALS, WORKMANSHIP, DESIGN, AND CONSTRUCTION SHALL CONFORM TO THE DRAWINGS, SPECIFICATIONS, OSHA, IBC, IMC, AND NEC NATIONAL ELECTRICAL CODE NFPA AS WELL AS STATE AND LOCAL AMENDMENTS. ALL WORK AND MATERIALS SHALL BE IN FULL ACCORDANCE WITH FEDERAL, STATE, AND NFPA NATIONAL FIRE PROTECTION AGENCY LOCAL RULES AND REGULATIONS, FIRE MARSHAL REGULATIONS, STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATIONS, AND ALL OSHA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OTHER APPLICABLE LAWS, CODES, OR REGULATIONS. NOTHING IN THE DRAWINGS OR SPECIFICATIONS SHALL BE CONSTRUED TO PERMIT SMACNA SHEET METAL AND AIR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION WORK NOT CONFORMING TO THESE CODES. WHERE APPLICABLE, INSTALL MATERIALS AND EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. 5. IN CASE OF DISCREPANCIES BETWEEN DRAWINGS, SPECIFICATIONS, REFERENCE STANDARDS, OR GOVERNING CODE, THE MORE STRINGENT REQUIREMENTS SHALL GOVERN. NOTIFY THE AUTHORITY HAVING JURISDICTION OF DISCREPANCIES AND OBTAIN DIRECTION PRIOR TO PROCEEDING. NOTED DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS. 6. THE DESIGN OF THE MECHANICAL SYSTEMS IS BASED UPON THE EQUIPMENT AS IDENTIFIED ON THE DRAWINGS. COORDINATE THE INSTALLATION WITH ALL TRADES AND WITH ANY OTHER WORK OCCURRING AT THE SITE DURING THE CONTRACT TIME. 7. SUBMIT PRODUCT DATA, SHOP DRAWINGS, CATALOG CUT SHEETS, AND OTHER RELATED DOCUMENTATION FOR MATERIALS AND EQUIPMENT TO THE OWNER FOR APPROVAL. PROVIDE WARRANTIES FOR EQUIPMENT SUPPLIED. OTHER MANUFACTURER'S EQUIPMENT MAY BE SUBMITTED PROVIDED THAT THE EQUIPMENT MEETS OR EXCEEDS ALL CRITERIA AND HAS THE WRITTEN APPROVAL OF THE ENGINEER. NO ADDITIONAL LEGEND COST WILL BE INCURRED DUE TO PRODUCT SUBSTITUTION. 8. ANY INTENDED DEVIATION FROM THE PLANS OR SPECIFICATIONS SHALL BE IDENTIFIED BY THE CONTRACTOR AND SPECIFICALLY APPROVED BY THE OWNER TO BE ACCEPTABLE PRIOR TO PERFORMING ANY RELATED WORK. THE OWNER'S REVIEW OF SUBMITTALS WILL BE FOR GENERAL SUPPLY DIFFUSER CONFORMANCE ONLY AND IT SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR TO CONFORM TO ALL REQUIREMENTS OF THE PLANS AND SPECIFICATIONS. 9. ALL DUCTWORK SHALL BE GALVANIZED SHEET METAL CONSTRUCTED IN ACCORDANCE WITH THE LATEST SMACNA STANDARDS. ALL NEW EXHAUST / RETURN DIFFUSER DUCTWORK SHALL BE FORMED FROM COMMERCIAL QUALITY SHEET METAL. SEAL ALL NEW DUCTWORK JOINTS WITH UL LISTED RIGID DUCT SEALANT. DISCONNECT SWITCH 10. MAJOR EQUIPMENT SHALL HAVE THE MANUFACTURER'S NAME, ADDRESS, TYPE/STYLE, AND MODEL/SERIAL NUMBER ON A PLATE. 11. HANDLE, STORE, AND PROTECT EQUIPMENT AND MATERIALS TO PREVENT DAMAGE BEFORE AND DURING INSTALLATION IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. DAMAGED MATERIALS SHALL BE REPLACED AT THE CONTRACTOR'S EXPENSE. 12. CONTRACTOR SHALL PROVIDE DUST CONTROL MEASURES DURING WORK. ALL OPENINGS TO HVAC DUCTWORK SHALL BE PROTECTED FROM DUST ENTERING THE SYSTEMS. 13. REPAIR AND PATCH ALL EXISTING SURFACES DAMAGED OR ALTERED BY NEW WORK. CORRECTIVE WORK SHALL MATCH ADJACENT SURFACE FINISHES. 14. THE LOCATION OF EQUIPMENT, STRUCTURES, AND UTILITIES, AS SHOWN ON THE DRAWINGS, ARE APPROXIMATE AND MAY NOT BE COMPLETE. THE LOCATION OF EXISTING EQUIPMENT IS BASED ON SITE OBSERVATIONS. VERIFY ALL EXISTING DIMENSIONS AND CONDITIONS PRIOR TO COMMENCING WORK. IF EXISTING CONDITIONS DO NOT CLOSELY MATCH CONDITIONS SHOWN ON DRAWINGS, OR IF EXISTING MATERIALS ARE OF QUESTIONABLE OR SUBSTANDARD QUALITY, NOTIFY CONTRACTING OFFICER PRIOR TO COMMENCING WORK. 15. COORDINATE AND SCHEDULE OUTAGES PER OWNER REQUIREMENTS. SCHEDULE WORK TO KEEP OUTAGES TO A MINIMUM. 16. MINIMIZE CUTTING AND PATCHING OF THE BUILDING STRUCTURE. PERFORM INSTALLATION TO PREVENT DEGRADATION OF THE DESIGNED FIRE RATINGS OF WALLS, PARTITIONS, AND CEILINGS. 17. ANCHOR PIPING, DUCTWORK, AND EQUIPMENT IN ACCORDANCE WITH APPLICABLE SEISMIC CRITERIA FOR THE AREA AND AS DEFINED IN THE LATEST SHEET METAL AND AIR CONDITIONING CONTRACTORS' NATIONAL ASSOCIATION (SMACNA) PUBLICATION. 18. CONTRACTOR SHALL PROVIDE RECORD DRAWINGS OF THE ACTUAL INSTALLATION TO THE BUILDING OWNER WITHIN 90 DAYS AFTER THE DATE OF SYSTEM ACCEPTANCE. 19. UNLESS OTHERWISE NOTED, ALL NEW EXTERIOR CONDUIT SHALL BE RIGID METAL STEEL PVC COATED (RMCP). 20. UNLESS OTHERWISE NOTED, ALL NEW INTERIOR CONDUIT SHALL BE EMT OR IMC. 21. UNLESS OTHERWISE NOTED, ALL NEW CONDUCTORS SHALL BE DUAL RATED AS XHHW-2 STRANDED COPPER. 22. THE MINIMUM CABLE BENDING RADIUS SHALL BE TEN TIMES THE CABLE DIAMETER. 23. ALL ELECTRICAL WORK SHOWN ON THE DRAWINGS IS, IN PART, SCHEMATIC AND INTENDED TO CONVEY SCOPE OF WORK AND GENERAL LAYOUT. VERIFY ALL EXISTING CONDITIONS AND MAKE ADJUSTMENTS AS REQUIRED. PROVIDE ALL HARDWARE AND FITTINGS REQUIRED BY THE MANUFACTURER AND THE NEC. 24. ALL ELECTRICAL HARDWARE, FASTENERS, AND JUNCTION/PULL BOXES REQUIRED FOR INSTALLATION SHALL BE STANDARD COMMERCIAL GALVANIZED STEEL. 