Loading...
09/25/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda September 25, 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 ar e 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 September 11, 2018 Council Meeting Minutes Page 3 C. Approval of an Amended Interlocal Agreement with Kitsap County, City of Bainbridge Island, City of Bremerton, City of Poulsbo, Suquamish Tribe, and the Port Gamble S’Kallam Tribe for “RideAlong” Software (Marti) Page 9 D. Excusal of Councilmember Clauson due to a Business Obligation 5. PRESENTATION A. West Sound Treatment Center 6. PUBLIC HEARING A. Bethel Road and Sedgwick Road Corridor Plan (Bond) Page 49 7. BUSINESS ITEMS A. Adoption of a Resolution Repealing Resolution No. 030-17 and Establishing Fee Schedules for the Departments of Community Development and Public Works (Bond) Page 53 B. Adoption of a Resolution Supporting the South Kitsap School District No. 402 Levy and Bond Ballot Measures (Rinearson) Page 93 C. Adoption of a Resolution Approving a Contract with Olson Brothers Pro- Vac, LLC for Stormwater Catch Basin & Pipe Maintenance (Dorsey) Page 97 D. Approval of Amended Change Order No. 3 to Contract No. 037-17 with Active Construction Inc. for the Tremont Street Widening Project (Dorsey) Page 123 E. Discussion: Letter to Kitsap County (Mayor) 8. REPORTS OF COUNCIL COMMITTEES 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 Chair: Lodging Tax Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge 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 Cler k’s office should you need special accommodations. September 25, 2018, Meeting Agenda Page 2 of 2 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 TBD; 9:00am City Hall Economic Development and Tourism October 8, 2018; 9:30am City Hall Utilities October 15, 2018; 9:30am City Hall Sewer Advisory October 10, 2018; 6:30pm City Hall Land Use September 24, 2018; 9:30am DCD* Lodging Tax Advisory September 27, 2018; 6:00pm City Hall Festival of Chimes & Lights October 15, 2018; 3:30pm City Hall Outside Agency Committees Varies Varies *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 September 11, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Pro-Tem Diener called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Finance Director Crocker, City Attorney Cates, City Clerk Rinearson, and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE Mayor Pro-Tem Diener led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Check Nos. 74998 through 75201 totaling $1,020,918.69; August Electronic Payment Dates 8/1/2018 through 8/31/2018 totaling $763,780.13; and Bi-Weekly Payroll including Check Nos. 148018 through 148039 totaling $711,093.87. B. Approval of the August 14, 2018, Council Meeting Minutes C. Approval of Change Order No. 2-2018 to Contract No. 004-13 with Pacific Air Control for HVAC System Repairs Page 3 of 128 Minutes of September 11, 2018 Page 2 of 6 MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Proclamation: Remember 9/11 Mayor Pro-Tem Diener read the proclamation into the record. B. Presentation: Business License Ordinance Finance Director Crocker gave a presentation on the required changes, made by the State, to Business Licensing. 6. PUBLIC HEARING A. Public Hearing on the South Kitsap School District Bond and Capital Projects Levy At 6:43 p.m. Councilmember Rosapepe recused himself as he is an employee of South Kitsap School District. Mayor Pro-Tem Diener opened the public hearing at 6:43 p.m. Karst Brandsma, South Kitsap School District Superintendent, provided a presentation on the measures. Jeff Daily said no one against education; however, he will be voting no as you can only expand Port Orchard to the west and that is owned by McCormick Woods. They would be the only one benefiting from the new school. This is not solving the problem. Larry Mitchell noted this would be the 5th most expensive high school in the United States. There is almost 100 million dollars that we don’t know where it’s going to go. Ryan Hader is a McCormick Woods resident and has lived in 2 other cities similar to Port Orchard. They had successful bonds and the new schools there were built, created strong communities. This must happen and is not about McCormick Woods. Page 4 of 128 Minutes of September 11, 2018 Page 3 of 6 Gerry Harmon was a teacher and schools were built where the population grows. New schools are where housing brings in the new students. We need a new high school. She cannot understand why someone would be proud of not passing a bond in 30 years. Gerry Austin, Vice President of South Kitsap School Supporters, thanked Council for their past endorsement of these measures. We have the largest high school in the state. All elementary schools are at capacity and therefore the 9th graders were moved to the high school. He asked Council to endorse these measures. Greg Wall said the cost of our high school is comparable, or a little less, than surrounding high schools. This is a comprehensive high school. Also, 2 years ago, we changed the current school to a four-year high school, which is educationally better for the students. The last remodel of our current school was in 1978. This is the time to ask Council for their endorsement. There being no more testimony, Mayor Pro-Tem Diener closed the public hearing at 7:25pm Councilmember Rosapepe returned to the meeting at 7:26 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code 5.12 “Business Licenses” MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an Ordinance amending POMC 5.12, as presented. The motion carried. (Ordinance No. 028-18) B. Adoption of a Resolution Establishing a Business License Minimum Threshold Exemption MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt a Resolution establishing a minimum threshold exemption. The motion carried. (Resolution No. 042-18) C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 “Parking, Standing, and Stopping: Page 5 of 128 Minutes of September 11, 2018 Page 4 of 6 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt an Ordinance, thereby updating POMC Chapter 10.12.500 and 10.12.560, regarding Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. The motion carried. (Ordinance No. 027-18) D. Adoption of a Resolution Authorizing Code Enforcement Officer and City Attorney to Initiate a Lawsuit for Warrant of Abatement for 1013 Morton Street MOTION: By Councilmember Clauson seconded by Councilmember Rosapepe, to approve [adopt] a Resolution authorizing the Port Orchard Code Enforcement Officer and City Attorney to undertake such actions as are necessary and appropriate to initiate and pursue a lawsuit for a Warrant of Abatement for the owners of 1013 Morton Street on behalf of the City of Port Orchard as presented. The motion carried. (Ordinance No. 043-18) E. Approval of Change Order No. 7 to Contract No. 037-17 with Active Construction Inc., for the Tremont Street Widening Project MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to authorize the Mayor to execute Change Order No. 7 with Active Construction, Inc. in the amount not to exceed $114,820.78, added to the current contract amount. The motion carried. F. Approval of Change Order No. 3 to Contract No. 023-18 with Neptune Marine LLC for the Bay Street Pedestrian Pathway Segment No. 3 Construction MOTION: By Councilmember Ashby, seconded by Councilmember Rosapepe to authorize the Mayor to execute Change Order No. 3 with Neptune Marine LLC in an amount not to exceed $98,593.74 for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction. The motion carried. G. Approval of the August 21, 2018, Council Meeting Minutes MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve the August 21st Council meeting minutes. Page 6 of 128 Minutes of September 11, 2018 Page 5 of 6 The motion carried. Councilmember Clauson abstained. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee and Auditor’s Exit Conference is scheduled for September 17th. Councilmember Ashby reported on the September 10th Economic Development and Tourism committee meeting. The next meeting is scheduled for October 8th. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet September 17th. Sewer Advisory Committee is scheduled to meet October 10th. Chimes & Lights Committee is scheduled to meet September 17th. Mayor Pro-Tem Diener reported the Land Use Committee is scheduled to meet September 24th. Councilmember Rosapepe reported the Lodging Tax Committee is scheduled to meet September 26th [September 27th]. 9. REPORT OF MAYOR There was no report of the Mayor. 10. REPORT OF DEPARTMENT HEADS City Clerk Rinearson said the Mayor wanted to share with Council that he has an updated report on dangerous and derelict buildings if they wish to review it. She also reported on the single use plastic bag ban survey. 11. CITIZENS COMMENTS In response to Steve Ladd, Mayor Pro-Tem Diener said the questions listed on the whiteboard were questions raised during the Council work study retreat. Good of the Order: Councilmember Chang said there is a mental health first aid training in City Hall on November 3rd. This is an 8-hour long course from Kitsap Mental Health. 12. EXECUTIVE SESSION No executive session was held. Page 7 of 128 Minutes of September 11, 2018 Page 6 of 6 13. ADJOURNMENT The meeting adjourned at 8:25 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Scott Diener, Mayor Pro-Tem Page 8 of 128 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: September 25, 2018 Subject: Approval of an Amended Interlocal Prepared by: Geoffrey C. Marti Agreement with Kitsap County, City of Chief of Police Bainbridge Island, City of Bremerton, City Atty Routing No.: 055-18 of Poulsbo, Suquamish Tribe, and the Atty Review Date: September 13, 2018 Port Gamble S’Kallam Tribe for “Ride Along” Software Summary: The Kitsap County Sheriff’s Office (“KCSO”) has obtained grant funding from the Kitsap County Human Services Department to purchase and implement the RideAlong Labs Inc. (“RideAlong”) application, a software tool which will be made available for use to law enforcement personnel to facilitate and enhance interactions between law enforcement and individuals with mental health issues. This Agreement was approved at the June 26th Council meeting; however, this agreement had minor language changes at the request of other agencies. Recommendation: Staff recommends signing this Interlocal agreement. Relationship to Comprehensive Plan: None. Motion for consideration: I move that the Mayor sign the amended interlocal agreement regarding the implementation of the “RideAlong” software tool for the Port Orchard Police Department. Fiscal Impact: None. Alternatives: N/A. Attachments: Agreement. Page 9 of 128 This Page Intentionally Left Blank Page 10 of 128 ATTACHMENT A KITSAP COUNTY SHERIFF’S OFFICE – REALONG SERVICES AGREEMENT Page 11 of 128 Page 12 of 128 Page 13 of 128 Page 14 of 128 Page 15 of 128 Page 16 of 128 Page 17 of 128 Page 18 of 128 Page 19 of 128 Page 20 of 128 Page 21 of 128 Page 22 of 128 Page 23 of 128 Page 24 of 128 Page 25 of 128 Page 26 of 128 Page 27 of 128 Page 28 of 128 Page 29 of 128 Page 30 of 128 Page 31 of 128 AN INTERLOCAL AGREEMENT FOR RIDEALONG LABS SERVICES THIS INTERLOCAL AGREEMENT FOR RIDEALONG LABS INC SERVICES (“Agreement”) is made and entered into by and among Kitsap County, the City of Bainbridge Island, the City of Bremerton, the City of Poulsbo, the City of Port Orchard, the Suquamish Tribe, and the Port Gamble S’Kallam Tribe, collectively referred to herein as the “Parties” and individually as a “Party”. RECITALS A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies to enter into cooperative agreements to more efficiently provide services within their jurisdictions. B. The Kitsap County Sheriff’s Office (“KCSO”) has obtained grant funding from the Kitsap County Human Services Department to purchase and implement the RideAlong Labs Inc. (“RideAlong”) application, a software tool which will be made available for use to law enforcement personnel to facilitate and enhance interactions between law enforcement and individuals with mental health issues. C. The RideAlong application is intended to provide information to assist law enforcement with the aim of reducing incarceration and recidivism of persons with mental health issues. D. KCSO has executed a contract with RideAlong for the application and is able and willing to make the application available for use by the Parties’ sworn law enforcement personnel subject to the terms and conditions in this Agreement. E. The Parties desire to enter into this Agreement to cooperatively provide for the administration of the RideAlong application, and the corresponding activities of the Crisis Intervention Team and related policies (collectively “Program”) for the benefit of law enforcement and the community. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the mutual promises and covenants, the Parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the Parties to establish, implement and manage the Program, identify those persons responsible for administering the Program, and define responsibilities as contemplated in RCW 39.34.030. The Parties do not intend to create through this Agreement a separate legal or administrative entity subject to suit. 2. RESPONSIBILITIES OF THE PARTIES. The Parties acknowledge and agree as follows: 2.1 Each Party will be required to execute a separate service agreement with RideAlong Page 32 of 128 Labs Inc. in order to obtain access to the RideAlong application and related materials and services and participate in the Program. 2.2 The Parties will work cooperatively to implement and utilize the Program, participate in user testing, and market and promote the Program to law enforcement personnel and the community. 2.3 Each Party will designate one or more law enforcement personnel to participate as active members of the Crisis Intervention Team (“CIT”). Each Party will pay all costs associated with its personnel and equipment when participating as a CIT member. 2.4 The CIT will initially meet once per week, if not more, to draft Program policies and procedures, and to review, develop, approve, upload and remove individual response plans, and perform any other functions necessary for the success of the Program. It is anticipated that the number of required CIT meetings will fluctuate, with more meetings required prior to and immediately after the launch of the Program. 2.5 The Parties agree to comply with the policies and procedures developed and adopted by the CIT for the Program. 2.6 Pursuant to RCW 10.93.040, personnel assigned to the CIT shall be considered the employees of the primary commissioning agency, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the primary commissioning Agency. Each Party agrees to indemnify, defend and hold harmless the other Parties in any action arising from or related to the negligence of its own employees, including all costs of defense and attorney's fees. 2.7 Each Party will be responsible for ensuring compliance with all applicable laws, collective bargaining agreements, and/or civil service rules and regulations with regard to its own employees. 2.8 Personnel assigned as CIT members shall conform to their agency's rules and regulations, as well as CIT policy. 2.9 All response plans developed by CIT and made available in the RideAlong application shall be considered confidential intelligence information essential to effective law enforcement and kept confidential by the Parties, except as provided by law. Each Party shall be solely responsible for the use of the application, and all associated information, by its own employees. 3. SOFTWARE AND LICENSE FEES. KCSO has obtained sufficient grant funding to pay for the RideAlong application software, services and license fees for the Parties for three (3) years, commencing on April 15, 2018. Should this Agreement be renewed or extended, each Party shall be responsible for paying the RideAlong per user license fee for their designated users of the software and associated fees. In such an event, this Agreement may Page 33 of 128 be amended to identify the amount, time, manner and method of payment. It is anticipated that KCSO, having contracted with RideAlong to provide the application, will be responsible for contract administration and the coordination of the payment of all license and associated fees to RideAlong on behalf of the Parties. 4. ADMINISTRATOR. KCSO shall function as the administrator of the Program for liaison purposes, in coordination and cooperation with the Parties. By functioning in this capacity, KCSO is not assuming responsibility or liability for the actions, or failures to act, by the other Parties and/or their respective employees. 