Loading...
07/24/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda July 24, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks and Payroll B. Approval of the July 10, 2018, Council Meeting Minutes Page 3 C. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Rinearson) Page 9 D. Approval of a Lease with Dawn Jake, 420 Cline Ave LLC, for Rights-of- Way Adjacent to 420 Cline Avenue for Additional Parking (Rinearson) Page 15 E. Approval of an Amended Interlocal Agreement with Kitsap County Regarding Beneficial Use of the City’s Regional Decant Facility (Dorsey) Page 25 F. Approval of Change Order No. 5 to Contract No. 021-17 with Transpo Group USA, Inc. for the 2017-2018 Anderson Hill/Old Clifton Road Roundabout 100% PS&E (Dorsey) Page 33 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of a Resolution Approving a Contract with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project and Documenting Procurement Procedures (Dorsey) Page 37 B. Adoption of a Resolution Supporting the TIB 2018 Urban Arterial Program Funding Application for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project (Dorsey) Page 57 C. Approval of Change Orders No. 4, 5, and 6 to Contract No. 037-17 with Active Construction, Inc. for the Tremont Street Widening Project (Dorsey) Page 63 D. Discussion of 2018 Paving Options (Pleasants) Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt CENCOM-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Debbie Hunt Court Administrator Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. July 24, 2018, Meeting Agenda Page 2 of 2 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 Date & Time Location Finance July 24, 2018; 5:15pm City Hall Economic Development and Tourism September 10, 2018; 9:30am City Hall Utilities TBD, 2018, 9:30am City Hall Sewer Advisory August 15, 2018; 6:30pm SKWRF* Land Use August 6, 2018; 9:30am DCD** Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights August 20, 2018, 3:30pm City Hall Outside Agency Committees 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 City of Port Orchard Council Meeting Minutes Regular Meeting of July 10, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the Deputy City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, Deputy City Clerk Floyd, and Office Assistant II Whisenant were also present. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. B. COUNCIL PHOTO Council photo was taken after the meeting adjourned. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to move Business Item 7G to Business Item 7A. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 3 of 73 4. CONSENT AGENDA A. Approval of Check Nos. 74652 through 74778 totaling $670,793.63; June Electronic Payment Dates 6/1/2018 through 6/30/2018 totaling $211,609.73; and Bi-Weekly Payroll including Check Nos. 147968 through 147985 totaling $469,059.39. B. Approval of the June 19, 2018, Council Work Study Session Minutes C. Adoption of a Resolution Approving a Contract with Correct Equipment, Inc. for the 2018 McCormick Woods STEP System Retrofit & Documenting Procurement Procedures (Resolution No. 031-18) MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Introduction of a New Member of the Gordon Thomas Honeywell-GA Team, Josh Weiss Briahna Murray introduced Josh Weiss as the new Vice President of Gordon Thomas Honeywell Governmental Affairs Team. Mr. Weiss informed the Council of his background and previous involvement within the government. Councilmember Ashby invited Mr. Weiss to the November 15th KRCC Legislative Meeting. Ms. Murray emphasized the excitement of bring Mr. Weiss to the Gordon Thomas Honeywell Team, and explained their focus for the upcoming 2019 Legislative Agenda. Invited Council to address additional items of interest to research over the interim. In response to Councilmember Clauson’s inquiry about the revenue forecast, Mr. Weiss expressed that the forecast is strong and mentioned the uncertain impacts with China’s Trade War. 4 of 73 In response to Councilmember Clauson’s question about the influence with the Supreme Court ruling on internet sells, Ms. Murray noted the ruling solidified what the state is currently in process of implementing, through the State’s recent changes in the Market Place Fairness Act, and first quarter sales tax revenues were just released, and the specific Port Orchard revenue will be provided. B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Parking, Stopping, or Standing MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to adopt Ordinance No. 018-18, thereby updating POMC Sections 10.12.010, 10.12.500 and adding new Section 10.12.640 (Parking of Certain Trailers and Semi-Trailers) of Chapter 10.12 Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. The motion carried. (Ordinance No. 018-18) C. Adoption of an Ordinance Adopting the 2018 Comprehensive Plan Amendments MOTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi, to approve an ordinance adopting the 2018 Comprehensive Plan amendments as presented. The motion carried. (Ordinance No. 021-18) D. Adoption of an Ordinance Adopting the 2018 Zoning Map MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve an ordinance adopting the 2018 Zoning Map as presented. The motion carried. (Ordinance No. 022-18) E. Approval of 640 Bay Street Property Purchase and Sale Agreement MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the purchase and sale agreement for the 640 Bay Street property as presented. Councilmember Ashby sought clarification on the cost breakdown with discrepancies between the resolution versus the agreement and the deposit amount. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to amend the purchase and sale agreement under sections 2.2 and 4.1 to sync these numbers back to total 5 of 73 consideration of the purchase price of the property of $150,000 and the other consideration of the improvements listed in the table presented in the resolution with that new total $342,885 of total value consideration. The amended motion carried. Councilmember Rosapepe also noted that under section 2.1 there is a scrivener’s error to correct. The main motion carried. (Resolution No. 032-18 and Contract No. 053-18) F. Approval of the June 26, 2018, Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the minutes of June 26, 2018, as presented. The motion passed. Councilmembers Diener and Ashby abstained. G. Approval of a Letter of Support for PSRC Skagit and Kitsap Transit Project Councilmember Clauson recused himself at 7:24 p.m., declaring a conflict of interest. MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to authorize the Mayor to send the letter to the Puget Sound Regional Planning Council in support of Kitsap Transit’s ferry terminal preventive maintenance project, as presented. The motion passed. Councilmember Clauson returned to the meeting at 7:27 p.m. 8. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported that the next Finance Committee is scheduled for July 24th. Councilmember Ashby and Mayor Putaansuu reported on the July 9th Economic Development and Tourism Committee. The next meeting is scheduled for September 10th. Councilmember Lucarelli reported the Utilities Committee Meeting for July 16th has been canceled. The Sewer Advisory Committee July 18th meeting rescheduled for August. The Festival of Chimes and Lights Committee is scheduled for July 16th. 6 of 73 Mayor Putaansuu reminded Council of the meeting schedule change in August and December. Councilmember Diener reported the next Land Use Committee meeting is scheduled for August 6th. Mayor Putaansuu reported on the Puget Sound Regional Council Growth Management Policy Board. Councilmember Chang reporting on Homes for All Committee meeting. Councilmember Ashby reported on the Kitsap Regional Coordinating Council. Councilmember Clauson said that Kitsap Transit is arranging a date in the beginning of September, to brief jurisdictions of the upcoming transit changes. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Attended AWC Annual Conference and he was elected as a board member; • Public notice process; • Civil Engineer job posting still open; and • Attending Bi-Mart Grand opening report. 10. REPORT OF DEPARTMENT HEADS Deputy City Clerk Floyd reminded Mayor and Councilmembers that a group photo will be taken out front after the meeting. 11. CITIZENS COMMENTS Gerry Harmon said the notice for the “Bag It” didn’t show fully on mobile device. Inquired on the 640 Bay Street sale and street use. Mayor Putaansuu replied that building would take place on half the existing street, and the other half would be constructed as the stair climb. Ron Rice asked when the zoning map would be ready and the cost. Community Development Director Bond stated that it would be available five days after publication of the ordinance for a nominal charge. 7 of 73 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 7:54 p.m. No other action was taken. Audio/Visual was successful. Jenine Floyd, CMC, Deputy City Clerk Robert Putaansuu, Mayor 8 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: July 24, 2018 Subject: Adoption of a Resolution Approving Prepared by: Brandy Rinearson, MMC Mayoral Appointments to the Lodging City Clerk Tax Advisory Committee Atty Routing No.: NA Atty Review Date: NA Summary: Pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by recommendation of the Mayor. The Mayor is recommending a representative from the following organizations/businesses to serve on the LTAC, upon Council’s acceptance: A business required to collect the tax: • Days Inn; and • Mrs. Howe’s Bed and Breakfast. An organization involved in activities: • Saints Car Club; and • Port of Bremerton. In addition, at the July 9, 2018, Economic Development and Tourism committee, Councilmember Rosapepe agreed to serve as the Chair of the committee. Recommendation: The Mayor recommends approving the appointment of members and Chair as presented. Motion for consideration: I move to adopt a resolution approving the Mayor’s appointment of a representative from the Days Inn and Mrs. Howe’s Bed and Breakfast as businesses required to collect the tax; and the Port of Bremerton and The Saints Car Club as organizations involved in activities; to serve on the Lodging Tax Advisory Committee, and to confirm the appointment of Councilmember Rosapepe as Chair of the committee. Fiscal Impact: None. Alternatives: Deny the Mayor’s recommendation. Attachments: Resolution and Matrix of Past Committee Members. 