25. SIZE ALL JUNCTION/PULL BOXES PER ARTICLE 314 OF THE NEC. 26. ALL CONDUIT FITTINGS FOR RIGID METAL STEEL AND IMC CONDUIT MUST BE THREADED TYPE FITTINGS. SPLIT COUPLINGS ARE NOT ACCEPTABLE. PACKAGED ROOFTOP AIR CONDITIONER SCHEDULE TAG AREA SERVED MANUFACTURER & MODEL NO. CAPACITY, BTUH CFM CLG HTG SPL, dBA ELECTRICAL WEIGHT VOLT PH HZ HP MCA MAX BREAKER RTU-1 1994 EAST ADDITION TRANE YHC048Fl 48,000 1 98,400 1920 87 208/230 1 60 5.15 37.3 50 711 FINAL SUBMITTAL z O cr) LQ 0 Qv cc 'C- �DER �,4' oy WASjjrl ��J 55696 �GISTE'S ONAL , `F/ 17 Q _m J J Q z LD CD W Er CL Q v� H 0 Q CU Er 0 H 0 CL Q W 0 z Q z 0 U) W 0 CU DRAW K: JHL DESIGNED: MAD CHECKED: SMH ISSUE DATE 17APR2018 REVISIONS JOB HO FAKRL002 SHT TITLE GENERAL NOTES, ABBREVIATIONS & LEGEND SHT NO 1 0= 3 2018—APR-17 Page 160 of 188 SHEET IS 22x34 ANSI D IF PRINTING 1 1 x17 USE 50% SCALE FACTOR G001 Back to Agenda FLAG NOTES REMOVE EXISTING TRANE YCC048 ROOF TOP UNITARY HVAC UNIT. REPLACE WITH GAS -FIRED, BOTTOM DISCHARGE PACKAGED ROOF TOP HVAC UNIT RTU-1. RECONNECT TO EXISTING ELECTRICAL, CONDENSATE, AND GAS. 2� REPLACE 60A, 240V ELECTRICAL DISCONNECT CINITr`W 3� EXST ROOFTOP HVAC MOUNTING CURB. EXPAND ROOFTOP HVAC UNIT MOUNTING CURB. PATCH AND REPAIR TO MATCH EXISTING ROOF. IB DETAIL M101 co Oco CQ LQ �i z 00 O � w 0 Q� m wo Qv O cc N O Q =�5696 Is STV'y Z ONAL 4t/ 17 a oC m_ J J Q z LD CD w CL Q 0 Q U 0 H 0 CL Q w oC 0 z Q z 0 U) w 0 CU DRAWN: JHL DESIGNED: MAD CHECKED: SMH ISSUE DATE 17APR2018 IN�1 JOB NO FAKRL002 SHT TITLE HVAC ROOF PLAN AND CURB DETAIL FINAL SUBMITTAL NGa= 1 HVAC ROOF PLAN M101 SCALE: 3/16" = V-0" „ Page 161 of 188 0 3" 6" 9" 1' 2' 3' 0 1' 2' 3' 4' 5' 6' 8' 10' 12' 16' SCALE: 1" = 1'-0" SCALE: 3/16" = 1'-0" SHEET IS 22x34 ANSI D IF PRINTING 1 1 x17 USE 50% SCALE FACTOR SHT NO 2 0= 3 FINAL SUBMITTAL MECHANICAL FLOOR PLAN SCALE: 3/16" = V-0" FLAG NOTES EXHAUST FAN REPAIR BY KITSAP REGIONAL LIBRARY MAINTENANCE PERSONNEL. 2� MODIFY DOOR FOR A %2" UNDERCUT FOR EXHAUST AIRFLOW. REPLACE EXISTING THROUGH WALL 2500 BTUH CAPACITY HEATER. VERIFY AND MATCH HEATER CAPACITY. PROVIDE INSTALLATION PLAN TO OWNER FOR APPROVAL. 0' O 00 I � z COD Ln w O � I I m � j Q Q v cc N O N Q �N DER�J ��' oF` WAShrI 1� = �'556 6 O, Is ST ZONAL 4/17 M� W J rr- Z Q LD CL w C� or w 0 oC z CLQ Qz o w =Q U > 0 H 0 CL DRAWN: JHL DESIGNED: MAD CHECKED: SMH ISSUE DATE 17APR2018 REVISIONS JOB NO FAKRL002 SHT TITLE OPTIONAL BID HVAC PLAN SHT NO 3 OF 3 OB101 2018-APR-17 Page 162 of 188 0 1 ' 2' 3' 4' 5' 6' 8' 10' 12' 16' SCALE: 3/16" = 1'-0" SHEET IS 22x34 ANSI D IF PRINTING 1 1 x17 USE 50% SCALE FACTOR Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7F Approval of Special Event Application: Kitsap Bank 110th Anniversary Employee Launch Partv Back to Agenda Meeting Date: June 12, 2018 Prepared by: Brandy Rinearson, MMC Atty Routing No.: Atty Review Date N/A N/A Clerk Summary: Shannon Childs, with Kitsap Bank, submitted a special event application for the Kitsap Bank 110th Anniversary Employee Launch Party to be held Saturday, August 4th, 2018. The private event will begin at 3:00pm and end at 6:00pm. Kitsap Bank is requesting use of City property and street closures of Bay Street from Kitsap to Sidney, Sidney from Orchard to Frederick, and Orchard from the Port to Bay Street. The bank's purpose is for their employees to celebrate the anniversary of the bank and the launch of a new logo. They are anticipating between 500 to 600 attendees. Port Orchard Municipal Code 5.94.050 (4) requires Council approval of an event with street or highway closures that are not exempt outlined in Resolution No. 024-17. Port Orchard Municipal Code 5.94.030 (3) requires the application for a special permit to be filed with the city clerk's office no less than 120 days, before the date when the proposed special event it to take place. Since the application was not submitted within this timeframe, a onetime leniency is being requested. To expedite the process, City Departments, South Kitsap Fire and Rescue, and Kitsap Transit have been provided the application for review. Their recommendations and/or comments have been provided in the packet, any additional responses received after the packet process are provided on the dais. Recommendation: If Council finds the event will not seriously inconvenience or impair the general public's use of public property, services, or facilities; then staff recommends approving the special event application, as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: I move to approve the special event application for Kitsap Bank to hold their 110th Anniversary Employee Launch Party Event using City properties and allow for street closures, as presented. Fiscal Impact: N/A Page 163 of 188 Back to Agenda Alternatives: Deny the application or approve with conditions. Attachments: Application for Special Event, Maps, Comments. Page 164 of 188 Back to Agenda ORCHARD r ----- ---- ---- --MAY_ - -20,98 -- SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) Event Information CITY OF PORT ORCHARD CITY CLERKS OFFICE Name of event: Kitsap Bank's 110th Anniversary Employee