5. DURATION. The term of the Agreement shall be coterminous with the term of the RideAlong Labs Software Services Agreement executed with KCSO, Exhibit A, not to exceed three (3) years. This Agreement may be extended or renewed by the mutual agreement of the Parties for additional consecutive terms which are coterminous with the term of the extension or renewal of the RideAlong Labs Software Services Agreement. 6. TERMINATION. Any Party may withdraw from this Agreement upon thirty (30) days prior written notice to the other Parties. 7. INDEMNIFICATION 7.1 The Parties shall not be liable to each other, regardless of the form of action, for consequential, incidental, indirect, or special damages except a claim related to bodily injury or death, or a claim or demand based on disclosure of confidential information, data breach, or infringement of protectable interest under patent, copyright, trademark, or trade secret laws. 7.2 Each Party shall save, defend, indemnify, and hold harmless the other Parties, and the other Parties’ officers, employees, and agents, from and against any allegations, claims, and complaints, including reasonable attorneys’ fees and costs, by third parties for any or all injuries to persons, damage to property, disclosure of confidential information, or infringement of a protected patent, copyright, trademark, or trade secret interest of such third parties, which claim arises from intentional, reckless, or negligent acts or omissions of the Party, its officers, employees, or agents. A Party’s obligation to defend, indemnify, and hold harmless the other Party shall not be eliminated or reduced by any alleged concurrent negligence by the other Party. Any damages allowed shall be levied in proportion to the percentage of fault attributable to each Party, and each Party shall have the right to seek contribution from each of the other Parties in proportion to the percentage of fault attributable to each of the other Parties. Moreover, the Parties agree to cooperate and jointly defend any such matter to the fullest extent allowed by law. An agency that has withdrawn assumes no responsibility for the actions of the remaining members arising after the date of withdrawal but shall remain liable for claims of loss or liability arising prior to the effective date of withdrawal. 7.3 The provisions of Section 7 shall survive for three years after the expiration or termination of this Agreement. Page 34 of 128 8. PROPERTY. The Parties do not anticipate the acquisition of property for the performance of this Agreement and any property acquired by a Party using this Agreement shall be held by the acquiring Party. 9. NONDISCRIMINATION. No Party shall not discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 10. GOVERNING LAW, VENUE, WAIVER OF IMMUNITY 10.1 This agreement shall be governed by the laws of the State of Washington. Each party consents to the personal jurisdiction of the Superior Court of the State of Washington for all Party claims, disputes, proceedings or actions in any way arising under, or relating to, this agreement or the subject matter of this agreement. Venue for any such claim shall be exclusively in the Superior Court for the County of Kitsap. Each party hereby expressly grants a limited waiver of sovereign immunity to suit solely for the purposes of this provision. The Tribes will neither direct nor authorize their respective insurers to raise defenses of sovereign immunity or treaty rights on behalf of the Tribes for Party claims authorized by this provision. 10.2 Nothing in this Agreement shall be construed to authorize any suit, execution, attachment, or judicial process against the persons or property of the T ribe or any of its officers, agents, or employees, or against the Tribal Council or any member thereof, other than as specifically provided herein. In no event shall this Agreement be construed to authorize attachment, execution or other judicial process against real property of the Tribe, any property held in trust by the United States or subject to a restriction against alienation imposed by federal law, or any funds held by or on behalf of the Tribe and derived from federal or state grants or contracts. 11. EFFECTIVE DATE/FILING. This Agreement will take effect when executed by KCSO and one other Party. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office or, alternatively, listed by subject on the web site or other electronically retrievable public source in compliance with RCW 39.34.040. 12. NOTICE. All notices under this Agreement may be delivered or mailed to the Sheriff or Chief of the other Parties law enforcement agency. All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 13. COMPLIANCE WITH REGULATIONS AND LAWS. The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. Page 35 of 128 14. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 15. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, with each counterpart deemed an original. In the event that fewer than all named parties execute this Agreement, the Agreement, when filed as provided herein, shall be effective as between the Parties that have executed the Agreement to the same extent as if no other parties had been named. 16. INDEPENDENT CAPACITY. The employees and agents of each Party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that Party and shall not be considered, for any purpose, to be employees or agents of another Party to this Agreement. No Party shall have the authority to bind another Party nor control the employees, agents or contractors of another Party to this Agreement. All rights, duties and obligations of a Party shall remain with that Party. 17. CHANGES, MODIFICATIONS, AND AMENDMENTS. This Agreement may be changed, modified, or amended, only by written agreement executed by the parties hereto. 18. ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by a Party in whole or in part, without the express prior written consent of all other Parties and RideAlong Labs, Inc. 19. DISPUTES. In the event that a dispute arises under this Agreement, it shall be determined by a dispute board in the following manner: Each party to this Agreement shall appoint a member to the dispute board. The dispute board shall evaluate the facts, the terms of the Agreement and applicable statutes and rules and make a determination of the dispute. The determination of the dispute board shall be final and binding on the Parties. 20. WAIVER. A failure by any Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party. 21. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, shall not affect any other term or condition of the Agreement and the parties’ rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 22. SURVIVAL. Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include, without limitation, Section 2 (Responsibilities of the Parties, Section 7 (Indemnification), and Section 10 (Governing Law/Venue). 23. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. Page 36 of 128 24. ENTIRE AGREEMENT. This Agreement, and Exhibit A, contains the entire understanding of the Parties and supersedes any other agreement or understanding of the Parties relating to the subject matter of this Agreement. 25. AUTHORIZATION. Any authorizations, actions required, or permitted to be taken, and any document required or permitted to be executed under this Agreement will be taken or executed only by a duly authorized representative of the party. Each party warrants and represents to the other that the person signing below has been properly authorized and empowered to execute this Agreement on behalf of the Party for whom they sign and, if applicable, to waive sovereign immunity as required by this Agreement. [Signatures appear on the following pages] Page 37 of 128 Approved and executed this ___ day of ________, 2018 COUNTY OF KITSAP APPROVED: APPROVED AS TO FORM: ________________________________ ____________________________ GARY SIMPSON, TINA R. ROBINSON Kitsap County Sheriff Kitsap County Prosecuting Attorney APPROVED: KITSAP COUNTY BOARD OF COMMISSIONERS PORT ORCHARD, WASHINGTON ________________________________ Dated: ______________________ ROBERT GELDER, Chair ________________________________ Dated: ______________________ EDWARD E. WOLFE, Commissioner ________________________________ Dated: ______________________ CHARLOTTE GARRIDO, Commissioner ATTEST ________________________________ DANA DANIELS, Clerk of the Board Page 38 of 128 Approved and executed this ___ day of , 2018 CITY OF PORT ORCHARD APPROVED: APPROVED: _______________________________ _____________________________ GEOFFREY C. MARTI ROBERT PUTAANSUU Chief of Police Mayor Dated: __________________________ Dated: _______________________ APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ SHARON CATES, City Attorney BRANDY RINEARSON, City Clerk Page 39 of 128 Approved and executed this ___ day of , 2018 CITY OF POULSBO By: ____________________________ By: ____________________________ BECKY ERICKSON, Mayor ________________, Chief of Police APPROVED AS TO FORM ATTEST ____________________________ ____________________________ ______________, City Attorney ______________, City Clerk Date: _______________________ Date: _______________________ Page 40 of 128 Approved and executed this ___ day of , 2018 CITY OF BREMERTON APPROVED: APPROVED: _____________________________ _____________________________ JIM BURCHETT GREG WHEELER Chief of Police Mayor APPROVED AS TO FORM: ATTEST: _____________________________ _____________________________ ROGER LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk Page 41 of 128 Approved and executed this ___ day of , 2018 CITY OF BAINBRIDGE ISLAND APPROVED: APPROVED: ______________________________ _____________________________ MATTHEW HAMNER VAL TOLLEFSON Chief of Police Mayor Dated: ________________________ Dated: _______________________ APPROVED AS TO FORM: ATTEST: _____________________________ _____________________________ JOE LEVAN, City Attorney CHRISTINE BROWN, City Clerk Page 42 of 128 Approved and executed this ___ day of , 2018 SUQUAMISH TRIBE By: ____________________________ ____________________________ Title: __________________________ Page 43 of 128 Approved and executed this ___ day of , 2018 PORT GAMBLE S’KALLAM TRIBE By: ____________________________ ____________________________ Title: __________________________ Page 44 of 128 ATTACHMENT A KITSAP COUNTY RIDEALONG SERVICES AGREEMENT Page 45 of 128 Page 46 of 128 Page 47 of 128 This Page Intentionally Left Blank Page 48 of 128 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: September 25, 2018 Subject: Bethel Road and Sedgwick Road Prepared by: Nicholas Bond, AICP Corridor Plan DCD Director Atty Routing No.: N/A Atty Review Date: N/A Issue: The City’s Consultant, SCJ Alliance, has provided a draft Bethel Road and Sedgwick Road Corridor Plan. On August 14, 2018, SCJ Alliance gave a presentation on the draft plan to the public and the City Council. A public hearing has been scheduled on the draft plan for September 25, 2018 at the regular City Council meeting. Written comments on the draft plan will be due by 4:30 P.M. on September 25th, 2018, although oral and written comments will be accepted during the public hearing on the evening of September 25th, 2018. Depending on the scope and nature of the public comments and based on City Council input, the plan may be revised prior to being finalized for City Council acceptance. The City Council will be asked to accept the final draft of the plan by resolution at the October 9 regular Council meeting. Adoption of the Corridor Plan will require a Comprehensive Plan amendment in accordance with POMC Title 20. Background: The Bethel Road and Sedgwick Road Corridor Plan is being prepared by the City’s consultant, SCJ Alliance, to provide a long-range development plan for these two critical transportation corridors within the City. Bethel Road and Sedgwick Road are the major arterials serving the recently-annexed Bethel- Sedgwick subarea, which is identified as a Center of Local Importance. These roads also provide connections to SR 16, downtown, the Southworth ferry terminal, and major commercial areas. The Bethel and Sedgwick corridors have been identified in the City’s Transportation Improvement Program (TIP) and Comprehensive Plan as priorities for plan development and implementation. Attachments: Public comments. Draft Bethel Road and Sedgwick Road Corridor Plan (August 2018) is located at: https://www.cityofportorchard.us/bethel-sedgwick-road-corridor-study-draft-plan/ Page 49 of 128 This Page Intentionally Left Blank Page 50 of 128 Bethel Road and Sedgwick Road Corridor Study Public Review Draft Comments Date Name Affiliation Email In Reference To Comment Response Status 8/9/2018 Guy Dalrymple South Kitsap Fire & Rescue gdalrymple@skfr.org Design Considerations: Emergency Response (pg. 44) I would recommend 400’ spacing for the passable areas from the context that responders will never be more than 200’ from a passable place. That distance also allows us the opportunity to see an event and pass over to the other side early if prudent. Recommended spacing was changed to every 400- feet. Text edit made. Resolved 8/27/2018 Kevin Futrell Kitsap Transit kevinf!@kitsaptransit.com Design Considerations: Bicycles at Bus Stops (pg. 41-41 and Fig. 13) We went through the Bethel Sedgwick Corridor Plan and I believe the only issue we had was with bus stop Type B. I’ve drawn up an alternative (attached) that I think might work. Our buses typically block the lane if they cannot fully get out of the lane of traffic. With the rolled curb for emergency access, there’s bound to be some situations where other drivers will try to bypass the bus. For these types of stops, it would be better for the bike lane to go away temporarily forcing the bicyclist to either the car lane or sidewalk when the bus isn’t there, or the sidewalk when the bus is there. If there’s a concern that there will be conflicts between passengers leaving the shelter and bicycles navigating the sidewalk, with the curb bulb out, the shelter could be located on the inside of the sidewalk. Another great feature of this design is that when the cyclist reenters traffic, they do not have to be concerned about the bus speeding up from within the bike lane. Needs further discussion to come to a final decision. Review with City 9/6/2018 Brittany Gerber Community Me bgerber114@gmail.com Preferred Alternative: Sedgwick Road (pg. 24) I live off of Sedgwick and I don’t think the plan for all the roundabouts is effective. It will only cause more problems with the mess the construction will cause, confusion of the use of the roundabouts, and time. A solution to the problem right now is to coordinate the stop lights especially coming off the highway from Bremerton. If people are able to make it through that light then the following light at the same time it will flow better going up the hill. Sometimes the lights are not synced or not green for a long enough period. Some people will not know how to maneuver through the roundabouts and with the traffic continuing flowing it will be hard to get into them. The Tremont project is stalled so whose to say the same thing won’t happen with this project. Tremont needs to be completed and the traffic with Bethel and Sedgwick will be better, people will be redirected and not have to feel like they have to use Bethel and Sedgwick to get around it. Thanks Roundabouts generally process traffic more efficiently than signals and reduce vehicle delay. Construction of roundabouts on Sedgwick Road would occur long after the Tremon project is complete. Traffic conditions will be evaluated again prior to any Sedgwick Road project. No edits made. Review with City 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Planning Context: WSDOT SR 16 Congested Corridor Study (pg. 5) First sentence should read "… to address congestion issues along the highway and at interchanges between…" Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Crash History (pg. 13, Table 1)Need to add 25 USC 409 disclaimer to crash data Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Crash History (pg. 13, Table 1)It would be beneficial to break out this table into crash types to see if the proposed intersection controls are appropriate. Makes graphic too difficult to read and we are not proposing intersection control as a result of safety data. No edits made. Review with City 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Crash History (pg. 15, Fig. 4)It would be helpful to see the actual number of crashes (maybe in parentheses) along with the percentages. Makes graphic too difficult to read and provides redundant data. No edits made. Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Crash History (pg. 16, Table 2)Clarify what this means. Are these serious injury, fatalities, bike/ped?The table includes information about crash and injury type (evident vs serious and vehicle vs pedestrian). The following sentence was added to Crashes with Injuries section "There were no reported fatalities on either study corridor over the time period that was analyzed. In addition, there were no reported crashes involving bicyclists on either study corridor over the time period that was analyzed." Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Traffic Forecast (pg. 17)There should be some discussion about which background model is being used. Is this using Kitsap County's demand model? As stated, the travel demand model was based on the City's demand model. Further information is available in Appendix B. Made need clarification from TSI. Review with City 1 of 2Page 51 of 128 Bethel Road and Sedgwick Road Corridor Study Public Review Draft Comments Date Name Affiliation Email In Reference To Comment Response Status 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Conceptual Design: Alternatives Analysis, Intersection Control (pg. 19) So was a warrant analysis conducted? Should be included in report as an appendix.This discussion is hypothetical. No edits made. However, a warrant analysis at Salmonberry Road is referenced on pg. 29. We can consider including the analysis as a part of Appendix E. Review with City 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Conceptual Design: Alternatives Analysis, Intersection Control (pg. 21) City to do landscaping?Landscaping maintenance is referenced in Design Considerations chapter under Landscaping (pg. 47). No edits made. Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Conceptual Design: Alternatives Analysis, Access Management (pg. 21) Final sentence should read "…left-turning vehicles may spill back into the through lane and cause congestion or a conflict point." Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Conceptual Design: Alternatives Analysis, Access Management (pg. 21) This "Access Management" section is written as hypothetical. What is the project proposing? Are we modifying accesses? State this more clearly. These sections are meant to introduce the alternatives. Proposal is discussed in the following section, Preferred Alternative. No edits made. Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Conceptual Design (pg. 26, Fig. 5)I am supportive of the proposed intersection control. Intersection Control Analyses on SR 160 will have to be done in the future. The need for an ICA is referenced in Design Considerations chapter under State Facilities (pg. 47). No edits made. Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Project Phasing: Sensitivity Analysis (pg. 29) According to Jim Norton or Traffic, this should be "Sidra, Version 8"Sidra, Version 7 was used. Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Design Considerations: Adjacent Street Connections, Introduction (pg. 44) First sentence should read "… will improve the efficiency of both corridors." Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Design Considerations: Adjacent Street Connections, Vallair Court Connector (pg. 44) Second sentence should read "These access points currently allow full access (and create) which creates…" Text edit made.Resolved 9/11/2018 Dennis Engel WSDOT engeld@wsdot.wa.gov Design Considerations: Landscaping (pg. 47) On the State Route, landscaping would require an agreement that the City would maintain the landscaping. Added the following sentence to the second paragraph "WSDOT has indicated that they will not provide maintenance on any landscaped areas on a state facility, such as SR 160, and will require an agreement with the City to carry out the required maintenance." Resolved 2 of 2Page 52 of 128 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: September 25, 2018 Subject: Adoption of a Resolution Repealing Prepared by: Nicholas Bond, AICP Resolution No. 030-17 and Establishing DCD Director Fee Schedules for the Departments of Atty Routing No.: N/A Community Development and Public Atty Review Date: N/A Works Issue: The Departments of Community Development and Public Works have been working on an update to the City’s fee resolution. This topic was previously discussed at the June 19, 2018 City Council work study meeting and at the July 24, 2018 Finance Committee meeting. The Finance Committee reviewed the updated draft fee resolution and recommended that the City Council hold a public hearing on the draft at the August 21, 2018 regular Council meeting. A public hearing was held on the draft resolution on August 21, 2018 and no testimony was received. The draft fee resolution makes several changes to fees and fee policies. The major revisions are as follows: • Adopts the most recent building valuation table. The City’s building permit fees are based on project valuation. Project valuation is determined by the ICC building valuation tables, which are updated every 6 months. The City is currently relying on the August 2016 building valuation table and proposes to adopt the February 2018 building valuation table. This change has the effect of increasing per square foot building costs which increases the base building valuations used to calculate building permit fees. For instance, the per square footage construction value for category VB R-3 residential one and two-family construction will change from $112.65 to $118.45 per square foot. This means that a 2,000 square foot SFR that had a valuation of $225,300 will now have a valuation of $236,900. This valuation is plugged into the formula found in Appendix A Table 1 to determine building permit and plan review fees. • Updates Table 1, the table used to calculate building permit fees. The City prepared a comparison of building permit fees with adjacent and comparable jurisdictions, and paid especially close attention to permit fees for projects that the City would likely need to hire building inspection and plan review consultants to handle on behalf of the City, to ensure that building permit fees on high value projects would cover the cost of hiring consultants to assist the City in plan review and inspection. Through this comparison study, the City learned that Port Orchard’s fees were lower than in comparable jurisdictions, including Kitsap County, Poulsbo, Gig Harbor, Olympia and Tumwater. The City Council and Finance Committee requested that a hybrid alternative for Table 1 be developed to match the permit fees of Poulsbo for projects up to $1,000,000 in valuation, and to match Gig Harbor for projects over $1,000,000 in valuation. Using this methodology would ensure that the City could cover consultant costs for plan review and inspection services on large projects, but would be the second lowest building permit cost in Kitsap County for projects valued under $1,000,000. • Clarifies refund policies related to the technology fee. Page 53 of 128 Staff Report 7A Page 2 of 2 • Adopts fees for mailing large plan sets and permit approval packages. • Addresses rounding of area calculations and valuations throughout the fee resolution. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council vote to adopt an updated City Fee Resolution. Motion for consideration: ”I move to adopt a Resolution repealing Resolution 030-17 and establishing fee schedules for the departments of Community Development and Public Works as presented.” Fiscal Impact: Adopting a new fee resolution will increase building department revenues and ensure that the City has enough revenue to hire building plan review and inspection consultants for projects with valuations more than $1,000,000. Alternatives: N/A Attachments: Draft Fee Resolution, Appendix A (redline), existing Fee Resolution 030-17, Building Permit Fee Comparison Matrix Page 54 of 128 RESOLUTION NO. ___ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NO. 030-17 AND ESTABLISHING FEE SCHEDULES FOR THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS WHEREAS, the City of Port Orchard is responsible for implementing land use regulations, planning and public works requirements, administering the building code, and other administrative duties; and WHEREAS, there are costs associated with the implementation of city regulations and policies; and WHEREAS, the City’s current Community Development and Public Works Departments administrative fees were adopted in May 2017 as set forth in Resolution No. 030- 17; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update the City’s administrative fees; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Resolution No. 030-17 is hereby repealed in its entirety. 2. The fees that will be charged by the Community Development and Public Works Departments for the specified services are listed in Exhibit “A”. 3. Fees not listed in Exhibit “A” will be determined by the City Council. 4. The fees listed in Exhibit “A” shall take effect on October 15, 2018. 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 25th day of September 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 55 of 128 1 Exhibit A to Resolution 030-17xxx-18 A. General 1. No permit shall be issued, application accepted, service provided, or appeal filed without payment of the applicable fee set forth below. 2. References to the director refer to the director of the Department of Community Development or his/her designee. 3. When an application includes the submittal of special reports and/or plans such as habitat management plans, geotechnical reports, or traffic impact analyses requiring review beyond the capabilities of city staff, the applicant shall be required to pay the actual cost of 3rd party review by qualified consultants under contract with the city. Upon determining that 3rd party review of special reports or plans is required, the city will obtain a fee estimate from its consultant and provide that estimate to the applicant and request payment to the city. 4. Some projects require more than one permit. In some cases a project will require the payment of numerous fees from the tables below. 5. Each building, plumbing, mechanical, planning and land use, and public works permit/department review fee shall be assessed a technology fee surcharge of $10.00 to cover the cost of the purchase and ongoing maintenance of the City’s SMARTGov permitting system which was put into use in November of 2014. No technology fee refund shall be issued once the permit/review has been entered into the system. 6. No additional inspections, including final inspections, will be scheduled or performed until all outstanding fees are paid. 7. Refunds: The hourly rate used to calculate a deduction to a refund shall be $75 per hour. a. Building Permit fees: Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permit fee for a permit that was issued by the City. If the permit fee was paid and a refund was requested prior to permit issuance, 100% of the permit fee may be refunded. b. Plan Review Fees: If an application is withdrawn, cancelled or returned prior to issuing a building permit, a refund shall be issued to an amount equal to the plan review fee less actual time and materials spent on the project, provided no refund shall exceed 80% of the plan review fee. Plan review fees are non-refundable once the plan review has been completed or if the permit has been issued. c. Other Permit/Application fees: Refunds for Land Use permits and other permit application types may be authorized by the director. Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permit fee. 8. All recording fees for approvals issued by the city shall be paid by the applicant. B. Building, Plumbing, and Mechanical Fee Policies 1. Failure to pay established fees may result in one or more of the following: • Per Section 109.4 of the IBC, any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee equal to the required permit cost in addition to the underlying permit costs. Page 56 of 128 2 • No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees on any permit associated with the project. 2. Some signs require a building permit in addition to a land use (sign) permit. In these instances, the permit fees are additive meaning that an applicant may be required to obtain a sign permit and a building permit. 3. Minor revisions to plans which were previously reviewed and approved by the city shall be reviewed at a cost of $75 per hour with a minimum of 1 hour billed. 4. Valuation for Table 1 shall be determined using the IBC Building Valuation Data Table (BVD) (currently the August 2016 table as attached hereto) except as noted in the BVD Table and when otherwise noted in Tables 2 and 3. 5. Per 2015 IBC 109.3, the applicant for a permit shall provide an estimated construction value at the time of application. The amount shall be rounded up to the next whole dollar. The amount shall include the fair market value of any donated, contributed or found labor and/or materials. Construction value calculated on 100 square feet shall be rounded up to the next 100 square feet for any portion thereof. 6. Single family home builders who wish to reuse a plan set to construct more than one home using the same plan set may do so by utilizing a “basic plan” review process. When an applicant wishes to establish a basic plan set for reuse, the plans shall initially be reviewed upon payment of the city’s standard plan review fee. Once plan review is complete and if the City finds that the plans conform to the requirements of the Building Code, the plans shall be approved as a basic plan set and marked as such for reuse. For each use of the plan, the applicant shall pay a reduced plan review fee as established in Table 3 in lieu of the full plan review fee. The use of an approved basic plan set shall have no effect on the building permit fee (only the building permit plan review fee). Plans may not be reused if the city’s building code has been updated unless the plans have been re-reviewed (upon payment of the full plan review fee) and approved for conformance with the updated building code. TABLE 1: Total Valuation FEES (Permit Fee = 100% Plan Review Fee = 65%) $1 to $500 $2636.00 $501 to $2,000 $2636.00 for the first $500 plus $34.00 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $4025,000 $6996.00 for the first $2,000 plus $1117.00 for each additional $1,000, or fraction thereof, to and including $4025,000 $25,001 to $50,000 $487.00 for the first $25,000 plus $12.00 for each additional $1,000, or fraction thereof, to and including $25,000 $4050,001 to $100,000 $487787.00 for the first $4050,000 plus $9.00 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,0271,237.00 for the first $100,000 plus $7.50 00 for each additional $1000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,8274,037.00 for the first $500,000 plus $56.00 for each additional $1,000, or fraction thereof, to and including $1,000,000 Page 57 of 128 3 $1,000,001 to $5,000,000 $6,327.00 for the first $1,000,000 plus $3.00 for each additional $1,000, or fraction thereof, to and including $5,000,000 $51,000,001 and up $18,3277,037.00.00 for the first $51,000,000 plus $15.00 for each additional $1,000, or fraction thereof TABLE 2: Residential Single Family Building Permit Type Amount Unit of Measure Finish an existing basement $82.95 square foot Conversion of an existing garage to residential space $59.79 square foot New, repair, or alteration or addition to deck, uncovered $13.04 square foot New Foundation only or under existing structure $13.04 square foot New garage, shed, barn, or pole building (attached or detached) $38.16 square foot Covered porch, covered deck; new, alteration, repair, or cover added $21.07 square foot New, remodel, or repairs to freestanding roof structures and carports, other than porch or deck $21.07 square foot Residential Interior Remodel $19.67 square foot TABLE 3: Miscellaneous: Building Permit Code Amount Unit of Measure Shoreline bulkhead walls $118 Per Linear Foot Demolition $65 Each Fences over 6 feet in height $11.74 Per Linear Foot Retaining walls $19.67 Per Linear Foot Re-inspection $65 Each Fire Alarm, new or alterations to existing Apply Construction Value to Table 1 Construction value (contract or materials x 2) Fire Sprinkler, new or alterations to existing Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Fire Suppression System Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Page 58 of 128 4 Tank: Underground or Above Ground, Installation or Removal Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Temporary Tent & Membrane Structures $65 Each Pyrotechnics Special Effects $65 Each Roof : Hot Mop/Cold Mop (flat roof) Apply Construction Value to Table 1$90 Per Calculate construction value at $90 per 100 SQ FT Roof: Composition, Metal Apply Construction Value to Table 1$70 Per Calculate construction value at $70 per 100 SQ FT Roof: Wood Shake Apply Construction Value to Table 1$140 Per Calculate construction value at $140 per 100 SQ FT Roof: Concrete, Tile, Slate Apply Construction Value to Table 1$140 Per Calculate construction value at $140 per 100 SQ FT Roof: Torch Down Apply Construction Value to Table 1$90 Per Calculate construction value at $90 per 100 SQ FT Residential Misc. Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Commercial Tenant Improvement and Misc. Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Tenant Certificate of Occupancy for new business only; All other C of O included in building permit fee. $65 Each Revised Certificate of Occupancy for business name or ownership change, or property ownership change. $50 Each Manufactured or mobile home placed on lot or first time placement in MH park $130 Each Manufactured or mobile home replacement in MH park $65 Each Expired Permit RenewalReactivation, no plan changes 50% of original fee Posted Stop Work $65 Each occurrence Page 59 of 128 5 Sign (when a building permit is required) Apply Construction Value to Table 1 Construction value (contract or materials x 2) Carport or Canopy, pre-fab kit installation $100 Each Siding or Re-siding $70Apply Construction Value to Table 1 Calculate construction value at $70 per 100 SQ FT Solar energy/photovoltaic panel system roof mounted install per WAC 51- 51-2300 Sec. M2302 $135 Each Single Family Residential plan review using a basic plan on a site specific lot $225 Each Windows or Doors Apply Construction Value to Table 1 Construction value (contract price or materials x 2) Plumbing Permit Fees Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 4 and 5 below. TABLE 4: Commercial Plumbing Permit Fees Commercial Plumbing Fixtures Fee Per Base Fee Applied to All Plumbing Permits $23.50 Flat Fee Backflow protective device 2 inches or less $9.80 Each Backflow protective device larger than 2 inches $15.00 Each Clothes Washing Machine $9.80 Each Dish Washer $9.80 Each Drainage Pipe or Vent Pipe Repair or Alteration $9.80 Each Drinking Fountain $9.80 Each Floor Drain $9.80 Each Hose Bibbs, each $1.00 Each Industrial/Sand Oil Interceptor $9.80 Each Grease Interceptor $9.80 Each Lawn Sprinkler System with Backflow Device $9.80 Each Medical Equipment / Kidney Machine $9.80 Each Medical Gas, each additional outlet in excess of first 5 $5.00 Each Medical gas system up to 5 outlets $50.00 Each Misc. Plumbing fixtures on one trap $9.80 Each Roof Drain $9.80 Each Sink (Lavatory, Kitchen, Mop, or Bar Sink) $9.80 Each Floor Sink and /or Indirect Waste $9.80 Each Multi - Compartment Sink $9.80 Each Shampoo Sink w/interceptor $9.80 Each Toilet, Water Closet, Bidet, or Urinal $9.80 Each Page 60 of 128 6 Tub and/or Shower $9.80 Each Water Heater $9.80 Each Water Pipe Repair and/or Alteration $9.80 Each Other $9.80 Each Exterior underground water line, repair or replace $50.00 Each Exterior underground sewer line, repair or replace $50.00 Each TABLE 5: Residential Plumbing Permit Fees Residential Plumbing Fixtures Fee Per Base Fee applied to all Plumbing Permits $23.50 Flat Fee Clothes Washer $7.00 Each Dishwasher $7.00 Each Floor Drain $7.00 Each Hose Bibb $1.00 Each Hot Tub $14.80 Each Lawn Sprinkler with backflow preventer $7.00 Each Sink (Lavatory, Kitchen, Mop) $7.00 Each Tub and/with or without shower, or shower $7.00 Each Toilet, Bidet or Urinal $7.00 Each Water Heater $7.00 Each Other $7.00 Each Exterior underground water line, repair or replace $50.00 Each Exterior underground sewer line, repair or replace $50.00 Each Mechanical Permit Fees Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables 6 and 7 below. TABLE 6: Commercial Mechanical Permit Fees Commercial Mechanical Fixtures Fee Per Mechanical Permit Base Fee $23.50 Flat Fee Air-Handling Unit < 10,000 CFM $14.80 Each Air-Handling Unit > 10,000 CFM $18.10 Each Class 1 Hood & Duct Systems $10.65 Each Class 2 Hood & Duct Systems $10.65 Each Clothes Dryer with exhaust $10.65 Each Compressors $14.70 Each Cook stove with exhaust $10.65 Each Ducting Change without New Furnace $13.70 Each Evaporative Coolers, permanently installed $10.65 Each Fan for Bath and/or Exhaust Fan $7.25 Each Commercial Furnace & Ducting < 100,000 btu $14.80 Each Commercial Furnace & Ducting > 100,000 btu $18.20 Each Combo Gas pipe / Water Heater / Furnace $35.45 Each Fuel System Outlets in excess of the first 4 $2.00 Each Page 61 of 128 7 Fuel Pipe System LPG, Natural Gas, OIL (first 4 outlets) $10.65 Each Miscellaneous Mechanical Equipment $10.65 Each Mechanical System Pumps (Misc.) $10.65 Each Radiant Heat Units (wall, ceiling, floor, recessed, etc.) $10.65 Each Unit Heater Suspended or Floor Mount $14.80 Each Gas Water Heater Vent & Combustion Air $10.65 Each Propane tank over 2000 gallons $10.65 Each TABLE 7: Residential Mechanical Permit Fees Residential Mechanical Fixtures Fee Per Base Fee applied to all Mechanical Permits $23.50 Flat Fee Bath Fan and or Exhaust Fan $7.25 Each Clothes Dryer w/exhaust $10.65 Each Cook Stove w/exhaust $10.65 Each Furnace Electric / Heat Pump/AC +/- ducting $14.80 Each Fireplace - Gas or Gas log inserts $12.00 Each Fireplace - Wood or Wood Stove $12.00 Each Furnace Propane +/-Ducting $14.80 Each Gas WH Vent and Combustion Air $10.65 Each Fuel Pipe System LPG, Natural Gas, Oil $10.00 Each Heater, Wall or Baseboard $10.65 Each Misc. Mechanical Equipment $10.65 Each Furnace Natural Gas +/- Ducting $14.80 Each Propane Furnace +/- Ducting $14.80 Each Propane Fuel Tank Under 2000 Gallons $10.65 Each Generator $10.65 Each C. Planning and Land Use Fees The planning and land use permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. Fees are based on an hourly rate of $75.00. TABLE 8: Subdivision POMC Title 26 Short Subdivision Application, Preliminary $1,100 Short Subdivision - Submission of Final Short Subdivision for Review and Approval, Final $600 Short Subdivision, Preliminary Amendment or Alteration $500 Final Short Subdivision, Final, Vacation or Alteration $500 Preliminary Subdivision Plats 5-20 lots $2,000 plus Hearing Examiner Fee Preliminary Subdivisions Plats 21+ Lots $2,000 + $50 Per Lot plus Hearing Examiner Fee Planned Residential Development Review per POMC 16.13.19020.34.200 $500 plus associated Preliminary Subdivision Plat Fee Page 62 of 128 8 Minor Revisions Modifications to a Preliminary Plat $500 Major Modifications to a Preliminary Plat, 5- 20 lots $2,000 plus Hearing Examiner fees Major Modifications to a Preliminary Plat, 21+ lots $2,000 + $50 per lot plus Hearing Examiner fees Boundary Line Adjustment $200 Final Plat $1,000 + 50 Per Lot Final Plat, vacation or alteration $1,000 + $50 per lot plus Hearing Examiner fees Preliminary Binding Site Plan $1,100 Preliminary Binding Site Plan, Alteration $500 Final Binding Site Plan $600 Vacation and Alteration of Final Plats and Final Binding Site Plan, Alterations or Vacation $2,000 plus Hearing Examiner Fee$500 TABLE 9: SEPA Project Checklist Review and Threshold Determination $300 Non-Project Checklist Review and Threshold Determination $300 Environmental Impact Statement Preparation Actual Cost, See SEPA Ord. Environmental Impact Statement Review Actual Cost, See SEPA Ord. SEPA Appeal Fee* $450 TABLE 10: Shoreline Permits Administrative Shoreline Substantial Development Permit $600 Shoreline Substantial Development Permit $900 plus Hearing Examiner Fee Shoreline Exemption (Letter) $150 Shoreline Conditional Use Permit $1,275 plus Hearing Examiner Fee Administrative Shoreline Conditional Use Permit $600 Shoreline Variance $1,275 plus Hearing Examiner Fee Administrative Shoreline Variance $600 Page 63 of 128 9 TABLE 11: Land Use Permits Administrative Conditional Use Permit $600 Conditional Use Permit $1,275 plus Hearing Examiner Fee Critical Areas Exemption Request $75 Rezone (without Comp Plan Amendment) $1,275plus Hearing Examiner fee Temporary Use Permit $150 Temporary Use Permit Extension $150 Variance Administrative $600 Variance $1,275 plus Hearing Examiner Fee Variance, View Protection Overlay District $1,275 plus Hearing Examiner fee View Protection Overlay District Exemption $100 TABLE 12: Other Review Request for a statement of restrictions per RCW 35.21.475 $75 Administrative Interpretation (POMC 23.40.030) $75 minimum, an additional deposit may be required if city attorney review is required, any city attorney expenses related to an application for an administrative application shall be paid by the applicant prior to issuance of a decision Pre-Application Meeting $150 (100% is credited to a land use application if filed within 12 months) Development Agreements $1,000 Deposit, which will be applied to the city’s costs including city attorney fees regardless of whether a development agreement is approved Comp Plan Amendment (Text) $500 Comp Plan Amendment (Map) $1,875 Forest Practices Application (Local Approval) $300 Landscape Plan Review Minor $225 Landscape Plan Review Major (Subdivisions with more than 20 lots, Developments larger than 20,000 square feet in area) $600 Other Appeal Fee* $450 Tax Abatement Exemption Application $1,500.00 Zoning Verification Letter $75 * Any appeal statement must be filed on the deadline established in the City's code relating to the specific appeal, together with a certified check in the amount of the appeal fee (which shall include the fee set forth in the fee Resolution, plus the hearing examiner's fees charged to the City on the appeal), which appeal fee shall be returned to the appellant if the decision of the City is not sustained by the hearing examiner. If the hearing examiner sustains the decision, the appeal fee will be applied to any Page 64 of 128 10 fees charged by the hearing examiner on the decision or appeal. If the City Council is the decision- maker on the appeal, only the appeal fee shall be charged. If any appellant believes that the payment of the appeal fee creates a financial hardship, it shall submit a request for an appeal waiver with the appeal statement on or before the deadline established in the City's code relating to the specific appeal. This request for an appeal waiver shall describe the appellant's financial situation and why payment of the appeal fee creates a financial hardship. As an example, the appellant may provide evidence that the appellant resides in a low-income household, which would include a single person, family or unrelated persons living together, whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for Kitsap County. Signs Permits Signs may also require a building permit. See B.4 and Table 3. TABLE 13: Sign Permits A-Board Sign $25 Permanent Sign $50 Comprehensive Sign Plan (Sign Program) $500 Placement of WSDOT directional sign $75 Books/Maps/Optical Discs/Other TABLE 14: Books/Maps/Optical Discs/Other Copies of Codes and Standards on Disc $5 Photocopies 11x17 and smaller (in house copying); Refer to POMC 1.18.070 for public records requests $0.15 per page black and white or $1 per page color Map Scanning if above 11x17 $3 Print Jobs on Plotter $3 per linear foot or portion thereof (36" width) In house binding of documents (plastic spine) (which are also printed in house) $15 In house binding of documents (3 ring binder) (which are also printed in house) $10 GIS Data and Custom Maps $75 per hour to produce, minimum 1 hour Public Notice signs Actual cost + 25% Mailing fee for Developer’s issued permit package USPS Priority Flat Rate + 25% D. Public Works Department Fees The Public Works Department permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE 15: Public Works Department Permits and Fees Public Works Cost Note Page 65 of 128 11 Minor Land Disturbing Activity Review and Permit (disturbances of less than 1,000 square feet) $50 No more than one minor LDAP may be issued for the same property (parcel and/or address) in any 365 day period. Land Disturbing Activity Permit Plan Review $100 for the first acre of disturbance + $25 for each additional acre of Disturbance above 1 acre. Area to be rounded up to the next higher acre. $100 minimum fee. (Paid at the time of application submittal – covers Land Disturbing Activity plan review costs). Acres of disturbance should be rounded to the nearest acre. Land Disturbing Activity Permit $100 for the first acre of disturbance + $50 for each additional acre of Disturbance above 1 acre. Area to be rounded up to the next higher acre. $100 minimum fee. (Paid at time of permit issuance – covers Land Disturbing inspection costs). Acres of disturbance rounded to the nearest acre. Stormwater Drainage Permit Plan Review $100 for the first 3,000 square feet of new and replaced hard surface to be constructed + $25 for each additional 3,000 square feet or fraction thereof of hard surface to be constructed. $100 minimum fee. (Paid at the time of application submittal – covers hard surface and stormwater improvement plan review costs). Stormwater Drainage Permit $100 for the first 3,000 square feet of new and replaced hard surface to be constructed + $50 for each additional 3,000 square feet or fraction thereof of hard surface to be constructed. $100 minimum fee. Stormwater Drainage Permit (Paid at time of permit issuance – covers hard surface and stormwater inspection costs) Street Use Permit Application Fee $50 Street Signs (provided by the city) Actual Cost +25% Plan Revision Review to Approved Permit Drawings $100 Per hour of required plan review. Latecomer Agreement Review Fee $500 Deposit The applicant shall pay the actual fee, including city attorney costs, for preparing the latecomer agreement ROW Permit, (Includes the first 100 Linear Feet of excavation / trenching) $50 Page 66 of 128 12 ROW excavation / trenchingPermit, for every 300 Linear Feet or portion thereof thereafter the first 100 Lin. Ft. $10 Work without a Permit - Penalty Permit fee is doubled Violator must obtain the required permit and pay twice the normal permit fee TABLE 16: Street Vacations Street Vacation Petition Fee $120 Street Vacation Appraisal Fee (Refundable Deposit) $500 Deposit, Petitioner shall pay the actual cost of the appraisal. TABLE 17: Impact Fee Deferrals (POMC 16.70.110 D20.182.110(4)) Application for Impact Fee Deferral $300 minimum Lien release for Impact Fee Deferral $300 minimum TABLE 18: Residential Parking Permits Residential Parking Permit $10 Replacement Parking Permit $5 Temporary Residential Parking Permit $10 Bed and Breakfast Parking Permit $10 TABLE 19: Concurrency Review (POMC 16.7120.180) 1. Concurrency (Capacity Reservation Certificate) applications fees shall be based on the following table. Each type of application (Transportation, Water, or Sewer) shall include payment of an application fee (A) plus any consultant fees charged to the city (B or C) for concurrency review as applicable. Type of Review A Application Fee (also the total review fee for applications reviewed in house by the City) B Review Performed by Consultant – Application submitted after a scope and fee has been obtained C Review Performed by Consultant – Application submitted prior to obtaining scope and fee (Deposit) Transportation $150 The applicant shall pay the amount shown in the scope and fee provided by the City’s Consultant. $1000 Deposit, the actual fee for concurrency review to be paid by the applicant Water $150 The applicant shall pay the amount shown in the scope and fee $1000 Deposit, the actual fee for concurrency review to Page 67 of 128 13 provided by the City’s Consultant. be paid by the applicant Sewer $150 The applicant shall pay the amount shown in the scope and fee provided by the City’s Consultant. $1000 Deposit, the actual fee for concurrency review to be paid by the applicant 2. The Director of Public Works shall make all determinations as to whether an application be reviewed by the city or be sent to the consultant for review. 