9 of 73 10 of 73 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENT AND CHAIR TO THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of the Lodging Tax Advisory Committee annually and to make changes as appropriate; and WHERAS, the Mayor has reviewed the committee membership and recommends representatives from the Days Inn and Mrs. Howe’s Bed and Breakfast as businesses required to collect the tax; and the Saints Car Club and Port of Bremerton as organizations involved in activities, and WHEREAS, the Economic Development Committee recommended Councilmember Rosapepe to be the chair of the Lodging Tax Committee; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard approves of the Mayor’s recommendations for representatives from the Days Inn and Mrs. Howe’s Bed and Breakfast as businesses required to collect the tax; and the Saints Car Club and the Port of Bremerton as organizations involved in activities; to serve on the Lodging Tax Advisory Committee. THAT: Councilmember Rosapepe is confirmed as the Chair of the committee. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 24th day of July 2018. Rob Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 11 of 73 12 of 73 City of Port Orchard Lodging Tax Advisory Committee Board Members Group 2018-2019 2017-2018 2016-2017 2015-2016 2014-2015 2013-2014 2012-2013 2011-2012 2010-2011 2009-2010 Chair Chang Chang Chang Chang Chang Chang Chang Chang Chang KPVCB/Visit Kitsap Kim Punt Diane Robinson Port Orchard Chamber Matt Murphy Matt Murphy Desiree Steffens Christine Daniels Desiree Steffens Fathoms O'Fun Jessie Turner Jessie Turner Jessie Turner Jesse Turner Jesse Turner Amy's on the Bay/POBSA Amy Igloi Concerts by the Bay Sidney Art Museum Chris Stansbury Christine Stansbery Mary Peterson Bay St Assn/POBSA Bobbie Stewart Bobbi Stewart Bobbi Stewart Don Ryan Kathleen Wilson John Ready John Ready Chimes & Lights Saints Car Club Frank Graziani Frank Graziani Givens Center Port of Bremerton Brian Sauer Brian Sauer Jingle Bell Run Sheila Cline Kitsap Harbor Festival Explore Port Orchard Cedar Cove Association Holiday Inn/Comfort Inn Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Days Inn Stephen Saffell Stephen Saffell Stephen Saffell Vista Motel Dick Berg Cedar Cove B&B Kathy Michael Kathy Michael Kathy Michael Kathy Michael Kathy Michael Kathy Michael Hidden Treasures B&B Heather Cole Heather Cole Heather Cole Heather Cole Mrs. Howe's B&B Lorrain Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Guest House Inn 13 of 73 2008-2009 2007-2008 2006-2007 2005-2006 2004-2005 2003-2004 2002-2003 2001-2002 2000-2001 1999-2000 1998-1999 1997-1998 Chang Wyatt Wyatt DiIenno DiIenno DiIenno Wyatt Wyatt Wyatt Wyatt Wyatt Grant Griffin Grant Griffin Grant Griffin Grant Griffin Grant Griffin Grant Griffin Grant Griffin X Grant Griffin Sharon Pierce or Coreen Haydock Sharon Pierce or Coreen Haydock DeDe Teeters DeDe Teeters Ruth Doveland Melode' Sapp Melode' Sapp Melode' Sapp Melode' Sapp Melode' Sapp X Melode'Sapp Al Mahaney Bob Morehouse X X Dana Soyat Pam Heinrich Mary Peterson Virginia Collins Amanda Rudd Amanda Rudd or Mallory Jackson Amanda Rudd Phil McCormick Terry Bontrager Debbie Baker Debbie Baker Chan Park Chan Park Maria Burns Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Michelle Moen Stephen Saffell Stephen Saffell Andrea Huges Bryan Powell John Miller Brian Powell Ken Parks Connie McGregory Connie McGregory Unknown Seung Suh Seung Suh Seung Suh Jasdip Sohal Jasdip Sohal Jasdip Sohal Jasdip Sohal Virginia Collins Michelle Middleton Pat Wallace Pat Wallace Pat Wallace 14 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Meeting Date: July 24, 2018 Subject: Approval of a Lease with Dawn Jake, 420 Prepared by: Brandy Rinearson, MMC Cline Ave LLC, for Rights-of-Way Adjacent City Clerk to 420 Cline Avenue for Additional Parking Atty Routing No: 066-18 Atty Review Date: July 20, 2018 Summary: The City has leased a small portion of Cline Avenue rights-of-way (ROW) since 1981. The previous lease was with Ness and Associates. The leased area is approximately 1,800 square feet. The purpose of the lease if for the business to have additional parking to serve their clients. Ness and Associations sold the building to Dawn Jake, a CPA. The new owner, Ms. Jake; is requesting to enter in to a lease with the same terms and conditions as with the previous owner. The lease before you is being proposed for one year with additional options to renew and at a yearly rate of $918, plus lease hold tax. Recommendation: Staff recommends the approval of the lease agreement as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to approve the lease agreement with 420 Cline Ave, LLC for leasing public rights-of-way adjacent to 420 Cline Avenue as described in the Lease agreement presented. Fiscal Impact: $918, plus lease hold excise tax, annually. This rate was established in late 2016 after an appraisal was conducted. Alternatives: Deny the Lease and provide staff with direction. Attachments: Lease Agreement 15 of 73 16 of 73 17 of 73 18 of 73 19 of 73 20 of 73 21 of 73 22 of 73 23 of 73 EXHIBIT “A” CITY OF PORT ORCHARD / 420 CLINE AVE, LLC LEASE LEGAL DESCRIPTION