Launch Party Location of event: Kitsap Bank - 619 Bay Street, Port Orchard, WA 98366 Description of event: We will be hosting a 110th Anniversary Party for employees and their guests on August 4 from 3pm to 6pm. We plan on having food, drinks, games and live music on our bank property at Corporate Headquarters. Will you be charging an entry fee? Dyes @No Anticipated number of visitors: If yes, how much? $ 500 - 600 guests Date(s) of the Event: Time Open to Public: N/A Saturday, August 4, 2018 Time Closed to Public: 8am to 7pm (Road Closures vary Time Open to Vendors (include setup and teardown): gam to 7pm Event Web Site N/A Type of Event: ❑ Festival ❑ Walk/Run ❑ Parade ❑ vendor Fair Other Organization Information Name of Organization Kitsap Bank Do you have an active City Business License? @Yes ❑No What is your UBI number? 182-002-553 Point of Contact Name Shannon Childs Street Address Mailing Address (if different from street address) 619 Bay Street P.O. Box 9 City State Zip City State Zip Port Orchard WA 98366 Port Orchard WA 98366 Phone Alternate Phone Email 360-876-5542 schilds@kitsapbank.com City of Port Orchard I Special Event Application Page 3 of 10 See Page 3) Page 165 of 188 Back to Agenda Public Health and Safety Health: Will food be served at the event? @Yes El No If yes, you maybe required to contact the Kitsap County Health District for additional permits. Will alcohol be served at the event? @Yes El No If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. What is your garbage, recycling, and sanitation plan: Garbage and Recyling bins will be placed throughout the event space. All garbage and recycling at the end of the event will be placed in our large enclosed dumpster, on site, for Waste Management to pick up on Monday after the event. We have reserved two wash stations and 6 portable restrooms, which will be placed against the fencing located near our drive thru building, away from food and drink stations. Safety: Will you be requesting police officers for traffic and crowd control? @Yes El No Please indicate how public safety, traffic, and crowd control will be provided and how many police officers you anticipate will be needed for (a) traffic control and (b) crowd control: We would like to request two off duty police officers to monitor crowd control as well as traffic control for our employees to cross Bay street if not able to close street. POMC 5.94.080'City Assistance' states the chief of police, fire chief, and/or public works director may require any reasonable and necessary traffic control, including requiring non -city staff to serve as certified flagger(s), use of downtown parking lots, police protection and/or emergency medical services to be provide at the special event at the organizer's expense. Resolution 034-11 states Community events or private activities, which have not been previously exempted from reimbursement under prior City ordinance or resolution, and which require enhanced police security shall pay a flat rate of $55 per hour to the City for each commissioned officer and police reserve. The use of commissioned officers and police reserves shall be at the sole discretion of the Chief of Police. City of Port Orchard ( Special Event Application Page 4 of 10 Page 166 of 188 Back to Agenda Use of City Right -of -Way and Parking Impacts Use of City Right -of -Way: Will this event require closure of a State Highway Street (Bay Street/SR166)? 4 Yes ❑ No For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city. Online application for WSDOT can be located at: www.wsdot.wa.gov/operations/traffic/events/htm. Will this event require full or partial closure of any City right-of-way street(s), or obstruct or interfere with any highway, road, or City right-of-way ? 4 Yes ❑ No If yes, please also include on map (indicated on Page 7) the route or street closur%bstruction and state below. Please see example below on how to complete the street closure information: EXAMPLE: Street to be closed and/or obstructed: Bay Street Between which streets/intersections: Kitsap Street and Cline Avenue Dote(s) of closur%bstruction: 211812018 Time(s) of closur%bstruction: 1pm to 3om SPECIAL EVENT CLOSURE(S): Street to be closed and/or obstructed: Orchard Street,Bay Street & Sidney Pkwy Between which streets/intersections: Orchard St.- (The Port to Bay St.) Bay St. - (Kitsap St to Sidney) Sidney - Orchard to Frederick Date(s) of closure/obstruction: August 4, 2018 Time(s) of closure/obstruction: Orchard St. and Sidney Pkwy 8am to 7pm and Bay St. 2:30pm to 6:30pm Parking Impacts: Have parking impacts been coordinated with neighbors (residential/business)? 4 Yes Will shuttle busses be provided? 