3. When a deposit is required pursuant to the above table, the deposit shall be applied to the actual fee incurred by the city. Any balance owed shall be paid prior to the issuance of a concurrency certificate. E. Fire District Review and Inspection Fees. A surcharge on the permit types identified in Tables 21 – 2520 - 24 shall be collected if Fire District review and/or inspections take place. The minimum fee shall be $100 except where specified in the tables. The fee shall be paid at the time the permit is issued unless otherwise specified. TABLE 20: BUILDING PERMITS Type Amount Commercial Addition $150 New Commercial Building $400 Tenant Certificate of Occupancy $75 New Cell Tower $150 Commercial or Government Miscellaneous $150 Minor Tenant Improvement: for projects with a construction value under $6,000 $75 Major Tenant Improvement: for projects with a construction value of $6,000 or higher $250 Demolition $75 Commercial Waterfront $150 New Residential: Single family, ADU, Duplex $100 New Multi-family: Triplex and above $250 Residential Certificate of Occupancy $75 Other Permit Types with Flat Fees $100 TABLE 21: FIRE CODE PERMITS Type Amount Fire Alarm $400 Page 68 of 128 14 Fire Sprinkler $400 Fire Suppression System $400 Temporary Tent or Membrane Structure $400 Tank Install $400 Tank Decommission $400 High Pile Storage $400 Fire Code permit projects which are identified as highly complex shall be reviewed by a consultant under contract services. In addition to the fee listed above, the consultant fee shall be paid by the applicant and is due when the permit is issued. TABLE 22: LAND USE PERMITS Type Amount Boundary Line Adjustment $250 Conditional Use Permit $250 Preliminary Plat or alteration of $250 Final Plat or alteration of $250 Final Binding Site Plan or alteration of $250 Shoreline: Substantial Development, Conditional Use, Variance $250 Short Plat: Preliminary or Final $250 Variance $250 Comprehensive Plan Amendment $250 Zone Reclassification (Rezone) $250 TABLE 23: PUBLIC WORKS PERMITS Type Amount Land Disturbance Activity Permit and/or Stormwater Drainage Permit (This fee shall not be charged more than once per project if the permits are issued simultaneously) $250 Right-of-Way $75 Other Permit Types with flat fees $100 TABLE 24: OTHER Page 69 of 128 15 Type Amount Formal Pre-Application Conference (not credited towards a future application fee) $150 Cabaret License $100 Carnival License $100 Event Permit $100 Liquor or Marijuana License $100 Pawn Broker $100 Street Use Permit Application fee $50 Page 70 of 128 16 Building Valuation Data – August 2016February 2018 Important Points • The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, c, d Group (2015 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 226.92 219.10 213.80 205.04 192.95 187.36 198.56 176.18 169.73 A-1 Assembly, theaters, without stage 207.97 200.15 194.85 186.09 174.15 168.55 179.61 157.38 150.92 A-2 Assembly, nightclubs 177.49 172.34 167.98 161.18 151.95 147.76 155.52 137.58 132.93 A-2 Assembly, restaurants, bars, banquet halls 176.49 171.34 165.98 160.18 149.95 146.76 154.52 135.58 131.93 A-3 Assembly, churches 209.94 202.13 196.83 188.07 176.32 170.72 181.59 159.54 153.09 A-3 Assembly, general, community halls, libraries, museums 175.12 167.31 161.01 153.25 140.50 135.90 146.77 123.72 118.27 A-4 Assembly, arenas 206.97 199.15 192.85 185.09 172.15 167.55 178.61 155.38 149.92 B Business 181.12 174.43 168.67 160.26 146.18 140.70 153.97 128.34 122.72 E Educational 192.29 185.47 180.15 172.12 160.72 152.55 166.18 140.46 136.18 F-1 Factory and industrial, moderate hazard 108.53 103.54 97.56 93.81 84.17 80.36 89.86 70.57 66.08 F-2 Factory and industrial, low hazard 107.53 102.54 97.56 92.81 84.17 79.36 88.86 70.57 65.08 H-1 High Hazard, explosives 101.60 96.60 91.63 86.88 78.44 73.62 82.93 64.84 0.00 H234 High Hazard 101.60 96.60 91.63 86.88 78.44 73.62 82.93 64.84 59.35 H-5 HPM 181.12 174.43 168.67 160.26 146.18 140.70 153.97 128.34 122.72 I-1 Institutional, supervised environment 180.72 174.14 169.28 161.12 149.06 145.04 161.12 133.69 129.43 I-2 Institutional, hospitals 304.80 298.11 292.36 283.95 268.92 0.00 277.65 251.09 0.00 I-2 Institutional, nursing homes 211.20 204.51 198.75 190.34 177.26 0.00 184.05 159.42 0.00 I-3 Institutional, restrained 206.08 199.38 193.63 185.22 172.62 166.14 178.93 154.78 147.16 I-4 Institutional, day care facilities 180.72 174.14 169.28 161.12 149.06 145.04 161.12 133.69 129.43 M Mercantile 132.23 127.09 121.73 115.92 106.18 102.99 110.26 91.82 88.16 R-1 Residential, hotels 182.28 175.70 170.83 162.68 150.87 146.84 162.68 135.49 131.23 R-2 Residential, multiple family 152.86 146.27 141.41 133.25 122.04 118.01 133.25 106.66 102.41 R-3 Residential, one- and two-family 143.93 139.97 136.51 132.83 127.95 124.61 130.57 119.73 112.65 R-4 Residential, care/assisted living facilities 180.72 174.14 169.28 161.12 149.06 145.04 161.12 133.69 129.43 S-1 Storage, moderate hazard 100.60 95.60 89.63 85.88 76.44 72.62 81.93 62.84 58.35 S-2 Storage, low hazard 99.60 94.60 89.63 84.88 76.44 71.62 80.93 62.84 57.35 U Utility, miscellaneous 77.82 73.48 69.04 65.52 59.23 55.31 62.58 46.83 44.63 Group (2015 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 239.41 231.54 226.03 216.67 203.74 197.86 209.82 186.11 179.13 Page 71 of 128 17 A-1 Assembly, theaters, without stage 219.07 211.20 205.68 196.33 183.65 177.76 189.48 166.01 159.03 A-2 Assembly, nightclubs 188.23 182.77 178.14 170.93 161.13 156.68 164.92 145.88 140.94 A-2 Assembly, restaurants, bars, banquet halls 187.23 181.77 176.14 169.93 159.13 155.68 163.92 143.88 139.94 A-3 Assembly, churches 220.05 212.18 206.66 197.31 185.99 180.11 190.46 168.36 161.38 A-3 Assembly, general, community halls, libraries, 185.05 177.18 170.67 162.31 148.58 143.75 155.46 131.00 125.02 A-4 Assembly, arenas 218.07 210.20 203.68 195.33 181.65 176.76 188.48 164.01 158.03 B Business 192.02 185.04 179.30 170.56 155.93 150.11 164.01 137.00 131.05 E Educational 197.52 190.73 185.77 177.32 165.32 156.97 171.23 144.39 140.26 F-1 Factory and industrial, moderate hazard 114.08 108.82 102.59 98.59 88.51 84.45 94.44 74.21 69.43 F-2 Factory and industrial, low hazard 113.08 107.82 102.59 97.59 88.51 83.45 93.44 74.21 68.43 H-1 High Hazard, explosives 106.73 101.48 96.25 91.25 82.38 77.32 87.10 68.08 0.00 H234 High Hazard 106.73 101.48 96.25 91.25 82.38 77.32 87.10 68.08 62.30 H-5 HPM 192.02 185.04 179.30 170.56 155.93 150.11 164.01 137.00 131.05 I-1 Institutional, supervised environment 191.30 184.81 179.46 171.90 158.36 154.06 171.99 141.86 137.45 I-2 Institutional, hospitals 321.25 314.27 308.52 299.78 284.17 0.00 293.24 265.24 0.00 I-2 Institutional, nursing homes 222.99 216.01 210.27 201.52 187.89 0.00 194.98 168.96 0.00 I-3 Institutional, restrained 218.28 211.30 205.55 196.81 183.43 176.62 190.27 164.50 156.55 I-4 Institutional, day care facilities 191.30 184.81 179.46 171.90 158.36 154.06 171.99 141.86 137.45 M Mercantile 140.27 134.81 129.18 122.96 112.68 109.23 116.95 97.44 93.50 R-1 Residential, hotels 193.08 186.60 181.24 173.68 159.89 155.58 173.77 143.39 138.97 R-2 Residential, multiple family 161.95 155.46 150.10 142.54 129.52 125.22 142.64 113.02 108.61 R-3 Residential, one- and two-family 151.10 146.99 143.20 139.61 134.50 130.95 137.27 125.85 118.45 R-4 Residential, care/assisted living facilities 191.30 184.81 179.46 171.90 158.36 154.06 171.99 141.86 137.45 S-1 Storage, moderate hazard 105.73 100.48 94.25 90.25 80.38 76.32 86.10 66.08 61.30 S-2 Storage, low hazard 104.73 99.48 94.25 89.25 80.38 75.32 85.10 66.08 60.30 U Utility, miscellaneous 83.66 79.00 74.06 70.37 63.47 59.32 67.24 50.19 47.80 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. ft. c. For shell only buildings deduct 20 percent d. N.P. = not permitted Page 72 of 128 RESOLUTION NO. 030-17 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NO. 007-17 AND ESTABLISHING FEE SCHEDULES FOR THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS WHEREAS, the City of Port Orchard is responsible for implementing land use regulations, planning and public works requirements, administering the building code, and other administrative duties; and WHEREAS, there are costs associated with the implementation of city regulations and policies; and WHEREAS, the City's current Planning and Public Works Department administrative fees were adopted in December 2016 as set forth in Resolution No. 007-17; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update the City's administrative fees; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Resolution No. 007-17 is hereby repealed in its entirety.1. The fees that will be charged by the City Community Development and Public Works Departments and Clerk's Office for the specified services and permits are listed in Exhibit "A". 2. The City Council authorizes the refund of any $400 Tent and Membrane Structure permit fees paid between December 1, 2016 and May 23, 2017. 3. Fees not listed in Exhibit "A" will be determined by the City Council.4. The fees listed in Exhibit "A" shall take effect on May 26, 2017.5. 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 23rd day of May, 2017. H SEALj "ATTEST:| Robert Putaansuu, Mayor BrandfRinearson, City Clerk Page 73 of 128 Resolution No. 030-17 Page 2 of 16 Exhibit A to Resolution 030-17 A. General 1. No permit shall be issued, application accepted, service provided, or appeal filed without payment of the applicable fee set forth below. 2. References to the director refer to the director of the Department of Community Development or his/her designee. 3. When an application includes the submittal of special reports and/or plans such as habitat management plans, geotechnical reports, or traffic impact analyses requiring review beyond the capabilities of city staff, the applicant shall be required to pay the actual cost of 3rd party review by qualified consultants under contract with the city. Upon determining that 3rd party review of special reports or plans is required, the city will obtain a fee estimate from its consultant and provide that estimate to the applicant and request payment to the city. 4. Some projects require more than one permit. In some cases a project will require the payment of numerous fees from the tables below. 5. Each building, plumbing, mechanical, planning and land use, and public works permit/department review fee shall be assessed a technology fee surcharge of $10.00 to cover the cost of the purchase and ongoing maintenance of the City's SMARTGov permitting system which was put into use in November of 2014. 6. No additional inspections, including final inspections, will be scheduled or performed until all outstanding fees are paid. 7. Refunds: The hourly rate used to calculate a deduction to a refund shall be $75 per hour. a. Building Permit fees: Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permit fee for a permit that was issued by the City. If the permit fee was paid and a refund was requested prior to permit issuance, 100% of the permittee may be refunded. b. Plan Review Fees: If an application is withdrawn, cancelled or returned prior to issuing a building permit, a refund shall be issued to an amount equal to the plan review fee less actual time and materials spent on the project, provided no refund shall exceed 80% of the plan review fee. Plan review fees are non-refundable once the plan review has been completed or if the permit has been issued. c. Other Permit/Application fees: Refunds for Land Use permits and other permit application types may be authorized by the director. Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permittee. 8. All recording fees for approvals issued by the city shall be paid by the applicant. B. Building, Plumbing, and Mechanical Fee Policies 1. Failure to pay established fees may result in one or more of the following: • Per Section 109.4 of the IBC, any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Page 74 of 128 Resolution No. 030-17 Page 3 of 16 permits shall be subject to an additional fee equal to the required permit cost in addition to the underlying permit costs. • No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees on any permit associated with the project. Some signs require a building permit in addition to a land use (sign) permit. In these instances, the permit fees are additive meaning that an applicant may be required to obtain a sign permit and a building permit. Minor revisions to plans which were previously reviewed and approved by the city shall be reviewed at a cost of $75 per hour with a minimum of 1 hour billed. Valuation for Table 1 shall be determined using the IBC Building Valuation Data Table (BVD) (currently the August 2016 table as attached hereto) except as noted in the BVD Table and when otherwise noted in Tables 2 and 3. Per 2015 IBC 109.3, the applicant for a permit shall provide an estimated construction value at the time of application. The amount shall include the fair market value of any donated, contributed or found labor and/or materials. Single family home builders who wish to reuse a plan set to construct more than one home using the same plan set may do so by utilizing a "basic plan" review process. When an applicant wishes to establish a basic plan set for reuse, the plans shall initially be reviewed upon payment of the city's standard plan review fee. Once plan review is complete and if the City finds that the plans conform to the requirements of the Building Code, the plans shall be approved as a basic plan set and marked as such for reuse. For each use of the plan, the applicant shall pay a reduced plan review fee as established in Table 3 in lieu of the full plan review fee. The use of an approved basic plan set shall have no effect on the building permit fee (only the building permit plan review fee). Plans may not be reused if the city's building code has been updated unless the plans have been re-reviewed (upon payment of the full plan review fee) and approved for conformance with the updated building code. 2. 3. 4. 5. 6. TABLE 1: FEES (Permit Fee = 100% Plan Review Fee = 65%)Total Valuation $1 to $500 $26.00 $26.00 for the first $500 plus $3.00 for each additional $100, or fraction thereof, to and including $2,000______________$501 to $2,000 $69.00 for the first $2,000 plus $11.00 for each additional $1,000, or fraction thereof, to and including $40,000$2,001 to $40,000 $487.00 for the first $40,000 plus $9.00 for each additional $1,000, or fraction thereof, to and including $100,000$40,001 to $100,000 $1,027.00 for the first $100,000 plus $7.50 for each additional $1000, or fraction thereof, to and including $500,000___________________________________$100,001 to $500,000 $3,827.00 for the first $500,000 plus $5.00 for each additional $1,000, or fraction thereof, to and including $ 1,000,000__________________________________$500,001 to $1,000,000 Page 75 of 128 Resolution No. 030-17 Page 4 of 16 $6,327.00 for the first $1,000,000 plus $3.00 for each additional $1,000, or fraction thereof, to and including $5,000,000 _______________________________$1,000,001 to $5,000,000 $18,327.00 for the first $5,000,000 plus $1.00 for each additional $1,000, or fraction thereof__________$5,000,001 and up TABLE 2: Residential Single Family Unit of MeasureBuilding Permit Type Amount $82.95 square footFinish an existing basement $59.79 square footConversion of an existing garage to residential space $13.04 square footNew, repair, or alteration or addition to deck, uncovered $13.04 square footNew Foundation only or under existing structure $38.16New garage, shed, barn, or pole building (attached or detached)square foot $21.07 square footCovered porch, covered deck; new, alteration, repair, or cover added New, remodel, or repairs to freestanding roof structures and carports, other than porch or deck____________________________________$21.07 square foot $19.67 square footResidential Interior Remodel TABLE 3: Miscellaneous: Unit of MeasureBuilding Permit Code Amount Per Linear Foot$118Shoreline bulkhead walls $65 EachDemolition Per Linear Foot$11.74Fences over 6 feet in height Per Linear Foot$19.67Retaining walls $65 EachRe-inspection Apply Construction Value to Table 1 Construction value (contract or materials x 2)Fire Alarm, new or alterations to existing Apply Construction Value to Table 1 Construction value (contract or materials x 2)Fire Sprinkler, new or alterations to existing Page 76 of 128 Resolution No. 030-17 Page 5 of 16 Apply Construction Value to Table 1 Construction value (contract or materials x 2)Fire Suppression System Apply Construction Value to Table 1 Construction value (contract or materials x 2)Tank: Underground or Above Ground, Installation or Removal $65 EachTemporary Tent & Membrane Structures $65 EachPyrotechnics Special Effects $90 Per 100 SQ FTRoof: Hot Mop/Cold Mop (flat roof) $70 Per 100 SQ FTRoof: Composition, Metal $140 Per 100 SQ FTRoof: Wood Shake $140 Per 100 SQ FTRoof: Concrete, Tile, Slate $90 Per 100 SQ FTRoof: Torch Down Apply Construction Value to Table 1 Construction value (contract or materials x 2)Residential Misc. Apply Construction Value to Table 1 Construction value (contract or materials x 2)Commercial Tenant Improvement and Misc. Certificate of Occupancy for new business only; All other C of O included in building permit fee.