Beginning at the southeast corner of Lot 15, Block 2, S.M. Stevens Town Plat of Sidney as per plat recorded in Volume I of Plats on Page 1, records of Kitsap County, situate in Kitsap County, Washington; thence South 30 feet; thence West 6o feet; thence North to the Southwest corner of said Lot 15; thence East to the point of beginning. PREMISES DEPICTION 24 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date: July 24, 2018 Subject: Approval of an Amended Interlocal Prepared by: Mark R. Dorsey, P.E. Agreement with Kitsap County Regarding Public Works Director Beneficial Use of the City’s Regional Decant Atty Routing No.: 025-18 Facility Atty Review Date: March 8, 2018 Summary: In March of 2018 the City Council and the Mayor authorized an Interlocal Agreement (ILA) with Kitsap County for beneficial use of the City’s Regional Decant Facility. This amended Interlocal Agreement (ILA) contains minor text edits initiated by the Kitsap County Clerk’s Office. The ILA has also been revised to remove the previous approval by the Public Works Director and has been updated to include County Commissioner’s approval. Recommendation: Staff recommends that the City Council authorizes the Mayor to Execute the amended Interlocal Agreement (ILA) with Kitsap County, thereby allowing the beneficial use of the regional decant facility by Kitsap County’s Department of Public Works. Relationship to Comprehensive Plan: None. Motion for consideration: I move to authorize the Mayor to Execute this amended Interlocal Agreement (ILA) with Kitsap County, thereby allowing the beneficial use of the regional decant facility by Kitsap County’s Department of Public Works. Fiscal Impact: None. Alternatives: Do not authorize. Attachments: Agreement. 25 of 73 26 of 73 INTERLOCAL AGREEMENT City of Port Orchard Regional Decant Facility Beneficial Use Agreement THIS INTERLOCAL AGREEMENT is entered into by and between the City of Port Orchard, Washington (the “City”) and Kitsap County (the “County”) (collectively, the “Parties”) as of the date entered below. RECITALS WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local government of the State of Washington to cooperate on a basis of mutual advantage to provide for services and facilities; and WHEREAS, the County will benefit from use of the City’s Regional Decant Facility (hereinafter “Facility”) to process County vacuum eductor truck waste for regulation and operational purposes; and WHEREAS, the County, as well as the City, will benefit from cooperative use of this facility; and WHEREAS, the cooperative provisions of this Interlocal Agreement (hereinafter the "Agreement") are in the best interests of the public; and WHEREAS, the Parties mutually desire to establish a formal arrangement under which to use and operate the Facility and its features; and WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, costs and liabilities regarding this undertaking; and WHEREAS, the City Council of the City of Port Orchard has taken appropriate action to approve the City’s entry into this Agreement; and WHEREAS, the County has taken appropriate action to approve the Counties’ entry into this Agreement; and WHEREAS, the acceptance and signature of this document terminates any previous Agreement relating to Facility usage. NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the City and the County agree as follows: Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 1 of 6 May 25, 2018 27 of 73 AGREEMENT TERMS Section 1. Purpose. The purpose of this Agreement is to establish a formal arrangement to allow Kitsap County to occasionally use the City’s Regional Decant Facility to process street wastes as set forth below. The terms, conditions and covenants of this Agreement shall accordingly be interpreted to advance this purpose. A. The City generates street wastes and uses its Facility to handle this material in accordance with environmental regulations. B. The County also generates street wastes and has its own facility to handle this material in accordance with environmental regulations; however, at times the County’s facility is unable to accept materials and the County seeks to use the City’s Facility during these times. C. The City hereby allows the County to use the City’s Facility to process street wastes on an as needed basis. The Facility will provide a decant feature for liquids and adequate storage for materials collected that is in compliance with Federal, State, and Local environmental regulations. The facility will provide water for cleanup and eductor truck refilling at a per use rate. Section 2. Term. This Agreement shall be effective upon its execution by the Parties hereto. Unless terminated in accordance with Section 3, this Agreement shall remain effective until December 31, 2023 when it shall expire automatically. The Parties may at their option renew this Agreement for a mutually agreed upon term by a writing signed by both Parties. Section 3. Termination. Either Party may terminate this Agreement with or without cause by providing the other Party with thirty (30) days’ written notice of its intent to terminate. Termination or expiration shall not alter the County’s payment obligations under Section 5 for