11 Yes ❑ No ❑ Not Applicable ❑ No ❑ Not Applicable City of Port Orchard I Special Event Application Page 5 of 10 Page 167 of 188 Back to Agenda Site Map A site map is required to be submitted which includes the following: Vendors: 9 Yes ❑ No ❑ Not applicable Signage: ❑ Yes ■ No ❑ Not applicable Tents: VYes ❑ No ❑ Not applicable Public entrances and exits: ❑ Yes ❑ No Not applicable Road closures and detours: Yes ❑ No ❑ Not applicable Traffic patterns: Yes ❑ No ❑ Not applicable Fire Lanes: Yes ❑ No ❑ Not applicable Sanitation: UYes ❑ No ❑ Not applicable Barricades: UYes ❑ No ❑ Not applicable First Aid: ❑ Yes M No ❑ Not applicable Parking: ❑ Yes 11No ❑ Not applicable Restrooms: UYes ❑ No ❑ Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No Not applicable City of Port Orchard I Special Event Application Page 6 of 10 Page 168 of 188 Back to Agenda Event Signage and Vending Signage: Are you planning to put up temporary signs? ❑Yes O No "Temporary sign" means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. They may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20- ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials or permanently mounted shall be considered permanent and require a permit. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Does your event include a tent or membrane structure? @Yes ❑No If yes: • A permit is required for a tent that has one or more side panels and is 400 square feet or larger. • A permit is required for a membrane structure that has no side panels and is over 700 square feet. Please contact the Department of Community Development for submittal requirements at (360) 874-5533. Vending: Did you indicate your event will have vendors? RYes ❑No 9 How many anticipated exhibitors/vendors will be at your event?_ Per POMC 5.96, if your event has ten or more vendors engaged in public property vending, you are required to have a Master Vendor License (MVL). The MVL fee is $15.00 per day or $200 per month. ■ No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks; ■ Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.; ■ Vending devices and vending sites must be clean and orderly at all times. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices; ■ Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site; ■ Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk; ■ No mechanical audio or noisemaking devices are allowed, and no hawking is allowed; ■ A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands; ■ Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and ■ No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Application Page 7 of 10 Page 169 of 188 Back to Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.com/. Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. I, as the President gAChair of my organization, agree to the terms and conditions listed above. Signature of President/Chair of Organiza on Print Name Date FOR CITY CLERK'S OFFICE USE ONLY Comments received by: Date $50 Permit Fee Received: Date $50 Expedited Fee Received (if applicable): 'olice ❑ Fire q Public Works\KFinance ❑ Community Developmen-Kitsap Transit ❑ Clerk's Office CO - Date Insurance Certificate(s) Received: t Does event require a Master Vendor License (MVL): ❑ Yes RIP Number of days: Amount: Date MVL sent: If Yes: ❑ $15/day fee ❑ $200/monthly fee Date MVL fee paid: City of Port Orchard I Special Event Application Page 8 of 10 Page 170 of 188 Back to Agend V)m Ln r . ry �r �. even'IP Port orchard Municipal Court On The Bay 91, ■ = Closed Streets ■ = Fire Lanes ■ = Detour ■ = Barricades Carter Arid Company I Mainline Music; Back to Agenda Part orchard Fam Ferry Dock E Port Orchard Public Market Coffee oasis hiiwy St Cafi Prespe Kitsai Page 172 of 188 Back to Agenda RECEIVED MAY 2 1 2313 CITY OF PORT ORCHARD CITY CLERKS OFFICE 'Michelle Whisenant' <MWhisenant @ cityofportorchard.us> City of Port Orchard Hello Michelle, ARV�'�- KITSAP BANK. 619 Bay St., P.O. Box 9 Port Orchard, WA 98366 360-876-7834 I am pleased to submit Kitsap Bank's application for a special event permit. We think we have a very special event in our future, as we celebrate our 110th birthday this summer! In honor of this milestone year, we are refreshing our brand, and will be unveiling our new logo and signage at a private event for our employees here at corporate headquarters on August 4. We expect to accommodate approximately 600 employees and their family members from 3pm to 6pm. A public brand launch will follow on our anniversary day, Wednesday, August 8. Venue Eight food trucks, seven located in our parking lot on the south side of Bay Street, will serve our guests. Carnival games, a band, a shave ice truck, and beer garden will be located next to our headquarters building in the parking lot to the north side of Bay Street. We will also have mini golf and some other amusements near our drive thru bank building across from our headquarters. Street closures Because of this, we are requesting the closure of Orchard Street between headquarters and the drive thru bank from the Port of Bremerton to Bay Street for the day. There will be equipment setting up and taking down the amusements and stage during the hours prior to and after the event. In addition we would like to ask for the lane and parking spaces at