____________________________________________ Manufactured or mobile home placed on lot or first time placement in MH park________________________________________________________ $65 Each $130 Each $65 EachManufactured or mobile home replacement in MH park 50% of original feePermit Renewal Each $65Posted Stop Work occurrence Apply Construction Value to Table 1 Construction value (contract or materials x 2)Sign (when a building permit is required) $100 EachCarport or Canopy, pre-fab kit installation $70 per 100 SQ FTSiding or Re-siding Solar energy/photovoltaic panel system roof mounted install per WAC 51-51­ 2300 Sec. M2302 $135 Each $225 EachSingle Family Residential plan review using a basic plan on a site specific lot Apply Construction Value to Table 1 Construction value (contract or materials x 2)Windows or Doors Page 77 of 128 Resolution No. 030-17 Page 6 of 16 Plumbing Permit Fees Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 4 and 5 below. TABLE 4: Commercial Plumbing Permit FeesiCommercial Plumbing Fixtures PerFee Flat $23.50Base Fee Applied to All Plumbing Permits Fee $9.80 EachBackflow protective device 2 inches or less Backflow protective device larger than 2 inches| $15.00 Each $9.80 EachClothes Washing Machine $9.80 EachDish Washer; Drainage Pipe or Vent Pipe Repair or Alteration $9.80 Each $9.80 EachDrinking Fountain $9.80 EachFloor Drain $1.00 EachHose Bibbs, each $9.80Industrial/Sand Oil Interceptor Each $9.80 EachGrease Interceptor $9.80 EachLawn Sprinkler System with Backflow Device $9.80Medical Equipment / Kidney Machine Each Medical Gas, each additional outlet in excess of first 5 $5.00 Each $50.00 EachMedical gas system up to 5 outlets $9.80 EachMisc. plumbing fixtures not specifically listed $9.80 EachMisc. Plumbing fixtures on one trap $9.80 EachRoof Drain $9.80 EachSink (Lavatory, Kitchen, Mop, or Bar Sink) $9.80Floor Sink and /or Indirect Waste Each $9.80 EachMulti - Compartment Sink $9.80Shampoo Sink w/interceptor Each $9.80 EachToilet, Water Closet. Bidet, or Urinal $9.80 EachTub and/or Shower $9.80 EachWater Heater $9.80 EachWater Pipe Repair and/or Alteration Page 78 of 128 Resolution No. 030-17 Page 7 of 16 TABLES: Residential Plumbing Permit Fees Residential Plumbing Fixtures PerFee $23.50Base Fee applied to all Plumbing Permits Flat Fee $7.00Clothes Washer Each $7.00Dishwasher Each $7.00Floor Drain Each $1.00Hose Bibb Each $14.80HotTub Each $7.00Lawn Sprinkler with backflow preventer Each $7.00Misc. plumbing fixtures not specifically listed Each $7.00Sink (Lavatory, Kitchen, Mop)Each Tub and/or shower $7.00 Each $7.00Toilet, Bidet or Urinal Each $7.00 EachWater Heater Mechanical Permit Fees Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables 6 and 7 below. TABLE 6: Commercial Mechanical Permit Fees Commercial Mechanical Fixtures PerFee Flat $23.50Mechanical Permit Base Fee Fee $14.80Air-Handling Unit < 10,000 CFM Each $18.10 EachAir-Handling Unit > 10,000 CFM $10.65Class 1 Hood & Duct Systems Each $10.65Class 2 Hood & Duct Systems Each $10.65Clothes Dryer with exhaust Each $14.70 EachCompressors $10.65 EachCook stove with exhaust $13.70 EachDucting Change without New Furnace $10.65 EachEvaporative Coolers, permanently installed $7.25Fan for Bath and/or Exhaust Fan Each $14.80Commercial Furnace & Ducting < 100,000 btu Each $18.20 EachCommercial Furnace & Ducting > 100,000 btu $35.45Combo Gaspipe / Water Heater / Furnace Each $2.00Fuel System Outlets in excess of the first 4 Each $10.65Fuel Pipe System LPG, Natural Gas, OIL (first 4 outlets)Each $10.65Miscellaneous Mechanical Equipment Each $10.65 EachMechanical System Pumps (Misc) $10.65Radiant Heat Units (wall, ceiling, floor, recessed, etc.)Each $14.80 EachUnit Heater Suspended or Floor Mount Page 79 of 128 Resolution No. 030-17 Page 8 of 16 $10.65 EachGas Water Heater Vent & Combustion Air 10.65 EachPropane tank over 2000 gallons TABLE 7: Residential Mechanical Permit Fees Residential Mechanical Fixtures Fee Per Flat $23.50Base Fee applied to all Mechanical Permits Fee $7.25 EachBath Fan and or Exhaust Fan $10.65 EachClothes Dryer w/exhaust $10.65Cook Stove w/exhaust EachI$14.80Furnace Electric / Heat Pump/AC +/- ducting Each $12.00 EachFireplace - Gas or Gas log inserts $12.00 EachFireplace - Wood or Wood Stove $14.80Furnace Propane +/-Ducting Each $10.65 EachGas WH Vent and Combustion Air $10.00 EachFuel Pipe System LPGy Natural Gas, Oil $10.65 EachMisc. Mechanical Equipment $14.80Furnace Natural Gas +/- Ducting Each $14.80Propane Furnace +/- Ducting Each $10.65 EachPropane Fuel Tank Under 2000 Gallons C. Planning and Land Use Fees The planning and land use permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. Fees are based on an hourly rate of $75.00. TABLE 8: Subdivision POMC Title 26 $1,100Short Subdivision Application Short Subdivision - Submission of Final Short Subdivision for Review and Approval______$600 $500Short Subdivision Amendment $500Final Short Subdivision Alteration $2,000 plus Hearing Examiner FeePreliminary Subdivision Plats 5-20 lots $2,000 + $50 Per Lot plus Hearing Examiner FeePreliminary Subdivisions Plats 21+ Lots $500 plus associated Preliminary Subdivision Plat Fee Planned Residential Development Review per POMC 16.13.190 $500Minor Revisions to a Preliminary Plat $200Boundary Line Adjustment $1,000 + 50 Per LotFinal Plat $1,100Preliminary Binding Site Plan $500Binding Site Plan Alteration Page 80 of 128 Resolution No. 030-17 Page 9 of 16 $600Final Binding Site Plan Vacation and Alteration of Final Plats and Final Binding Site Plans $2,000 plus Hearing Examiner Fee TABLE 9: SEPA Project Checklist Review and Threshold Determination $300 Non-Project Checklist Review and Threshold Determination $300 Actual Cost, See SEPA Ord.Environmental Impact Statement Preparation Actual Cost, See SEPA Ord.Environmental Impact Statement Review $450SEPA Appeal Fee* TABLE 10: Shoreline Permits Administrative Shoreline Substantial Development Permit $600 $900 plus Hearing Examiner FeeShoreline Substantial Development Permit $150Shoreline Exemption (Letter) $1,275 plus Hearing Examiner FeeShoreline Conditional Use Permit Administrative Shoreline Conditional Use Permit $600 $1,275 plus Hearing Examiner FeeShoreline Variance $600Administrative Shoreline Variance TABLE 11: Land Use Permits $600Administrative Conditional Use Permit $1,275 plus Hearing Examiner FeeConditional Use Permit $150Temporary Use Permit $150Temporary Use Permit Extension $600Variance Administrative $1,275 plus Hearing Examiner FeeVariance $1,275 plus Hearing Examiner feeVariance, View Protection Overlay District $100View Protection Overlay District Exemption $l,275plus Hearing Examiner feeRezone (without Comp Plan Amendment) Page 81 of 128 Resolution No. 030-17 Page 10 of 16 See Fee Policy in Critical Areas Code (currently 18.14.020) (to be renumbered 20.162 Article 8 Section 040).Critical Areas Code Special Reports Review Critical Areas Code Reasonable Use or Public $1,275 plus hearing examiner feeAgency Exceptioni $150Critical Area Exemption $1,275 plus hearing examiner fee.Critical Areas Variance TABLE 12: Other Review Request for a statement of restrictions per RCW 35.21.475 $75 $75 minimum, an additional deposit may be required if city attorney review is required, any city attorney expenses related to an application for an administrative application shall be paid by the applicant prior to issuance of a decision i l Administrative Interpretation (POMC 23.40.030)_____________________ $150 (100% is credited to a land use application if filed within 12 months)Pre-Application Meeting $1,000 Deposit, which will be applied to the city's costs including city attorney fees regardless of whether a development ________________agreement is approvedDevelopment Agreements $500Comp Plan Amendment (Text) $1,875Comp Plan Amendment (Map) $300Forest Practices Application (Local Approval) $225Landscape Plan Review Minor Landscape Plan Review Major (Subdivisions with more than 20 lots, Developments larger than 20,000 square feet in area)$600 $450Other Appeal Fee* $1,500.00Tax Abatement Exemption Application * Any appeal statement must be filed on the deadline established in the City's code relating to the specific appeal, together with a certified check in the amount of the appeal fee (which shall include the fee set forth in the fee Resolution, plus the hearing examiner's fees charged to the City on the appeal), which appeal fee shall be returned to the appellant if the decision of the City is not sustained by the hearing examiner. If the hearing examiner sustains the decision, the appeal fee will be applied to any fees charged by the hearing examiner on the decision or appeal. If the City Council is the decision­ maker on the appeal, only the appeal fee shall be charged. If any appellant believes that the payment of the appeal fee creates a financial hardship, it shall submit a request for an appeal waiver with the appeal statement on or before the deadline established in the City's code relating to the specific appeal. This request for an appeal waiver shall describe the appellant's financial situation and why payment of the Page 82 of 128 Resolution No. 030-17 Page 11 of 16 appeal fee creates a financial hardship. As an example, the appellant may provide evidence that the appellant resides in a low-income household, which would include a single person, family or unrelated persons living together, whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for Kitsap County. Signs Permits Signs may also require a building permit. See B.4 and Table 3. TABLE 13: Sign Permits $25A-Board Sign $50Permanent Sign $500Comprehensive Sign Plan (Sign Program) $75Placement of WSDOT directional sign Books/Maps/Optical Discs/Other TABLE 14: Books/Maps/Optical Discs/Other $5Copies of Codes and Standards on Disc $0.15 per page black and white or $1 per page color________________________ Photocopies 11x17 and smaller (in house copying); Refer to POMC 1.18.070 for public records requests $3Map Scanning if above 11x17 $3 per linear foot or portion thereof (36" width)___________________________Print Jobs on Plotter In house binding of documents (plastic spine) (which are also printed in house)__________$15 In house binding of documents (3 ring binder) (which are also printed in house)__________$10 $75 per hour to produce, minimum 1 hourGIS Data and Custom Maps Public Notice signs Actual cost + 25% D. Public Works Department Fees The Public Works Department permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE 15: Public Works Department Permits and Fees Public Works Cost Note No more than one minor LDAP may be issued for the same property (parcel Minor Land Disturbing Activity Review and Permit (disturbances of less than 1,000 square feet)________________________$50 Page 83 of 128 Resolution No. 030-17 Page 12 of 16 and/or address) in any 365 day period.______ (Paid at the time of application submittal - covers Land Disturbing Activity plan review costs). Acres of disturbance should be rounded to the nearest $100 for the first acre of disturbance + $25 for each additional acre of Disturbance above 1 acre. $100 minimum fee. Land Disturbing Activity Permit Plan Review acre. (Paid at time of permit issuance - covers Land Disturbing Activity inspection costs). Acres of disturbance should be rounded to the nearest acre. $100 for the first acre of disturbance + $50 for each additional acre of Disturbance above 1 acre. $100 minimum fee.Land Disturbing Activity Permit $100 for the first 3,000 square feet of hard surface to be constructed + $25 for each additional 3,000 square feet of hard surface to be constructed. $100 minimum fee. (Paid at the time of application submittal - covers hard surface and stormwater improvement plan review costs).______Stormwater Drainage Permit Plan Review $100 for the first 3,000 square feet of hard surface to be constructed + $50 for each additional 3,000 square feet of hard surface to be constructed. $100 minimum fee. Stormwater Drainage Permit (Paid at time of permit issuance - covers hard surface and stormwater improvement inspection costs)_____Stormwater Drainage Permit $50Street Use Permit Application Fee Street Signs (provided by the city)Actual Cost +25% Per hour of required plan review.______ Plan Revision Review to Approved Permit Drawings_________________________$100 The applicant shall pay the actual fee, including city attorney costs, for preparing the latecomer agreement$500 DepositLatecomer Agreement Review Fee $50ROW Permit, first 100 Linear Feet $10ROW Permit, every 300 Feet thereafter Violator must obtain the required permit and pay twice the normal permit feeWork without a Permit - Penalty Permit fee is doubled Page 84 of 128 Resolution No. 030-17 Page 13 of 16 TABLE 16: Street Vacations $120Street Vacation Petition Fee $500 Deposit, Petitioner shall pay the actual cost of the appraisal.__________________________ Street Vacation Appraisal Fee (Refundable Deposit)__________________ TABLE 17: Impact Fee Deferrals (POMC 16.70.110 D) $300Application for Impact Fee Deferral TABLE 18: Residential Parking Permits $10Residential Parking Permit $5Replacement Parking Permit $10Temporary Residential Parking Permit $10Bed and Breakfast Parking Permit Table 19: Concurrency Review (POMC 16.71) 1. Concurrency (Capacity Reservation Certificate) applications fees shall be based on the following table. Each type of application (Transportation, Water, or Sewer) shall include payment of an application fee (A) plus any consultant fees charged to the city (B or C) for concurrency review as applicable. Type of Review B CA Application Fee (also the total review fee for applications reviewed in house by the City) Review Performed by Consultant- Application submitted after a scope and fee has been obtained Review Performed by Consultant - Application submitted prior to obtaining scope and fee (Deposit) $150 $1000 Deposit, the actual fee for The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. Transportation concurrency review to be paid by the applicant__________ $150 $1000 Deposit, the actual fee for The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. Water concurrency review to be paid by the applicant__________ Page 85 of 128 Resolution No. 030-17 Page 14 of 16 $1000 Deposit, the actual fee for concurrency review to be paid by the applicant__________ $150 The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. Sewer 2. The Director of Public Works shall make all determinations as to whether an application be reviewed by the city or be sent to the consultant for review. 