services already rendered and shall not alter the Parties’ respective obligations under Section 8 of this Agreement. Section 4. Obligations of the Parties. The City agrees to allow the County use of the Facility during operating hours.A. The County agrees that all County users of the Facility will be versed in the Standard Operating Procedures (SOP) for decanting waste at the City’s Facility. Failure to follow the guidelines specified in the SOP may result in termination of this Agreement. B. Section 5. Payment Rate and Schedule. The Parties agree to the following billing and payment schedule: Rates and invoicing: The City shall initially follow the rate schedule for dumping large loads ($250.00 per load, assuming each dump will consist of both liquids and solids) determined for Kitsap County Waste Processing as adopted by County Resolution 174-2014, attached hereto as Attachment A and incorporated herein by this reference. Rates will be re-evaluated annually on the anniversary of this agreement and adjusted as needed by City resolution. Invoices shall be delivered to the county every other month. A. Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 2 of 6 May 25, 2018 28 of 73 Payment. Within thirty (30) days of receiving any invoice, the County shall submit payment to the City for the invoiced amount. B. Section 6. Administration: No Separate Entity Created. The Public Works Directors for each party shall serve as the administrators of this Agreement. No separate legal entity is formed by this Agreement. Section 7. Ownership and Disposition of Property. Each Party shall retain ownership of all of its real and personal property used in connection with this Agreement. No new real or personal property will be obtained for use in connection with this Agreement. Section 8. Release. Indemnification and Hold Harmless Agreement. Each Party to this Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those of its own agents, employees, representatives, contractors or subcontractors, to the fullest extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify and save the other Party harmless from and against any and all such liability for injury or damage to the other Party or the other Party’s property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by its own fault or that of its agents, employees, representatives, contractors or subcontractors. Each of the Parties specifically promises to indemnify the other Party against claims or suits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives any immunity that that Party may have under that title with respect to, but only to, the limited extent necessary to indemnify the other Party. Section 9. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in Kitsap County Superior Court. Section 10. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between any Party and any employee, agent, representative or contractor of any other Party. Section 11. No Third Party Rights. This Agreement is intended for the sole and exclusive benefit of the Parties hereto and no third party rights are created by this Agreement. Section 12. Notices. Notices to the Parties shall be sent to the following addresses: City of Port Orchard Kitsap County Public Works Mark Dorsey, P.E. Public Works Director/City Engineer 216 Prospect Street Port Orchard, WA 98366 Angela Gallardo Asset Manager 360-337-7296 614 Division Street (MS-26) Port Orchard WA 98366-4614 Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 3 of 6 May 25, 2018 29 of 73 Section 13. Duty to File Agreement with County Auditor. The City shall, after this Agreement is executed by both Parties, file this Agreement with the Kitsap County Auditor. Section 14. Integration. This document constitutes the entire embodiment of the Agreement between the Parties and, unless modified in writing by an amendment to this Interlocal Agreement signed by the Parties hereto, shall be implemented as described above. Section 15. Non-Waiver. Waiver by any Party of any of the provisions contained within this Agreement, including but not limited to any performance deadline, shall not be construed as a waiver of any other provision. Dated thisDated this day of 2018 , 2018 CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ROBERT GELDER, ChairROBERT PUTAANSUU, Mayor EDWARD E. WOLFE, Commissioner ---------CHARLOTTE GARRIDO, Commissioner Attest/Authenticated Attest/Authenticated Dam Danicls/C'lerk of the BoardBrandy Rinearson, CMC, City Clerk aApproved as to form only:AP; °oor.