Port or Bremerton (city spaces?) adjacent to our bank drive thru property extending from Orchard St to Frederick. We are also asking to close Bay Street from 2:30 pm to 6:30 pm from Kitsap St to Sidney for safety reasons. (A shorter closure would be from Bob Geiger St to Frederick St. However, for traffic flow, a closure from Kitsap St to Sidney is probably better. Traffic turning left from Sidney to Bay would reach a dead end at Frederick and be forced into the marina parking area and back to Sidney.) We have discussed hiring crossing guards for the two crosswalks, and will do so if the Bay Street closure is declined. However, just knowing that kids, and some adults, can be unpredictable, we hope that we can gain permission to close the street during the event. We will have a hard stop of 6pm, and the vendors will be exiting shortly after the party ends. Vendors and Services All of our vendors are paid by Kitsap Bank; there will be no monies exchanged during the event. The food trucks are all licensed and have their food handling permits. The beer garden will be located on our private property and managed by a licensed bartending service, which will have all necessary permits. We have arranged for portable restrooms, as well as hand washing stations; and we will collect and recycle or dispose of all waste through our contract with Waste Management. Parking and Transportation More than half of our guests will park at Kitsap Bank locations in Bremerton and ferry to Port Orchard. Kitsap Transit will be expecting them, and John Clauson has arranged to put an additional ferry into service if needed. The remaining guests will park at the County Building in Port Orchard and walk down; or for less ambulatory guests, we have reserved parking at the high school and will provide a shuttle service. We will post A frame signs and cones at the entrances to our parking lots on Friday evening, August 3 informing the public that a private event will be taking place on August 4cn Security With public and employee safety in mind, we are requesting the presence of two off -duty police officers for the event. Any first aid needs will be handled in our bank building. We have reached out to our neighbors to let them know about this event; and they have been very supportive! Michelle, we have tried to think of everything! Please do not hesitate to contact me with any questions. We appreciate your help. Thanks very much. Shannon Childs Back to Agenda Michelle Whisenant From: Mark Dorsey Sent: Thursday, June 07, 2018 4:36 PM To: Michelle Whisenant; Brad Wiggins; Geoffrey Marti; Kevin Futrell; Kori Pearson; Michelle Thomas; Nick Bond; publicworks mailbox; Tony Lang Subject: RE: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) Follow Up Flag: Follow up Flag Status: Flagged I rescind my previous comment ...... I didn't notice the road closure. It doesn't seem practical to close the road for this event ..... (too many closures over the course of the year.) From: Mark Dorsey Sent: Thursday, June 07, 2018 3:48 PM To: Michelle Whisenant <MWhisenant@cityofportorchard.us>; Brad Wiggins <bwiggins@skfr.org>; Geoffrey Marti <gmarti@cityofportorchard.us>; Kevin Futrell <kevinf@kitsaptransit.com>; Kori Pearson <kpearson@cityofportorchard.us>; Michelle Thomas <mthomas@cityofportorchard.us>; Nick Bond <nbond@cityofportorchard.us>; publicworks mailbox <publicworks@cityofportorchard.us>; Tony Lang <tlang@cityofportorchard.us> Subject: RE: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) No comments From: Michelle Whisenant Sent: Thursday, June 07, 2018 3:40 PM To: Brad Wiggins <bwiggins@skfr.org>; Geoffrey Marti <gmarti@cityofportorchard.us>; Kevin Futrell <kevinf@kitsaptransit.com>; Kori Pearson <kpearson@cityofportorchard.us>; Mark Dorsey <mdorsey@cityofportorchard.us>; Michelle Thomas <mthomas@cityofportorchard.us>; Nick Bond <nbond@citvofportorchard.us>; publicworks mailbox <publicworks@cityofportorchard.us>; Tony Lang <tlang@cityofportorchard.us> Subject: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) All — Please see attached application and return comments as soon as possible, or at least by 6/14 (Fire by 07/14 ). Since this is a new event it will go before council next week, on Tuesday, June 12th. If no comment is received it will be assumed there's no objection and the process will move forward, depending on Council review. Kind Regards, Michelle Whisenant Office Assistant II City of Port Orchard Direct (36o) 874-5521 Fax (36o) 895-9029 www.cityofportorchard.us Like us on Facebook Please consider the environment before printing this e-mail Page 175 of 188 Back to Agenda Michelle Whisenant From: Kevin Futrell <kevinf@kitsaptransit.com> Sent: Thursday, June 07, 2018 4:45 PM To: Michelle Whisenant Subject: Re: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) Follow Up Flag: Follow up Flag Status: Flagged As long as Transit can get through the intersection, Kitsap Transit has no issues with the proposed event. Will this affect