HomeMy WebLinkAbout09/25/2018 - Regular - PacketCity of Port Orchard Council Meeting Agenda
September 25, 2018
6:30 p.m.
Mayor:
1. CALL TO ORDER
Rob Putaansuu
Administrative Official
A. Pledge of Allegiance
Councilmembers:
BekAshby
2. APPROVAL OF AGENDA
Chair: ED/Tourism/LT Committee
Staff: Development Director
Finance Committee
3. CITIZENS COMMENTS
KRCC / PSRC TransPol / KRCC TransPol
KRCC PlanPol-alt / PRTPO
(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)
Shawn Cucciardi
Finance Committee
Land Use Committee
4. CONSENT AGENDA
PSRC EDD-alt
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
Fred Chang
to each Councilmember for reading and study. Consent Agenda items are not considered
Utilities Committee
Sewer Advisory Committee (SAC)
separately unless a Councilmember so requests. In the event of such a request the item is
Staff: Development Director
returned to Business Items.)
Jay Rosa pepe
A. Approval of Checks and Payroll
ED/Tourism/LT Committee
B. Approval of the September 11, 2018 Council Meeting Minutes Page 3
Utilities Committee
Chair: Lodging Tax Committee
C. Approval of an Amended Interlocal Agreement with Kitsap County, City
Sewer Advisory Committee (SAC)
of Bainbridge Island, City of Bremerton, City of Poulsbo, Suauamish
KRCC-alt / KRCC TransPol-alt
Kitsap Transit-alt
Tribe, and the Port Gamble S'Kallam Tribe for "RideAlong" Software
John Clauson
(Marti) Page 9
Chair: Finance Committee
D. Excusal of Councilmember Clauson due to a Business Obligation
Staff: Finance Director
Kitsap Public Health District-alt
KEDA/KADA-alt
S. PRESENTATION
Cindy Lucarelli
A. West Sound Treatment Center
Chair: Utilities and SAC Committee
Staff: Public Works Director
Chair: Chimes and Lights Committee
6. PUBLIC HEARING
Staff: City Clerk
A. Bethel Road and Sedl?wick Road Corridor Plan (Bond) Page 49
KEDA/KADA
Scott Diener (Mayor Pro-Tempore)
Chair: Land Use Committee
7. BUSINESS ITEMS
Staff: Development Director
ED/Tourism/LT Committee
A. Adoption of a Resolution Repealing Resolution No. 030-17 and
PSRC Growth Mgmt-a It
Establishing Fee Schedules for the Departments of Community
Department Directors:
Development and Public Works (Bond) Page 53
Nicholas Bond, AICP
Development Director
B. Adoption of a Resolution Supporting the South Kitsap School District No.
Mark Dorsey, P.E.
402 Levy and Bond Ballot Measures (Rinearson) Page 93
Director of Public Works/City Engineer
C. Adoption of a Resolution Approving a Contract with Olson Brothers Pro -
Tim Drury
Vac, LLC for Stormwater Catch Basin & Pipe Maintenance (Dorsey) Page
Municipal Court Judge
Noah Crocker, M.B.A.
97
Finance Director
D. Approval of Amended Change Order No. 3 to Contract No. 037-17 with
Geoffrey Marti
Active Construction Inc. for the Tremont Street Widening Project
Police Chief
(Dorsey) Page 123
Brandy Rinearson, MMC, CPRO
City Clerk
E. Discussion: Letter to Kitsap County (Mayor)
Contact us:
216 Prospect Street
8. REPORTS OF COUNCIL COMMITTEES
Port Orchard, WA 98366
(360) 876-4407
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
Finance TBD; 9:00am
--------------------------------------
Economic Development and Tourism October 8, 2018; 9:30am
Utilities October 15, 2018; 9:30am
Sewer Advisory October 10, 2018; 6:30pm
Land Use September 24, 2018; 9:30am
Lodging Tax Advisory September 27, 2018; 6:00pm
Festival of Chimes & Lights October 15, 2018; 3:30pm
Outside Agency Committees Varies
*DCD, Department of Community Development, 720 Prospect Street, Port Orchard
CITY COUNCIL GOOD OF THE ORDER
Location
City Hall
City Hall
City Hall
City Hall
DCD*
City Hall
City Hall
Varies
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
September 25, 2018, Meeting Agenda Page 2 of 2
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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
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Minutes of September 11, 2018
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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.