<: Sharon Cates, City Attorney Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 4 of 6 May 25, 2018 30 of 73 Attachment A r-, . -r RESOLUTION NO. 1~)4 -2014 Resolution Adopting New Disposal Fees for the Kitsap County Maintenance Waste Processing Facility WHEREAS, Kitsap County Code Chapter 9.14 established disposal fees for the Kitsap County Maintenance Waste Processing Facility through Ordinance 299-.M03; WHEREAS, Kitsap County Ordinance 299-2003 has been amended ailowing rates to be established by Resolution and modified through the resolution process as may be required from time to time consistent with other County fees; V x' NOW THEREFORE, BE IT RESOLVED by the Kitsap County Bo f bounty Commissioners that the Disposal Fees for the disposal of wa^te generated by incorporated areas at the Kitsap County Maintenance Waste Vrocessing Facility shall vbe: Small Loads - 500 gallons or less Liquid Waste Only Liquid and Solid Waste Medium Loads - 500 to 1000 gallons Liquid Waste Only x x Liquid and Solid Waste $200.00 Large Loads - Over 1000 Gallons $150.00 \/ Cy \)Liquid Waste-Only Liquid and Solid W< $200.00$250.00/ 174-2014 KITSftP COUNTY fiUDITOR Kitsap County Resolutions11/13/2014 01:13 PM Page: 1 of 2Walter Washington, Kitsap Co Auditor Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 5 of 6 May 25, 2018 31 of 73 174-2014 11/13/2014 01:13:43 PM Page 2 of 2 \& day of KicAftyv'W''Adopted this , 2014 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON 0m,ATTEST: mit<o TO CHARD,t£> ROBERT GELDER/Commissioner Dana Daniels, Clerk of the Board LINDA,STREISSGUTH: Commissioner i Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use Page 6 of 6 May 25, 2018 32 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____ Agenda Staff Report Agenda Item No.: Consent Agenda 4F Meeting Date: July 24, 2018 Subject: Approval of Change Order No. 5 to Prepared by: Mark Dorsey, P.E. Contract No. 021-17 with Transpo Group Public Works Director USA, Inc. for the 2017-2018 Anderson Hill/ Atty Routing No.: NA Old Clifton Road Roundabout 100% PS&E Atty Review Date: NA Summary: On February 28, 2017, the Port Orchard City Council approved Contract No. C021-17 for the 2017 100% PS&E Anderson Hill Road SW/SW Old Clifton Road Roundabout Project in the amount not to exceed $49,400.00. On June 27th 2017, Change Order 1 for $5,750.00 was approved by City Council for needed right-of-way acquisitions (staking of clearing limits and arborist review of remaining tree stand) and location-specific storm drainage related geotechnical analysis. On October 17, 2017, Change Order No. 2 for $5,740.00 was approved by City Council for a cultural resources assessment, as needed for a TIB funding application. Change Order 3, approved by the Public Works Director, provided for a time- only extension. On April 24, 2018, Change Order No. 4, for $5,500.00 was approved by City Council for additional right-of-way acquisition support (legal descriptions and exhibits) and coordination with the City’s Wetlands Consultant. Change Order No. 5 in the amount of $1,850.00 provides for additional right-of-way acquisition support (legal descriptions and exhibits) for a Temporary Construction Easement. Relationship to Comprehensive Plan: Project 1.5 – Chapter 8: Transportation. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 5 to Contract No. C021-17 with the Transpo Group USA, Inc. in the amount not to exceed $1,850.00, bringing the new Contract Total to $68,240.00. Motion for Consideration: I move to authorize the Mayor to approve Change Order No. 5 to Contract No. 021-17 with the Transpo Group USA, Inc. in the amount not to exceed $1,850.00, bringing the new Contract Total to $68,240.00. Fiscal Impact: $50,000 was allocated within the approved 2017 Budget for this Project. A Budget amendment is needed. Alternatives: Do not approve the Change Order. Attachments: Change Order No. 5 and Transpo Group USA, Inc. Revised Proposal (dated 7/2/2018). 33 of 73 34 of 73 35 of 73 Amendment to Agreement for Services Client Name: City of Port Orchard Project Name: 2017 Anderson Hill Road SW – SW Old Clifton Road Roundabout Engineering (100% Final Design) Original Agreement Dated: February 28, 2017 Amendment Dated: July 2, 2018 TG: 1.16226.01 The existing Agreement for Services between Transpo Group (Transpo) and City of Port Orchard Error! Reference source not found.(Client) is amended to include the following additional services and revised fee projection. All terms and conditions described in the Agreement remain in force and are not modified by this Amendment. Scope of Services In addition to the services described in Exhibit A of the Agreement, Transpo will work with Goldsmith Engineering to develop legal descriptions and an exhibit for a temporary construction easement on the northwest corner of the intersection. Fee Transpo and our subconsultant will provide the additional services described in this Amendment on a time- and-materials basis for a fee of $1850.00. Authorization Each individual signing this Amendment on behalf of named party represents that he or she is authorized to bind his or her principal to this Amendment and its terms. Transpo Group USA, Inc. City of Port Orchard Transpo Representative Signature Client Signature Name—Printed Name—Printed Title Title Date Date  Client is the legal owner of the property.  Client is not the legal owner of the property. 