the timing at that light? Our drivers have enough of an issue getting through the light at Sidney and Bay Street. Kevin Futrell, 360-900-7095 Sent from my iPhone On Jun 7, 2018, at 3:40 PM, Michelle Whisenant<MWhisenant@cityofportorchard.us> wrote: All — Please see attached application and return comments as soon as possible, or at least by 6/14 (Fire by 07/14 ). Since this is a new event it will go before council next week, on Tuesday, June 12t''. If no comment is received it will be assumed there's no objection and the process will move forward, depending on Council review. Kind Regards, Michelle Whisenant Office Assistant II City of Port Orchard Direct (36o) 874-5521 Fax (36o) 895-9029 www.cityofportorchard.us Like us on Facebook Please consider the environment before printing this e-mail Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. <SE 2018 Kitsap Bank's 110th Anniversary.pdf> Page 176 of 188 Back to Agenda Michelle Whisenant From: Geoffrey Marti Sent: Friday, June 08, 2018 8:43 AM To: Michelle Whisenant Subject: RE: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) In reviewing this application, I believe that it would be best for a road closure for public safety reasons. This appears to be a non -annual event, and if the organizer is able to get approval for the closure, two (2) officers would be needed for the event. The Police Department approves this application. Police Chief From: Michelle Whisenant Sent: Thursday, June 07, 2018 3:40 PM To: Brad Wiggins; Geoffrey Marti; Kevin Futrell; Kori Pearson; Mark Dorsey; Michelle Thomas; Nick Bond; publicworks mailbox; Tony Lang Subject: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) All — Please see attached application and return comments as soon as possible, or at least by 6/14 (Fire by 07/14 ). Since this is a new event it will go before council next week, on Tuesday, June 12th. If no comment is received it will be assumed there's no objection and the process will move forward, depending on Council review. Kind Regards, Michelle Whisenant Office Assistant II City of Port Orchard Direct (36o) 874-5521 Fax (36o) 895-9029 www.cityofportorchard.us Like us on Facebook Please consider the environment before printing this e-mail Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. Page 177 of 188 Back to Agenda Michelle Whisenant From: Kori Pearson Sent: Thursday, June 07, 2018 3:58 PM To: Michelle Whisenant Subject: RE: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCIL JUNE 12TH) Follow Up Flag: Follow up Flag Status: Flagged No comment Thank you, K&rb Peo rso� Accounting Assistant III City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-7020 / (360) 895-9029 FAX Please visit our website at https://www.citvofportorchard.us You can now pay your bills online at https:HcitVofportorchard.merchanttransact.com From: Michelle Whisenant Sent: Thursday, June 07, 2018 3:40 PM To: Brad Wiggins <bwiggins@skfr.org>; Geoffrey Marti <gmarti@cityofportorchard.us>; Kevin Futrell <kevinf@kitsaptransit.com>; Kori Pearson <kpearson@cityofportorchard.us>; Mark Dorsey <mdorsey@cityofportorchard.us>; Michelle Thomas <mthomas@cityofportorchard.us>; Nick Bond <nbond@cityofportorchard.us>; publicworks mailbox <publicworks@cityofportorchard.us>; Tony Lang <tlang@cityofportorchard.us> Subject: SE REVIEW: Kitsap Bank 110th Anniversary Employee Launch Party (COUNCILJUNE 12TH) All — Please see attached application and return comments as soon as possible, or at least by 6/14 (Fire by 07/14 ). Since this is a new event it will go before council next week, on Tuesday, June 12th. If no comment is received it will be assumed there's no objection and the process will move forward, depending on Council review. Kind Regards, Michelle Whisenant Office Assistant II City of Port Orchard Direct (36o) 874-5521 Fax (36o) 895-9029 www.citvofnortorchard.us Like us on Facebook Page 178 of 188 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of May 22, 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 Absent 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 Ashby seconded by Councilmember Diener to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Check Nos. 74346 through 74425 totaling $1,023,630.82; and Bi-Weekly Payroll including Check Nos. 147940 through 147955 totaling $409,234.45. B. Excusal of Councilmember Cucciardi Due to a Business Obligation Page 179 of 188 Back to Agenda MOTION: By Councilmember Diener, seconded by Councilmember Chang, to approve the consent agenda. The motion carried. S. PRESENTATION A. West Sound Treatment Center Evans Calas, Board Director of West Sound Treatment Center, provided a presentation on the services they provide in Kitsap County. Jack Thomas, IS&T Operations Specialist, spoke about his past and how the Treatment Center helped him to recover and become a responsible and productive member of society. 