3. When a deposit is required pursuant to the above table, the deposit shall be applied to the actual fee incurred by the city. Any balance owed shall be paid prior to the issuance of a concurrency certificate. E. Fire District Review and Inspection Fees. A surcharge on the permit types identified in Tables 21 - 25 shall be collected if Fire District review and/or inspections take place. The minimum fee shall be $100 except where specified in the tables. The fee shall be paid at the time the permit is issued unless otherwise specified. TABLE 20: BUILDING PERMITS AmountType $150Commercial Addition $400New Commercial Building $75Tenant Certificate of Occupancy $150New Cell Tower $150Commercial or Government Miscellaneous $250Tenant Improvement $75Demolition $150Commercial Waterfront $100New Residential: Single family, ADU, Duplex $250New Multi-family: Triplex and above $75Residential Certificate of Occupancy $100Other Permit Types with Flat Fees TABLE 21: FIRE CODE PERMITS AmountType $400Fire Alarm $400Fire Sprinkler Page 86 of 128 Resolution No. 030-17 Page 15 of 16 $400Fire Suppression System $400Tank Install $400Tank Decommission $400High Pile Storage Fire Code permit projects which are identified as highly complex shall be reviewed by a consultant under contract services. In addition to the fee listed above, the consultant fee shall be paid by the applicant and is due when the permit is issued. TABLE 22: LAND USE PERMITS Type Amount $250Boundary Line Adjustment $250Conditional Use Permit $250Preliminary Plat or alteration of $250Final Plat or alteration of $250Final Binding Site Plan or alteration of $250Shoreline: Substantial Development, Conditional Use, Variance $250Short Plat: Preliminary or Final $250Variance $250Comprehensive Plan Amendment $250Zone Reclassification (Rezone) TABLE 23: PUBLIC WORKS PERMITS Type Amount $250Land Disturbance Activity Permit and/or Stormwater Drainage Permit (This fee shall not be charged more than once per project if the permits are issued simultaneously) $75Right-of-Way $100Other Permit Types with flat fees TABLE 24: Page 87 of 128 Resolution No. 030-17 Page 16 of 16 OTHER AmountType $150Formal Pre-Application Conference (not credited towards a future application fee) $100Cabaret License $100Carnival License $100Liquor or Marijuana License $100Pawn Broker $50Street Use Permit Application fee Page 88 of 128 1 City of Port Orchard Building Permit Fee Comparison City Plan Review Permit – Based on Valuation Building Permit Cost for $27,234,182 Valuation Mixed Use Building - $17,000,000 Valuation Commercial Building $4,000,000 Valuation Typical SFR - $450,000 Valuation Port Orchard (existing) 65% of Building Permit Fee Valuation/Fee $1.00 to $500: $26 $501 to $2,000: $26 for the first $500 plus $3.00 for each additional $100. $2,001 to $40,000: $69 for the first $2,000 plus $11 for each additional $1,000 $40,000 to $100,000: $487 for the first $40,000 plus $9 for each additional $1,000 $100,001 to $500,000: $1,027 for the first $100,000 plus $7 for each additional $1,000 $500,000 to $1,000,000: $3,827 for the first $500,000 plus $5 for each additional $1,000 $1,000,001 to $5,000,000: $6,327 for the first $1,000,000 plus $3 for each additional $1,000 $5,000,001 and over: $18,327 for the first $5,000,000 plus $1 for each additional $1,000 Building Permit: $40,562 Plan Review: $26,365 Total: $66,927 Building Permit: $29,327 Plan Review: $19,062.55 Total: $48,389.55 Building Permit: $15,327 Plan Review: $9,962.55 Total: $25,289.55 Building Permit: $3,477 Plan Review: $2,260.05 Total: $5,737.05 Poulsbo 65% of Building Permit Fee Valuation/Fee $1.00 to $500: $36.26 $501 to $2,000: $36.26for the first $500 plus $4.00 for each additional $100. $2,001 to $25,000: $96.26 for the first $2,000 plus $17 for each additional $1,000 $25,001 to $50,000: $487.26 for the first $25,000 plus $12 for each additional $1,000 $50,001 to 100,000: $787.260.00 for the first $50,000 plus $9 for each additional $1,000 $100,001 to $500,000: $1,237.26 for the first $100,000 plus $7 for each additional $1,000 $500,000 to $1,000,000: $4,037.26 for the first $500,000 plus $6 for each additional $1,000 $1,000,001 and over: $7,037.26 for the first $1,000,000 plus $4 for each additional $1,000 Building Permit: $115,037.26 Plan Review: $47,774.22 Total: $189,811.47 Building Permit: $71,037.26 Plan Review: $46,174.22 Total: $117,211.47 Building Permit: $16,037.26 Plan Review: $10,424.22 Total: $26,461.48 Building Permit: $3,687.26 Plan Review: $2,396.72 Total: $6,083.98 Bremerton 65% of Building Permit Fee Valuation/Fee $1.00 to $500: $35 $501 to $2,000: $35 for the first $500 plus $3.00 for each additional $100. $2,001 to $40,000: $80 for the first $2,000 plus $11 for each additional $1,000 $40,000 to $100,000: $498 for the first $40,000 plus $9 for each additional $1,000 $100,001 to $500,000: $1,038 for the first $100,000 plus $7 for each additional $1,000 $500,000 to $1,000,000: $3,838 for the first $500,000 plus $5 for each additional $1,000 $1,000,001 to $5,000,000: $6,338 for the first $1,000,000 plus $3.00 for each additional $1,000 $5,000,001 and over: $18,338 for the first $5,000,000 plus $1 for each additional $1,000 Building Permit: $40,562 Plan Review: $26,365 Total: $66,927 Building Permit: $30,338 Plan Review: $19,719.70 Total: $50,057.70 Building Permit: $18,338 Plan Review: $11,919.70 Total: $30,257.70 Building Permit: $3,488 Plan Review: $2,267.20 Total: $5,755.20 Page 89 of 128 2 City Plan Review Permit – Based on Valuation Building Permit Cost for $27,234,182 Valuation Mixed Use Building - $17,000,000 Valuation Commercial Building $4,000,000 Valuation Typical SFR - $450,000 Valuation Gig Harbor 65% of Building Permit Fee Valuation/Fee $1.00 to $500: $34 $501 to $2,000: $34 for the first $500 plus $5.00 for each additional $100. $2,001 to $25,000: $96 for the first $2,000 plus $21 for each additional $1,000 $25,001 to $50,000: $535 for the first $25,000 plus $15 for each additional $1,000 $50,001 to 100,000: $880.00 for the first $50,000 plus $11 for each additional $1,000 $100,001 to $500,000: $1,358 for the first $100,000 plus $9 for each additional $1,000 $500,000 to $1,000,000: $4,420 for the first $500,000 plus $8 for each additional $1,000 $1,000,001 and over: $7,666 for the first $1,000,000 plus $5 for each additional $1,000 Building Permit: $142,666 Plan Review: $92,732.9 Total: $235,398.90 Building Permit: $87,666 Plan Review: $56,982.90 Total: $144,648 Building Permit: $22,666 Plan Review: $14,732.90 Total: $37,398.90 Building Permit: $4,508 Plan Review: $2,930.20 Total: $7,438.20 Kitsap County Included in Permit Fee Multiplier: multiplied by fee amount to determine permit fee .0174 – Residential projects and commercial mechanical plumbing .01 All commercial project except tenant improvements .024 Commercial Tenant Improvements Total: $272,341 Total: $170,000 Total: $40,000 Total: $7,830 Olympia 65% of Building Permit Fee Valuation/Fee $1.00 to $500: $90 $501 to $2,000: $90 for the first $500 plus $5.30 for each additional $100. $2,001 to $25,000: $168.90 for the first $2,000 plus $16.80 for each additional $1,000 $25,001 to $50,000: $555.30 for the first $25,000 plus $12.71 for each additional $1,000 $50,001 to 100,000: $873.05 for the first $50,000 plus $9.45 for each additional $1,000 $100,001 to $500,000: $1,345 for the first $100,000 plus $7.98 for each additional $1,000 $500,000 to $1,000,000: $4,537.55 for the first $500,000 plus $7.09 for each additional $1,000 $1,000,001 and over: $8,082 for the first $1,000,000 plus $5.93 for each additional $1,000 Building Permit: $168,192 Plan Review: $109,324 Total: $277,516 Building Permit: $102,962 Plan Review: $66,925.30 Total: $169,887.30 Building Permit: $26,872 Plan Review: $16,816.80 Total: $43,688.80 Building Permit: $4,138 Plan Review: $2,689.70 Total: $6,827.70 Page 90 of 128 3 City Plan Review Permit – Based on Valuation Building Permit Cost for $27,234,182 Valuation Mixed Use Building - $17,000,000 Valuation Commercial Building $4,000,000 Valuation Typical SFR - $450,000 Valuation Tumwater 65% of Plan Review Valuation/Fee $1.00 to $500: $47 $501 to $2,000: $47 for the first $500 plus $3.13 for each additional $100. $2,001 to $10,000: $94 for the first $2,000 plus $4.17 for each additional $1,000 $10,001 to $25,000: $176.75 for the first $2,000 plus $20 for each additional $1,000 $25,001 to $50,000: $555.30 for the first $25,000 plus $12.71 for each additional $1,000 $50,001 to 100,000: $873.05 for the first $50,000 plus $9.45 for each additional $1,000 $100,001 to $500,000: $1,345.55 for the first $100,000 plus $7.98 for each additional $1,000 $500,000 to $1,000,000: $4,537.55 for the first $500,000 plus $7.09 for each additional $1,000 $1,000,001 and over: $8,082.55 for the first $1,000,000 plus $5.93 for each additional $1,000 Building Permit: $168,192.55 Plan Review: $109,325 Total: $277,517 Building Permit: $102,962.55 Plan Review: $66,925.66 Total: $169,888.20 Building Permit: $25,872.55 Plan Review: $16,817.16 Total: $42,689.71 Building Permit: $4,138.55 Plan Review: $2,690.06 Total: $6,828.61 Port Orchard Proposed Alternative 65% of Plan Review Valuation/Fee $1.00 to $500: $36 $501 to $2,000: $36 for the first $500 plus $4.00 for each additional $100. $2,001 to $25,000: $96 for the first $2,000 plus $17 for each additional $1,000 $25,001 to $50,000: $487 for the first $25,000 plus $12 for each additional $1,000 $50,001 to 100,000: $787 for the first $50,000 plus $12 for each additional $1,000 $100,001 to $500,000: $1,237 for the first $100,000 plus $7 for each additional $1,000 $500,000 to $1,000,000: $4,037 for the first $500,000 plus $6 for each additional $1,000 $1,000,001 and over: $7,037 for the first $1,000,000 plus $5 for each additional $1,000 Building Permit: $142,037 Plan Review: $92,324.05 Total: $234,361.05 Building Permit: $87,037 Plan Review: $56,574.05 Total: $143,611.05 Building Permit: $22,037 Plan Review: $14,324.05 Total: $36,361.05 Building Permit: $3,687 Plan Review: $2,396.72 Total: $6,083.72 Page 91 of 128 This Page Intentionally Left Blank Page 92 of 128 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: September 25, 2018 Subject: Adoption of a Resolution Supporting the Prepared by: Brandy Rinearson, MMC South Kitsap School District No. 402 City Clerk Levy and Bond Ballot Measures Atty Routing No.: NA Atty Review Date: NA Summary: On September 11, 2018, a public hearing was held to allow citizens to voice their support, or opposition, of the South Kitsap School District No. 402 Levy and Bond ballot measures. During that meeting, Superintendent Brandsma of the South Kitsap School District, presented on the upcoming propositions and asked for Council support. The 2018 Bond measure will address crowding and improve safety at both campuses. This will allow students greater personalized learning and more opportunities in the arts, athletics, and activities. The new school would serve the Cedar Heights, Sidney Glen, Sunnyslope and Burley Glenwood areas. The 2018 Levy measure will fund secure entrances at the Middle Schools, security cameras, intercom and lockdown notifications systems and fire alarm replacement district wide. In addition, will fund a large list of renovation of the pool and restrooms, roof replace at John Sedgwick, Sunnyslope, and Marcus Whitman; and improve ADA accessibility and compliance district wide. Lastly, it will fund interactive projectors for classrooms, student computers, and infrastructure upgrades to support technology throughout the district. A draft resolution, in support of the two propositions, has been provided for Council consideration. Recommendation: N/A. Relationship to Comprehensive Plan: N/A. Motion: I move to adopt a Resolution supporting South Kitsap School District No. 402 Proposition No. 1 Bond to Build Second High School, and Proposition No. 2 Capital Projects Levy to address urgent safety and security, facility projects, and technology needs at all schools. Fiscal Impact: N/A Alternatives: Do not adopt resolution. Attachments: Resolution Page 93 of 128 This Page Intentionally Left Blank Page 94 of 128 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON SUPPORTING SOUTH KITSAP SCHOOL DISTRICT NO. 402 PROPOSITION NO. 1 BOND TO BUILD SECOND HIGH SCHOOL AND PROPOSITION NO. 2 CAPITAL PROJECTS LEVY TO ADDRESS URGENT SAFETY AND SECURITY, FACILITY PROJECTS, AND TECHNOLOGY NEEDS AT ALL SCHOOLS. WHEREAS, the South Kitsap School District will place two ballot measures before voters for the November 6, 2018 election; and WHEREAS, the first measure is a Bond of $184 Million to construct a second high school; and WHEREAS, the second measure is a Capital Levy of $21 Million to address urgent safety and security, facility projects, and technology needs at all schools; and WHEREAS, the taxes will remain at the 2017 level with approval of both measures; and WHEREAS, all of the above direct and indirect results of the South Kitsap School District Levy and Bond will enhance educational opportunities for the children of South Kitsap County residents, and thereby improving the quality of life in South Kitsap; and WHEREAS, each generation should invest in its own and its children’s future by building on physical and social improvements made by prior generations; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City of Port Orchard supports the South Kitsap School District Propositions NO. 1 and NO. 2 and urges to Kitsap County voters to approve the ballot measures on November 6, 2018. 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 25th day of September 2018 ____________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 95 of 128 This Page Intentionally Left Blank Page 96 of 128 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: September 25, 2018 Subject Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E. With Olson Brothers Pro-Vac, LLC for Public Works Director Stormwater Catch Basin & Pipe Maintenance Atty Routing No: N/A Atty Review Date: N/A Summary: On August 31st 2018 the City established a list of qualified contractors from the 2018 MRSC Small Works Roster (see Resolution Exhibit A attached) for the Main Category – Storm Drainage Facility Construction, Repair, and Maintenance and Sub-Category – Catch Basin Cleaning/Vactoring/Jet Rodding to perform this year’s annual Stormwater Catch Basin & Pipe Maintenance. On August 31st, 2018 and pursuant to resolution No. 009-15, Section 4. Limited Public Works Process, the City’s Public Works Department emailed a Request for Proposal for the 2018 Stormwater Catch Basin & Pipe Maintenance from all MRSC Small Works Roster Contractors. Five (5) bids (including applicable taxes, labor, equipment, material and fees) were received prior to the September 14th, 2018 proposal deadline as follows: Name of Contractor Bid Total Olson Brothers Pro-Vac $69,510.33 Best Parking Lot $90,466.84 Ventilation Power $110,545.00 Bravo Environmental $175,592.82 Hoffman SW $265,582.00 On September 19th, 2018 the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and has determined that the Olson Brothers Pro-Vac bid of $69,510.33 was the lowest qualified bid. The Public Works Department has confirmed that the bidding requirements for Public Work have been followed. $40,000 was initially budgeted for this task in the 2018 budget. The number of City owned catch basins and stormwater pipes that require maintenance has increased significantly in recent years. This increase is due to annexation, development and significant improvements to the City’s mapping and features inventory program, which has identified several catch basins that were previously not listed in City inventory. Recommendation: Staff recommends that the City Council adopt Resolution No. 045-18, thereby approving Contract No. 073-18 with Olson Brothers Pro-Vac for the 2018 Stormwater Catch Basin & Pipe Maintenance Contract in the amount not to exceed $69,510.33 for stormwater catch basin & pipe maintenance, with the contract term beginning October 1st, 2018 and ending December 31st, 2018. Relationship to Comprehensive Plan: Chapter 7 - Utilities Page 97 of 128 Staff Report 7C Page 2 of 2 Motion for Consideration: I move to adopt a Resolution approving a Contract with Olson Brothers Pro- Vac for the 2018 Stormwater Catch Basin & Pipe Maintenance Contract in the amount not to exceed $69,510.33. Fiscal Impact: The 2018 budget allocated $40,000 for this activity (421.5.542.40.40). A budget amendment may be required. Alternatives: None. Attachments: Resolution and Small Works Contract. Page 98 of 128 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. 073-18 WITH OLSON BROTHERS PRO-VAC. FOR THE 2018 STORMWATER CATCH BASIN & PIPE MAINTENANCE PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, and as performed annually since 2013 the Municipal Research and Services Center of Washington (MRSC) advertised on behalf of participating local government agencies within Washington State (including the City of Port Orchard), for the 2018 MRSC Small Public Works Roster; and WHEREAS, on August 31, 2018, 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 – Storm Drainage Facility Construction, Repair, and Maintenance and Sub-Category – Catch Basin Cleaning/Vactoring/Jet Rodding; and WHEREAS, on August 31, 2018 and pursuant to Resolution No. 009-15, Section 4. Limited Public Works Process, the City’s Public Works Department performed email Requests for Quote for the Stormwater Catch Basin & Pipe Maintenance Project from all MRSC Small Works Roster Contractors; and WHEREAS, on September 14, 2018, the City’s Public Works Department received five (5) Bids, whereby Olson Brothers Pro-Vac, LLC provided the lowest qualified Proposal for the 2018 Stormwater Catch Basin & Pipe Maintenance; and WHEREAS, on September 19, 2018, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist on Olson Brothers Pro-Vac, LLC and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. 