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Minutes of September 11, 2018
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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 91h 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:
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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
21s' Council meeting minutes.
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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 17tn
Councilmember Ashby reported on the September 10tn Economic Development and Tourism
committee meeting. The next meeting is scheduled for October 8tn
Councilmember Lucarelli reported the Utilities Committee is scheduled to meet September 17tn
Sewer Advisory Committee is scheduled to meet October 10tn. Chimes & Lights Committee is
scheduled to meet September 171n
Mayor Pro-Tem Diener reported the Land Use Committee is scheduled to meet September 24tn
Councilmember Rosapepe reported the Lodging Tax Committee is scheduled to meet September 26tn
[September 27tn]
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.
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Minutes of September 11, 2018
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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
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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
Subject: 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 "Ride
Along" Software
Back to Agenda
Meeting Date: September 25, 2018
Prepared by: Geoffrey C. Marti
Chief of Police
Atty Routing No.
Atty Review Date
055-18
September 13, 2018
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 261" 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.
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ATTACHMENT A
KITSAP COUNTY SHERIFF'S OFFICE - REALONG SERVICES AGREEMENT
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RideAlong 04/03/20I S
KITSAP COUNTY SHERIFF'S OFFICE.- RIDEALONG SERVICES AGREEMENT
This RideAlong Services Agreement ("Agreement") is entered into and effective as of April 15, 2018 ("Effective
Date") by and between RideAlong Labs Inc., a Delaware corporation ("RideAlong") and the Kitsap County
Sheriff's Office ("Customer").
1. RIDEALONG SERVICES AND MATERIALS
1.1 Services. RideAlong will use commercially reasonable efforts to provide the Customer with the Services
during the term of the Agreement, subject to the terms and conditions of this Agreement. "Services"
means access to the proprietary RideAlong behavioral health and substance abuse -related software platform
that RideAlong provides to Customer (the "Platform") and the services related thereto specified in the
Statement of Work attached to this Agreement as Exhibit B. RideAlong may provide all or any part of the
Services directly or through, or with the assistance of, its affiliates, licensors, contractors, or service
providers, subject to the terms and conditions of this Agreement, including security requirements. The total
number of users who are actively accessing the Services at any given time may not exceed the maximum
number of Concurrent Users specified in Exhibit A.
1.2 Restrictions. Customer may access and use the Services only in accordance with this Agreement, and
solely for the purpose of Customer's own non-commercial law enforcement and first responder purposes.
Any resale or service bureau business or similar activities with respect to the Services (or portion thereof)
or other RideAlong data or information obtained through the Services are prohibited. Customer will not,
and will not permit or assist any third party to, (a) alter, adapt, modify, translate, create derivative works of,
(b) decompile, disassemble or otherwise reverse engineer or attempt to derive the source code of, or any
technical data, know-how, trade secrets, processes, techniques, specifications, protocols, methods,
algorithms, interfaces, ideas, solutions, structures or other information embedded or used in, (c) rent, lend,
loan, lease, sell, distribute, or sublicense, (d) remove, alter, or obscure any proprietary or restrictive notices
affixed to or contained in, or (e) circumvent or attempt to circumvent any technological protective measure
contained in or supported by, the Services and any software, technology, systems, and other subject matter
provided by RideAlong in connection with the Services.
RideAlong will not, and will not permit or assist any third party to, (a) alter, adapt, modify, translate, create
derivative works of, (b) decompile, disassemble or otherwise reverse engineer or attempt to derive the
source code of, or any technical data, know-how, trade secrets, processes, techniques, specifications,
protocols, methods, algorithms, interfaces, ideas, solutions, structures or other information embedded or
used in, (c) rent, lend, loan, lease, sell, distribute, or sublicense, (d) remove, alter, or obscure any
proprietary or restrictive notices affixed to or contained in, or (e) circumvent or attempt to circumvent any
technological protective measure contained in or supported by, any software, technology, systems, and
other subject matter provided to RideAlong by Customer or accessed by RideAlong through Customer in
connection with the Services, except otherwise provided in or necessary for the purpose of this Agreement.