6. PUBLIC HEARING A. Public Hearing on Interim Ordinance No. 015-18, Concerning Self -Storage Facilities Mayor Putaansuu opened the public hearing at 6:48 p.m. Emery, has been in the self -storage business since 1990 and has been looking into property in Port Orchard. He has concerns with the ordinance stating, in part, 'zoning Ordinance must be adopted immediately as an emergency measure to protect the public health, safety and welfare'. He questions if he has been damaging the safety, welfare, and public health of these communities? There being no further testimony, Mayor Putaansuu closed the public hearing at 6:50 p.m. 7. BUSINESS ITEMS A. Adoption of a Resolution Acknowledging and Correcting Past Contract Procurement/Management Policy and Procedure Deficiencies MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, 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. Councilmember Chang said he is an employee at the Department of Transportation but is not associated with highways or local programs. If anyone feels this is a conflict, he will recuse himself. Page 180 of 188 Back to Agenda No one voiced concerns over this being a conflict, therefore he will vote on this matter. The motion carried. (Resolution No. 024-18) 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 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, 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. The motion carried. 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 MOTION: By Councilmember Clauson, seconded by Councilmember Diener, 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. Councilmember Lucarelli said she has a family member who works for N.L. Olsen & Associates. If anyone feels this is a conflict, she will recuse herself. No one voiced concerns over this being a conflict, therefore she will vote on this matter. The motion carried. 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 MOTION: By Councilmember Clauson seconded by Councilmember Rosapepe, 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. The motion carried. Page 181 of 188 Back to Agenda E. Approval of the May 8, 2018, Council Meeting Minutes MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve the May gtn Council meeting minutes as presented. The motion passed. Councilmember Clauson abstained. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee is scheduled to meet May 29t". He also reported he is on the advisory board for the State Work Release Facility and provided an update on the facility. Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet June 11tn Councilmember Lucarelli reported on the May 2151 Utilities Committee meeting. The next meeting is scheduled for June 18t". The Sewer Advisory Committee meeting is scheduled for July 181". She reported on the May 215t Chimes and Lights Committee meeting. The next meeting is scheduled for June 18tn Councilmember Diener reported the Land Use Committee is scheduled to meet June 4tn Councilmember Ashby reported the KRCC retreat is scheduled for May 29tn Mayor Putaansuu reported on the Kitsap Transit Board meeting. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Job opportunities with the City; • Council retreat; • Transportation projects; • CENCOM board; • Lowe's traffic intersection and 'No Turn on Red' proposed sign; • Girl Scout flamingos; • West Sound Treatment Center proclamation; and • Town hall meeting. Page 182 of 188 Back to Agenda 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey provided project updates on McCormick Park Phase II, Well No. 9, Bay Street Pedestrian Pathway, and the Tremont Widening Project. Community Development Director Bond reported on a site -specific comp plan amendment to the UGA [Urban Growth Area] on Fircrest Drive. There are three properties proposed for rezoning from urban high to commercial. This is taking away residential capacity and adding commercial capacity. Council and staff briefly discussed if, and how, the City should respond. Council Direction: Council directed staff to place this discussion on the next Council meeting agenda. City Clerk Rinearson asked Council to let her know when they would be available to do a group photo. 11. CITIZENS COMMENTS Gerry Harmon voiced concerns about not being able to hear Councilmembers speaking during meetings and asked about headphone microphones. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 7: 59 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 183 of 188 Back to Agenda This Page Intentionally Left Blank Page 184 of 188 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 Subject: Discussion: Hanley Property — Proposed Kitsap County Comprehensive Plan Amendment Back to Agenda Meeting Date: June 12, 2018 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Issue: Kitsap County is considering a comprehensive plan amendment request to redesignate 3 adjacent parcels totaling 1.03 acres, from Urban High Density Residential to Urban High Intensity Commercial. The property, which is owned by Hanley Property LLC, is located on Fircrest Drive SE, south of SE Mile Hill Road, in the City's unincorporated