073-18 with Olson Brothers Pro-Vac, LLC for the 2018 Stormwater Catch Basin & Pipe Maintenance Project and adopts the “Whereas” statements contained herein, as findings in support of the City’s selection/procurement procedures. Page 99 of 128 Resolution No. ___ Page 2 of 2 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 25th day of September 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 100 of 128 Public Agency Name:City of Port Orchard Roster Type:Small Works Roster Date:08/31/2018 Time:04:03 pm Main-Category:Storm Drainage Facility Construction, Repair, and Maintenance Sub-Category:Catch Basin Cleaning/Vactoring/Jet Rodding Small Works Roster Businesses: A- Advanced Septic & Construction AAA Septic Service LLc AAA Sweeping LLC Action Services Corporation AEI Williams Group Co. DBA: AEIWG Co. Allcon llc all county rooter Allied Plumbing and Pumps, LLC All Septic and Sewer LLC American Process Group Inc Anderson Environmental Contracting, LLC. Archer Construction Axum General Construction, Inc. Baker Underground & Construction, LLC Ballard Marine Construction Barrett Utilities LLC BEST PARKING LOT CLEANING INC Bianchi Construction Big Sky Development, Inc. Big Sky Industrial Blue Marine, LLC BPCI Earthworks LLC Bravo Environmental NW, Inc. Budget Sewer Co Cannon Construction Inc. Carbon River Builders Cascade Utilities, Inc. Catchall Environmental Ceccanti, Inc. Clark And Sons Excavating INC Columbia Pacific Construction CR Construction Crux Diving, Inc DeAngelo Brothers, LLC DH Environmental, Inc. Dirt Link, LLC Drain-Pro, Inc. Extreme Excavation Fenix Earthworks LLC Flow Technologies Inc FORMA Construction Company Green Earthworks Construction, Inc. Grenlar Construction Ground Piercing Inc H&S Civil Constructors Hanson Excavation Henderson LLC Huber General Contractors Inc I & I Services Group LLC Icon Power Washing Innovative Vacuum Services Insta-Pipe,Inc Integrity Solutions Mtn. Interwest Construction Inc. IO Environmental and Infrastructure, Inc. IPI, Inc EXHIBIT A Page 101 of 128 Iron Creek Construction Jammies Environmental Inc JMG Constructors LLC John's Excavating & Paving JTI Commercial Services J T Muenscher General Contractor Inc. Kar-Vel Construction KBA Land Clearing KCL Excavating Inc KKLA Contractors, LLC Kodiak Industrial Solutions, LLC Konnerup Construction, Inc Kuchan Construction inc. LaVelle Vac & Drainage Liden Land Development & Excavation INC. LineScape of Wash. LLC LKE CORPORATION LSR Mobile Blasting Marshbank Construction, Inc. McCann Construction Enterprises, Inc. MCD, McDonald & Company, Inc Michael Green Construction, Inc. Mills General LLC Mitchell Contractors, Inc. Nasim & Sons, Inc. Neptune Marine LLC Northern Environmental LLC North Hill Resources, Inc. Northsound Utility and Construction, Inc. Northwest Cascade, Inc. Northwest Hydrovac, LLC Northwest Infrastructure N P M Construction Co. NRC Environmental Services NW Construction General Contracting, Inc. NW Relining LLC Oceanside Construction, Inc. Ohno Construction Company Olson Brothers Pro-Vac, LLC One.7, Inc. Pacific Cable Const Inc Paul Brothers, Inc. Pipeline Video Inspection LLC Pivetta Brothers Construction, Inc PNE dba CCS Precision Paving Plus LLC Puget Paving & Construction, Inc. Rains Contracting Inc Ram Construction General Contractors, LLC Raptor Excavating and Contracting LLC RAZZ Construction, Inc. Realm Inc. Reliable Dynamics LLC Reliant Construction Services Road Construction Northwest, Inc. Rocky Lang ROGNLINS INC. Root Construction Services Inc ROTSCHY INC SERVPRO Disaster Recovery Team SETON CONSTRUCTION INC. SHOEMAKER EXCAVATION INC. Shoreline Construction Co Skinner Steel and Construction LLC Page 102 of 128 SNJ Construction,Remodeling,and Design, LLC Summit Construction Superior walls Swick & Son Enterprises Inc Taylor Made LLC Tiger Construction, LTD Transblue TRICO Companies, LLC Trinity Contractors Inc. Valdez Construction, Inc Ventilation Power Cleaning, Inc. Venture Pacific Contractors, Inc. Washington State General Contracting Welch Brothers Construction Inc. Welwest Construction Inc. Western States Construction, Inc. Wetlands Creation, Inc. WFS Environmental, Inc Whirlwind Clean & Green Windwood Enterprises Inc. WS Contractors Zephyr's Inc. Page 103 of 128 Contract Checklist The following forms are to be executed by the successful Bidder after the Contract is awarded. The Contract and Performance and Payment Bond are included in these Bid Documents and should be carefully examined by the Bidder. A. Contract – Three copies to be executed by the successful Bidder. B. Performance/Payment Bond and Warranty Bond – Three copies to be executed by the successful Bidder and his surety company. This bond covers successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. The bond form included in these Bid Documents MUST be used; no substitute will be accepted. If an Attorney-in-fact signs the bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. C. Certificates of Insurance – To be executed by an insurance company acceptable to the Owner, on ACCORD Forms. Required coverages are listed in Section 1-07.18 of the Standard Specifications, as may be modified by the Special Provisions. The Owner shall be named as “Additional Insured” on the insurance policies. D. Selection of Retainage Option – The above Bid and Contract Documents must be executed by the Contractor’s President or Vice-President if a corporation, or by a partner if a partnership. In the event another person has been duly authorized to execute contracts, a copy of the resolution or other minutes establishing this authority must be attached to the Proposal and Contract documents. E. Prevailing Wage Requirements – The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The prevailing wage schedule in effect for the work under the contract will be the one in effect upon the date of execution of the contract and will continue in effect for the first contract year. Wages paid to the employees of the selected vendor must be altered annually to recognize and follow the most recently promulgated increases or decreases in prevailing wages each year after the first year of the contract period. It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a “Statement of Intent to Pay Prevailing Wages”. A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: “I certify that wages paid under this contract are equal to or greater than the applicable wage Page 104 of 128 rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries.” The selected vendor must submit to the Department of Labor and Industries an “Affidavit of Wages Paid” and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. Page 105 of 128 Selection of Retainage Option CITY OF PORT ORCHARD 2018 STORMWATER CATCH BASIN & PIPE MAINTENANCE PUBLIC WORKS PROJECT PW2018-020 Contract/Purchase Order Number: 073-18 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 106 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 1 of 16 CITY OF PORT ORCHARD SMALL WORKS OVER 35K CONSTRUCTION CONTRACT NO. 073-18 PUBLIC WORKS PROJECT NO. 2018-020 THIS Agreement is made effective as of the 25th day of September 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 and OLSON BROTHERS PRO-VAC LLC (“CONTRACTOR”) 6622 112th St E Puyallup, WA 98373 Contact: Graham Gill Phone: 253.435.4328 Email: graham.gill@pro-vac.com for the following Project: 2018 Stormwater Catch Basin & Pipe Maintenance (“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. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; 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 Page 107 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 2 of 16 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. 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 October 1st 2018. The Contractor shall substantially complete the Work not later than December 31st 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 $69,510.33 (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. 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. Page 108 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 3 of 16 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 Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: ______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Sharon Cates, City Attorney Page 109 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 4 of 16 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) Subscribed and sworn to before me this _______ day of _____________, 20______ ______________________________ Notary Public (Signature) ______________________________ Notary Public (Print) My commission expires____________ Page 110 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 5 of 16 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. 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.” 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. Page 111 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 6 of 16 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 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. Page 112 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 7 of 16 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. 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. Page 113 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 8 of 16 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. Page 114 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 9 of 16 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 01 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 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 Page 115 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 10 of 16 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 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. Page 116 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 11 of 16 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 117 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 12 of 16 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 118 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 13 of 16 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD CONTRACT NO. 073-18 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 __________________________________________________ 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 60.28.011(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. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Page 119 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 14 of 16 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 Surety ________________________________________ _______________________________________ Signature of Authorized Official Signature of Authorized Official ________________________________________ By ____________________________________ Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: 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 120 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 15 of 16 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 __________________________________, the partnership, individual, 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. Dated: ___________________________________ _________________________________________ _____________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 121 of 128 City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev 1/29/18 Small Works Contract No. 073-18 U:\Staff Reports\2018\20180925\7C 04 Contract_Draft 2018 Catch Basin Maintenance.doc Page 16 of 16 SURETY ACKNOWLEDGEMENT 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 _____________________________ 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. Dated: ___________________________________ _________________________________________ _____________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 122 of 128 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: September 25, 2018 Subject: Approval of Amended Change Order No. 3 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.: N/A Widening Project Atty Review Date: N/A Summary: On June 26, 2018, the Port Orchard City Council authorized the Mayor to execute Change Order No. 3 to Contract No. C037-17 with Active Construction, Inc. in an amount ‘not to exceed’ $116,889.50 for the relocation of the WSDOT reviewed/approved SR 16/Tremont Interchange illumination power meter base, with the provision that once the Work was complete, a corrected Change Order No. 3A would be brought back to Council for final ratification. Please note, upon completion of the above referenced Work and the final inspection by WSDOT, additional items were required by WSDOT. In general summary, the current value of all change orders to date total $812,528.92, or 81.3% of the Contingency Value. Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation. Recommendation: Staff recommends that the City Council authorize the Mayor to execute the amended Change Order No. 3 with Active Construction, Inc. in an amount not to exceed $141,592.77. Motion for Consideration: I move to approve amended Change Order No. 3 with Active Construction, Inc. in an amount not to exceed $141,592.77. Fiscal Impact: Funding provided within the approved 2017-2018 Budget for this Project. Alternatives: None. Attachments: Amended ACI Change Order No. 3. Page 123 of 128 This Page Intentionally Left Blank Page 124 of 128 U:\Staff Reports\2018\20180925\7D 02 ACI Change Order #3A.doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 3 (Amended) Date: September 25, 2018 Contractor: ACTIVE CONSTRUCTION, INC. Project: TREMONT STREET WIDENING PO BOX 430 Contract / Job # C037-17 PUYALLUP, WA 98371 Amount Sales Tax Total Date Appvd by Original Contract $12,779,179.17 Included $12,779,179.17 27-Jun-17 COUNCIL Change Order 1 $250,000.00 Included $250,000.00 24-Apr-18 COUNCIL Change Order 1A -$7,093.67 Included -$7,093.67 08-May-18 COUNCIL Change Order 2 $150,000.00 Included $150,000.00 08-May-18 COUNCIL Change Order 2A $0.00 Included $0.00 Pending COUNCIL Change Order 3 $116,889.50 Included $116,889.50 26-Jun-18 COUNCIL Change Order 3A $24,703.27 Included $24,703.27 25-Sep-18 COUNCIL Change Order 4 $18,309.41 Included $18,309.41 24-Jul-18 COUNCIL Change Order 5 $69,720.34 Included $69,720.34 24-Jul-18 COUNCIL Change Order 6 $75,179.29 Included $75,179.29 24-Jul-18 COUNCIL Change Order 7 $114,820.78 Included $114,820.78 11-Sep-18 COUNCIL Change Order 8 Included COUNCIL Change Order 9 Included COUNCIL Change Order 10 Included COUNCIL Total Contract $13,591,708.09 Contract History THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: FOR THE ‘CHANGE IN CONDITION’ WSDOT SR16/TREMONT INTERCHANGE ILLUMINATION POWER METER BASE RELOCATION THAT NEEDS TO COMMENCE ASAP TO MAINTAIN THE PROJECT SCHEDULE, AT A VALUE NOT TO EXCEED $116,889.50 (now amended to $141,592.77 by adding $24,703.27.) Page 125 of 128 U:\Staff Reports\2018\20180925\7D 02 ACI Change Order #3A.doc Page 1 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Attest: City Clerk Council Approval Date Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Page 126 of 128 CHANGE ORDER Page 1 of 2 Logged (City of Port Orchard use only) 9.21.2018 216 Prospect St. Port Orchard, WA 98366 Date: Federal Aid: State Contract: Contract: Projects: Change Order: September 10, 2018 STPUS-6610(004) _ N/A LA 5855 CO 3A Review  Documentation _____________  Resident Engr. _____________  Materials Appr Engr. _____________  City Project Manager _____________  Finance (>10%) _____________ CONTRACTOR: RECAPITULATION Active Construction Inc. ORIGINAL CONTRACT: $ 12,779,179.17 5110 River Rd. E PREVIOUS ADDITIONS: $ 787,825.65 Tacoma, WA 98443 PREVIOUS DEDUCTIONS: $ 0.00 PROJECT: PREVIOUS TOTAL: $ 13,567,004.82 Tremont Street Widening SR 16 to Port Orchard Boulevard THIS CHANGE (ADD.): $ 24,703.27 (DED.): $ 0.00 ADJUSTED TOTAL: $ 13,591,708.09 Sections 1-04.4 and 1-04.5 of the 2016 Standard Specifications shall govern the issuance of this Change Order. The work of this contract is herein modified to include the change detailed below. Additional quantities for existing and new items shall constitute the complete and final settlement for all costs of labor, material, equipment, overhead, profit, permit fees, damages (whether direct or indirect), and all other claims by the contractor as a result of this change. The time for completion is not changed by this Change Order; zero working days are hereby added to the contract. Your proposal and this acceptance shall constitute and become part of the contract, subject to all conditions contained therein, as modified by this Change Order. Accepted on: Approved by: Date Public Works Director/City Engineer Date City of Port Orchard By: Active Construction Inc. Acknowledged by: Surety Surety Seal (If Applicable) Page 127 of 128 CITY OF PORT ORCHARD CHANGE ORDER Active Construction Inc. Tremont Street Widening Change Order PCO 24 September 10, 2018 Page 2 of 2 Description Upon WSDOT inspection for the service to the SR 16 illumination, WSDOT revised the Plans. The revisions include: • Install concrete pad and Milbank service pedestal at the power source. • Install concrete around the Type 1 junction boxes, 1 foot wide and 1 foot deep. • Weld the lids of the Type 1 junction boxes. This Change Order compensates the Contractor for this work. This Change Order creates the following Bid Items with the following quantities to the project: • Bid Item A1301 Revisions to SR 16 Illumination per lump sum. Measurement and Payment Measurement and Payment for Increased Items of Work will be in accordance with the Project Specifica- tions and the Unit Contract Price. All the modifications will be paid for under existing bid items, the new- ly created bid items or are incidental to the existing Bid Items. Bid Item A1301: Revisions to SR 16 Illumination. Lump Sum $24,703.27 Total this Change Order ....................................................................................... $24,703.27 Time Statement There will be no additional time under this Change Order. Page 128 of 128