1.3 Integrity. Customer shall not: (a) post, transmit or otherwise make available through or in connection
with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code,
file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of,
or to monitor the use of, any hardware, software or equipment; (b) use the Services for any purpose or in
any manner that violates applicable laws and regulations, is fraudulent, or violates the rights of others; (c)
interfere with or disrupt the operation of the Services or the servers, systems, or networks used to make the
Services available, including by hacking or defacing any portion of the Services; (d) restrict or inhibit any
other person from using the Services; (e) frame or mirror any portion of the Services, or otherwise
incorporate any portion of the Services into any product or service; or (h) use any robot, spider, site
search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or
otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of
the Services. RideAlong shall not post, transmit or otherwise make available through or in connection with
the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or
program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to
monitor the use of, any hardware, software or equipment.
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RideAlong 04/03/2018
1.4 Materials. RideAlong hereby grants to Customer a limited, non-exclusive, personal, non -transferable, and
non-sublicensable right, during the term of the Agreement, to access and use such Materials as and in the
form provided by RideAlong solely as necessary to access and use the Services in accordance with this
Agreement. "Materials" means certain software, documentation, and other materials relating to the
Services or connected with the performance of the Services that RideAlong may provide to Customer.
1.5 Permitted Agencies. RideAlong will notify Customer if and when each of the agencies specified in
Exhibit C has executed an agreement with RideAlong concerning such agency's access to and use of the
Services and Materials (each such agency, a "Permitted Agency"). Customer will work RideAlong to
allow the Permitted Agencies to have access to the Services and Materials. Except as expressly provided by
this Section 1.5, Customer will not sublicense or otherwise grant (or attempt to sublicense or otherwise
grant) any of its rights or licenses pursuant to this Agreement to any other party.
1.6 Third Party Resources. Customer and RideAlong may, in connection with the provision and use of the
Services and the Materials, receive access to third party data, services, content, software or applications, or
receive open source software ("Third Party Resources"), which may be subject to separate terms. If so,
those separate terms will prevail over this Agreement as to Customer's or RideAlong's, as applicable, use
of Third Party Resources. Third Party Resources are provided by RideAlong and Customer on an "AS IS"
basis, without indemnification, support, or warranty of any kind (except to the extent any of the foregoing
are provided by the respective third party under the terms applicable to the Third Party Resources).
RideAlong and Customer, as applicable, reserve the right to suspend or terminate access to or use of the
Third Party Resources at any time. RideAlong and Customer, as applicable, will use commercially
reasonable efforts to provide notice of such suspension or termination.
1.7 Errors. If either party discovers an error or malfunction with respect to the Services, such party shall
promptly notify the other party thereof. The parties will cooperate to mitigate the impact of such error or
malfunction. RideAlong may suspend use of the Services to address any such error or malfunction and
Customer shall use good faith efforts to implement any reasonable corrective measures as RideAlong
instructs and not use Services known to malfunction or be erroneous.
1.8 Personnel. RideAlong will assign employees and subcontractors with suitable qualifications to perform all
Services. All such employees and subcontractors will have such background checks as are customary for
third party accessing the Customer's systems. Customer will provide a suitable and safe work environment
for RideAlong employees and subcontractors while such employees and subcontractors are on Customer's
premises. While on Customer's premises and when accessing the Customer's software and data, and/or the
software and data of any third party provided on behalf of the Customer, RideAlong and its employees and
subcontractors will comply with all reasonable and applicable security practices and procedures generally
prescribed and provided by Customer and the FBI's Criminal Justice Information Services Division
("CHS") version 5.5 (or any later version requested by Customer in writing). RideAlong may replace or
change employees and subcontractors as required at its sole discretion and at the reasonable request of the
Customer.
1.9 Ownership. As between RideAlong and the Customer, RideAlong owns and will retains all right, title and
interest in and to the Services, Materials, and any of its software, technology, systems and other subject
matter provided by RideAlong in connection with the Services and any and all intellectual property rights
relating thereto. No rights of any kind shall be implied pursuant to this Agreement.