36 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: July 24, 2018 Subject: Adoption of a Resolution Approving Prepared by: Mark Dorsey, P.E. a Contract with RH2 Engineering, Inc. for Public Works Director the Marina Pump Station Rebuild Project Atty Routing No.: N/A and Documenting Procurement Atty Review Date: N/A Procedures Summary: On December 15, December 22 and December 29, 2017, the City’s Public Works Department published a Request for Qualifications (RFQ) for the Marina Pump Station Rebuild Project. By the January 12, 2018 deadline, five (5) Statements of Qualification (SOQ) were received. On February 14, 2018, upon the scoring/ranking of the SOQ’s received, and upon interviewing the top two (2) qualified firms, the City selected RH2 Engineering, Inc. for the Project. Public Works Staff then met with RH2 Engineering, Inc. to discuss, clarify and develop the Project Understanding. On July 17, 2018, the City received a defined Scope of Work, Budget and Project Timeline for the 30% Design and Permit Coordination Phase of the Project, in an amount not to exceed $250,000.00. Recommendation: Staff recommends adoption of Resolution No. 034-18, thereby approving Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (30% Design & Permit Coordination) in an amount not to exceed $250,000.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer). Motion for Consideration: With the understanding that Contract Execution will not occur until the funding has been secured (see Fiscal Impact below), I move to adopt Resolution No. 034-18, thereby approving Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (30% Design & Permit Coordination) in an amount not to exceed $250,000.00 and documenting the Professional Services procurement procedures. Fiscal Impact: The City of Port Orchard has been awarded a $4.1M loan from the Department of Ecology 2019 Water Quality Combined Financial Assistance Program. Once the funding has been secured, a 2017-2018 Budget Amendment will be required. Alternatives: Do not approve. Attachments: Resolution, Contract, and RH2 Engineering, Inc. Proposal (dated 7/17/2018). 37 of 73 38 of 73 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C054-18 WITH RH2 ENGINEERING, INC. FOR THE 2018 – 2019 MARINA PUMP STATION REBUILD 30% DESIGN AND PERMIT COORDINATION AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on December 15, December 22 and December 29, 2017, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for the design of the Marina Pump Station Rebuild Project; and WHEREAS, by the January 12, 2018 deadline, the City’s Public Works Department received five (5) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, on January 27, 2018, City Staff completed the Mandatory Bidder Responsibility Checklist for the five (5) qualified firms; and WHEREAS, on February 14, 2018, upon scoring/ranking of the SOQ’s received, the City’s Public Works Department interviewed the top two (2) qualified firms; and WHEREAS, based on interview scoring, the City’s Public Works Department selected RH2 Engineering, Inc. for the Project award and then met to discuss, clarify and develop the Project Understanding (Scope, Budget and Timeline); and WHEREAS, on July 17, 2018, RH2 Engineering, Inc. provided the City’s Public Works Department with a viable Proposal; 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 Port Orchard City Council approves Contract 054 -18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (30% Design & Permit Coordination) and adopts the “Whereas” statements contained herein, as findings in support of the City’s consultant selection procurement procedures. 39 of 73 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of July, 2018. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Rinearson, MMC 40 of 73 41 of 73 42 of 73 43 of 73 44 of 73 45 of 73 46 of 73 47 of 73 48 of 73 49 of 73 50 of 73 51 of 73 52 of 73 53 of 73 54 of 73 55 of 73 56 of 73 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: July 24, 2018 Subject: Adoption of a Resolution Supporting the Prepared by: Mark Dorsey, P.E. TIB 2018 Urban Arterial Program Funding Public Works Director Application for the SW Old Clifton Road/ Atty Routing No.: NA Anderson Hill Road SW Intersection Atty Review Date: NA Project Summary: For the 2018 Urban Arterial Program (UAP) Funding Application for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project, the Transportation Improvement Board (TIB) requires a Funding Commitment Letter from all funding partners. Therefore, by the August 17, 2018 deadline, the City of Port Orchard Public Works Department will be submitting a 2018 UAP Funding Application request in the amount of $1,625,000.00 to the TIB for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project for the Construction and Construction Support phases of the Project. If successful, the TIB Funding will be available to commence with the construction of the SW Old Clifton Road/ Anderson Hill Road SW Intersection Project in 2019. Relationship to Comprehensive Plan: Project 1.5 - Chapter 8 Transportation Recommendation: Staff recommends that the City Council adopt Resolution No. 032-18, thereby supporting the 2018 Urban Arterial Program (UAP) Funding Application for the SW Old Clifton Road/ Anderson Hill Road SW Intersection Project, as a requirement obtain grant funding for a fully funded project phase. Motion for Consideration: I move to adopt Resolution No. 032-18, thereby supporting the 2018 Urban Arterial Program (UAP) Funding Application for the SW Old Clifton Road/ Anderson Hill Road SW Intersection Project, as a requirement obtain grant funding for a fully funded project phase. Fiscal Impact: Given that the TIB funding ration is maximized at 85% and the City of Port Orchard has already provided $255,840.00 towards the Project during the prior design and right-of-way phases, an additional $500,000.00 minimum will need to be allocated within the 2019/2020 Biennial Budget ‘if’ the TIB Funding Application is successful (see Exhibit A attached). Alternatives: Do not adopt. Attachments: Resolution and Project Funding Application. 