urban growth area (UGA). The current use of the property, which is a construction and equipment yard and office for Hanley Construction, is nonconforming to the existing residential land use designation and zoning. A construction and equipment yard is considered an industrial use in the City's comprehensive plan and zoning code. It is also listed as an industrial use (contractor's storage yard) in the County's land use table, KCC 17.410.044. Therefore, the County's proposal to redesignate this property's land use from residential to commercial would not resolve the nonconforming use issue. In future, the existing industrial use could be replaced by commercial uses, but a commercial land use designation would not allow expansion of the existing nonconforming industrial use. It is therefore difficult to understand what advantage would accrue to the property owner from the proposed redesignation. It would also be inappropriate for the County to redesignate the property as industrial, since the surrounding properties are residential, and a majority of the industrial uses that could be developed and operated on the site would be incompatible with the adjacent residential uses. If the County wishes to redesignate the property to allow the property owner to operate a conforming land use and/or expand the current use, an area -wide redesignation of this property and the surrounding residential properties to an industrial land use should be considered. This would prevent a "piecemeal" land use change which would prolong the existence of a nonconforming use, and which could potentially create an island of more intense and incompatible land uses in an area that is currently intended for future residential development. To address these concerns, the DCD Director has prepared a draft letter to the County at the direction of the City Council, which has been provided to the Council for review. Relationship to Comprehensive Plan: Policy LU-1 Ensure that land use and zoning regulations maintain and enhance existing single-family residential neighborhoods, while encouraging that new development provides a mixed range of housing types. Page 185 of 188 Back to Agenda Policy LU-2 Limit industrial development to locations accessible from arterials or freeways and discourage industrial access through residential areas. Policy LU-26 Require adequate transitions between different land uses to mitigate potential negative impacts of noise, light, and air pollution. Recommendation: Staff recommends that the City Council discuss the draft letter and consider sending the draft letter to the County. Motion for consideration: (Optional) "I move to direct staff to finalize and send the letter to Kitsap County regarding the Hanley Comprehensive Plan Amendment as presented." Fiscal Impact: This proposal is not expected to impact the City's budget. Alternatives: Direct staff to revise the draft letter; or, do not send a letter to the County. Attachments: Draft letter to Kitsap County re Hanley Amendment. Page 186 of 188 Back to Agenda Date here Re: Dear **, Thank you for the opportunity to comment on the proposed Hanley Property LLC Comprehensive Plan Amendment 18-00528. The City Council would like to offer the following comments on this proposed amendment: The proposed land use change for 3 properties from Urban High Residential to Urban High Commercial appears as if it would create an island of commercial property surrounded by residential property. If zoning is to be changed from residential to commercial, the change should be area wide and result in regular boundaries rather than the current piecemeal rezone proposal. The City would also like to express concern about the current use of this property relative to the zoning sought. It appears that the current use of the property as a construction and equipment yard and office is non -conforming to the current and proposed zone. Rezones should be considered based on how the County feels property should be used in the future. If an existing use is a legal nonconforming use, it may remain in current location but should not be expanded. If the County feels that the use should be expanded, then appropriate zoning should be provided, in this case Industrial (IND). However, the decision to rezone should consider not just the expansion of the current non -conforming use, but all possible uses that could be permitted under the new designation. In this case, rezoning the property to Industrial (IND) should not be approved as a majority of industrial uses allowed under the Industrial (IND) zone would be incompatible with the surrounding residential zoning. On June 12, 2018, the Port Orchard City Council directed me to provide these comments and to state their opposition to the proposed rezone for the reasons indicated above. Please feel free to contact my office should you have any questions. Sincerely, Nicholas Bond, AICP City Development Director Page 187 of 188 Back to Agenda End cc: Page 188 of 188