1.10 Proprietary Notices. RideAlong agrees to clearly mark all confidential or proprietary RideAlong
Materials. Customer agrees (a) not to remove, alter, or destroy any trademark, copyright, or other
proprietary markings or notices placed upon or contained within any of the Services or any Materials, and
(b) to ensure that all such markings and notices are reproduced and conspicuously appear on or within all
copies, portions, extracts, and derivatives of any of the foregoing made by Customer pursuant to this
Agreement.
1.11 User Credentials. RideAlong may provide, or permit each eligible Customer end user ("User") to choose,
a user name and password, and/or provide other access control or security credentials (collectively, the
"RideAlong User Credentials") that such User may use to access and use the Services in accordance with
this Agreement. RideAlong reserves the right to suspend or revoke RideAlong User Credentials and access
to or use of the Services in the event of any misuse, abuse, or failure to comply with the terms and
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Ri Re Pongg 0 03 2018
conditions of this Agreement. Customer, (a) is responsible for protecting (i) all RideAlong User
Credentials, and (ii) access controls and security credentials issued by Customer and used to access. and use
the Services ((i) and (ii), collectively "User Credentials") from disclosure to or discovery by third parties
and any unauthorized use by third parties, (b) shall not provide any User Credentials to any party other than
a User, and (c) shall remain fully responsible and liable for (and in no event shall RideAlong be responsible
or liable for) any use, including any misuse, abuse, or unauthorized use, of any User Credentials and hereby
authorizes any and all transactions, submissions, instructions, authorizations, and other acts initiated
through the use of any User Credentials. In the event of any actual or suspected misuse, abuse, or
unauthorized use, or any suspected disclosure to or discovery by third parties, of any User Credentials, or
of any actual or suspected attempt to engage in any of the foregoing, Customer shallimmediately notify
RideAlong.
2. PAYMENT TERMS
2.1 Service Fees. Customer will pay the fees and other amounts set forth in Exhibit A (collectively, the
"Fees"). Customer will pay all Fees to RideAlong in U.S. dollars in accordance with the schedule set forth
in Exhibit A. Any sums not paid when due will automatically accrue interest from the date when due until
actually paid at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less. In the
event of any failure to timely pay any Fees or other sums owed hereunder when due RideAlong may
suspend its performance of the Services, without limiting any other rights or remedies RideAlong may have
under this Agreement or under applicable law.
2.2 Taxes and Other Charges. RideAlong will pay all sales, use, personal property and other taxes resulting
from this Agreement or any activities under this Agreement.
3. OBLIGATIONS
3.1 Compliance. Customer is responsible for compliance with all laws and regulations applicable to Customer
and its activities, including use of the Services. Customer is responsible for the selection and suitability of
the Services. RideAlong may verify Customer's compliance with this Agreement. If RideAlong seeks to
verify Customer's compliance, Customer will provide information and other materials as reasonably
requested by RideAlong to assist in the verification. RideAlong is responsible for compliance with all laws
and regulations application to RideAlong and its activities under this Agreement. Customer may verify
RideAlong's compliance with this Agreement. If the Customer seeks to verify RideAlong's compliance,
RideAlong will provide information and other materials as reasonably requested by County to assist in the
verification.
3.2 Infrastructure. Customer is responsible for obtaining, maintaining and paying for all hardware, software,
network access, and all telecommunications and other services and equipment needed for Customer to
access and use the Services ("Infrastructure") and for ensuring that all such Infrastructure meets the
minimum requirements applicable to such Infrastructure as may be identified by RideAlong from time to
time. Notwithstanding anything to the contrary, RideAlong will have no responsibility with respect to any
failure or interruption that is due to the Infrastructure or Customer's failure to provide adequate
Infrastructure, or for any security breach, loss of data, or similar event related to the Infrastructure.
3.3 Cooperation. Customer acknowledges that Customer's timely provision of (and RideAlong's access to)
Customer facilities, equipment, assistance, cooperation, and complete and accurate information and data
from Customer's officers, agents and employees ("Cooperation") is essential to the performance and
provision of the Services, and Customer agrees that RideAlong will not be liable for any deficiency in
performing or providing the Services if such deficiency results from Customer's failure to provide such
Cooperation.