57 of 73 58 of 73 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE TRANSPORTATION IMPROVEMENT BOARD (TIB) 2018 URBAN ARTERIAL PROGRAM (UAP) FUNDING APPLICATION PROCESS FOR THE SW OLD CLIFTON ROAD/ANDERSON HILL ROAD SW INTERSECTION PROJECT. WHEREAS, for the 2018 Urban Arterial Program (UAP) Funding Application for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project, the Transportation Improvement Board (TIB) requires a Funding Commitment Letter from all funding partners; and WHEREAS, by the August 17, 2018 deadline, the City of Port Orchard Public Works Department will be submitting a 2018 UAP Funding Application request in the amount of $1,625,000.00 for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project for the Construction and Construction Support phase of the Project; and WHEREAS, given that the TIB funding ration is maximized at 85% and the City of Port Orchard has already provided $255,840.00 towards the Project during the prior design and right-of-way phases, an additional $500,000.00 minimum will need to be allocated within the 2019/2020 Biennial Budget ‘if’ the TIB Funding Application is successful (see Exhibit A attached); and WHEREAS, if successful, the TIB Funding will be available to commence with the construction of the SW Old Clifton Road/Anderson Hill Road SW Intersection Project in 2019; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council fully supports the Transportation Improvement Board’s 2018 Urban Arterial Program Funding Application process for the SW Old Clifton Road/Anderson Hill Road SW Intersection Project. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of July, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ City Clerk, Brandy Rinearson, MMC 59 of 73 60 of 73 61 of 73 62 of 73 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____ Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: July 24, 2018 Subject: Approval of Change Orders No. 4, 5, and 6 Prepared by: Mark Dorsey, P.E. to Contract No. 037-17 with Active Public Works Director Construction, Inc. for the Tremont Street Atty Routing No.: NA Widening Project Atty Review Date: NA Summary: On June 27, 2017, the Port Orchard City Council approved Contract No. 037-17 with Active Construction, Inc. for the Tremont Street Widening Project. On April 24, 2018, Council authorized the Mayor to execute Change Order No. 1, being the 16-inch diameter sanitary sewer force main change in condition ‘not to exceed’ amount of $250,000.00. On May 8, 2018, Council approved Change Order No. 1A, which amended the actual Change Order No. 1 cost of work (reduced to $242,906.33) and authorized the Mayor to execute Change Order No. 2, being the realignment of the Golden Pond/Kaiser Permanente 4-inch diameter sanitary sewer force mains along Pottery Avenue changes in condition ‘not to exceed’ amount of $150,000.00. Although the amendment to Change Order No. 2 is not yet ready to process, the current Force Account value has been placed within the Project Change Order Recapitulation for future action by Council. On June 26, Council approved Change Order No. 3, being the SR 16/Tremont interchange illumination - power meter base relocation change in condition ‘not to exceed’ amount of $116,889.50. Tonight’s action, being the authorization to proceed immediately with Lump Sum Change Orders No. 4, No. 5 and No. 6 are associated with 1) the over excavation/removal of unsuitable materials for WL-5 and WL-6 installation, 2) the additional power supply for both roundabouts and 3) the regrading of ditches, respectively. As mentioned before, the Change Order approval process between the Contractor, the City’s CA/CM Team and WSDOT Highways & Local Programs will not occur in time for this Regular Meeting and cannot wait, therefore, the City’s Public Works Department is requesting authorization for the Mayor to execute Change Order No. 4 in an amount of $18,309.41, Change Order No. 5 in an amount of $69,720.34 and Change Order No. 6 in an amount of $75,179.29 with Active Construction, Inc. at this time. In general summary, the current value of all change orders to date total $648,354.87, or 64.8% of the Contingency Value. Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation. Recommendation: Staff recommends approval of Change Orders No. 4, No. 5 and No. 6 with Active Construction, Inc. with the total amount of $163,209.04 added to the current contract amount. Motion for Consideration: I move to authorize the Mayor to execute Change Orders No. 4, No. 5 and No. 6 with Active Construction, Inc. with the total amount of $163,209.04 added to the current contract amount. Fiscal Impact: Funding provided within the approved 2017-2018 Budget for this Project. 63 of 73 Alternatives: Do not approve. Attachments: Change Orders No. 4, No. 5 and No. 6. 64 of 73 65 of 73 66 of 73 67 of 73 68 of 73 69 of 73 70 of 73 71 of 73 72 of 73 73 of 73