3.4 Reporting and Tracking. During the term of the Agreement, RideAlong will automatically track, through
the Services, the following information: (a) client -side analytics; (b) application performance; (c) specific
information regarding errors and bugs; (d) logs; and (e) impact metrics. Customer may opt -out of such
automatic tracking by providing RideAlong with written notice within fourteen (14) days of the Effective
Date, in which event Customer agrees to provide RideAlong with written reports every week, which reports
will disclose the information specified here in Section 3.4.
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3.5 Feedback. By submitting any comments, suggestions, feedback, or ideas about the Services to RideAlong,
including without limitation about how to improve the RideAlong's products or services ("Feedback"),
Customer agrees that Customer's disclosure is gratuitous, unsolicited and without restriction and will not
place RideAlong under any fiduciary or other obligation, and that RideAlong is free to use the Feedback
without any additional compensation to Customer, and/or to disclose the Feedback on a non -confidential
basis or otherwise to anyone. Customer further acknowledges that, by acceptance of Customer's
submission, RideAlong does not waive any rights to use similar or related ideas previously known to
RideAlong, or developed by its employees, or obtained from sources other than Customer.
4. DATA
4.1 Data Input. Customer is responsible for ensuring that all data and other information entered by or on
behalf of Customer or otherwise provided to RideAlong or obtained from Customer or its equipment or
facilities (whether directly, or through RideAlong's systems) in connection with the Services ("Customer
Data") is complete and accurate. Customer Data may include non-public data and information relating to
identified or identifiable individuals ("Identifiable Data"). The Services and all information, analyses, and
other output provided by RideAlong are based on the Customer Data as received by RideAlong, and
RideAlong is not responsible for any error, omission, or inaccuracy of of based on or resulting from
Customer Data. Customer hereby grants to RideAlong, (a) a non-exclusive right to access, reproduce,
process and otherwise use the Customer Data in connection with the provision of Services hereunder for
the term of this Agreement, and (b) a non-exclusive and perpetual right to reproduce, process, distribute,
disclose, publish, analyze and otherwise use Customer Data in an anonymized form, including any data or
other information generated through the processing of Customer Data in connection with the Customer's
use of the Services and Materials ("Data Output"), as long as Customer is not identified as the source of
such data.
4.2 Ownership. As between the parties, Customer exclusively owns all right, title, and interest in and to the
Customer Data and Data Output. Notwithstanding anything in this Agreement or any Statement of Work to
the contrary, RideAlong exclusively . owns all right, title, and interest in and to any new features,
conclusions, derivative works, and any other proprietary findings developed by RideAlong through its use
of the Customer Data and Output Data, including any intellectual property rights therein.
4.3 Subcontracting. The authorizations granted to, and restrictions imposed on, RideAlong under this
Agreement, including under this Section 4, will extend to service providers and other contractors exercising
such rights and licenses on RideAlong's behalf. RideAlong may share Data, including Identifiable Data
with such third parties who provide services on RideAlong's behalf under this Agreement. RideAlong shall
ensure that its service providers and other contractors provided access to Identifiable Data shall be subject
to all terms and conditions of this Agreement with respect to Identifiable Data. Otherwise, except as
provided herein, RideAlong may disclose Identifiable Data only as RideAlong reasonably believes to be
necessary or appropriate: (a) to comply with applicable legal requirements, including legal process and law
enforcement requests; (b) to protect RideAlong's rights, property, and operations, including to enforce
RideAlong's agreements, policies, and terms and conditions, and to protect the rights, property, and
operations of RideAlong's affiliates, business partners, customers, or others; (c) to protect the personal
safety of any individual; and/or (d) in the event of a sale or transfer of all or a part of RideAlong's business,
assets, or stock. RideAlong shall give the Customer reasonable notice prior to disclosure of Identifiable
Data.
4.4 Data Authorizations. Customer represents and warrants to RideAlong that Customer has obtained all
rights, licenses and consents required to grant RideAlong the rights and licenses set forth in this
Agreement.
4.5 Data Security. Each party will maintain, throughout the term of the Agreement, appropriate
administrative, technical, and physical safeguards designed to ensure the security and confidentiality of
Identifiable Data, to protect and safeguard against anticipated threats or hazards to the integrity of, and the
unauthorized or accidental destruction, loss, alteration, access, or use of, Identifiable Data in the possession
or control of such party. Each party shall notify the other party in the event of any unauthorized or
accidental destruction, loss, alteration, access, or use of, Identifiable Data in the possession or control of
such party. In the event of unauthorized access of Identifiable Data, RideAlong will immediately notify the
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Customer's contract representative and will at its sole expense comply with all requirements of RCW
19.255.010, in effect at any given time.
5. WARRANTIES
5.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that (i) it
has full power and authority to enter into and consummate this Agreement and upon execution will be
legally bound by the terms and conditions hereof, and (ii) the execution, delivery and performance of this
Agreement does not and will not contravene or constitute a default under, and is not and will not be
inconsistent with, any judgment decree or order, or any contract, agreement or other undertaking,
applicable to such party.
5.2 Services Warranty. RideAlong represents and warrants that it will perform the Services in a professional
and workmanlike manner, substantially in accordance with the material requirements set forth in this
Agreement and any applicable Statement of Work. The sole and exclusive liability of RideAlong, and
Customer's sole and exclusive remedy, for any failure of the Services to conform to the foregoing
warranty, is for RideAlong to do one of the following (at RideAlong's sole discretion): (a) re -perform the
affected Services in a manner that conforms to the foregoing warranty, or (b) terminate the non -conforming
Services and refund to Customer a pro-rata portion of the Fees paid by Customer for such non=conforming
Services.
5.3 Exclusions. RideAlong's warranties under Section 5.2 do not apply to any act, omission, event, or
circumstance, and RideAlong shall have no obligations or liabilities under the limited warranties set forth
in Section 5.2 or with respect to any inability or failure (in whole or in part) to perform the Services in
accordance with this Agreement, resulting (in whole or in part) from or with respect to any of the following
(collectively, "Exclusionary Events"): (a) any use of the Services other than the unaltered version of the
Services as and in the form provided by RideAlong hereunder; (b) any use of the Services other than in
accordance with this Agreement and applicable user manuals issued by RideAlong; (c) any failure by
Customer to promptly implement any update, upgrade, error correction, or any other option, bug -fix, or
release, if any, made available by RideAlong to(Customer without the payment of any additional fees by
Customer, (d) any data and other information entered by or on behalf of Customer or otherwise provided to
RideAlong or obtained from Customer or its equipment or facilities in connection with the Services,
including any error, omission, or inaccuracy of or based on or resulting from Customer Data, (e) any failure
by Customer to comply with any term or condition of this Agreement or any applicable law or regulation,
and (f) any act, omission, event, or circumstance for which Customer responsible pursuant to this
Agreement, including with respect to Customer Infrastructure.
5.4 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTIONS 5.1 AND 5.2, THE
SERVICES, AND MATERIALS ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, RIDEALONG DISCLAIMS ALL
REPRESENTATIONS AND OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, TITLE AND NONINFRINGEMENT, OR QUIET
ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE OR TRADE USAGE. WITHOUT LIMITATION OF THE GENERALITY OF THE
FOREGOING, RIDEALONG DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL ERRORS, FAILURES OR DEFECTS
WILL BE CORRECTED.
6. INDEMNIFICATION
6.1 RideAlong Intellectual Property Indemnification. RideAlong will defend Customer against any claim,
demand, suit or proceeding ("Claim") brought against Customer by a third party alleging that Services,
Materials infringes or misappropriates a third parry's copyright or trade secret rights in the United States,
and RideAlong will pay all damages finally awarded against Customer by a court of competent jurisdiction
as a result of such Claim, subject to the other terms and conditions of this Agreement. Notwithstanding the
foregoing, RideAlong has no obligation to indemnify Customer with respect to use of the Services, or
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Materials in a manner that is not permitted under the Agreement or that is inconsistent with any document
provided by RideAlong to Customer.
6.2 Customer Indemnification. Customer will defend RideAlong against any Claim brought against
RideAlong by a third party relating to or arising out of Customer's access and use of the Services or
Materials, and Customer will pay all damages finally awarded against RideAlong by a court of competent
jurisdiction as a result of such Claim, subject to the other terms and conditions of this Agreement.
6.3 Indemnification Process. A party's indemnity obligations set forth in this Section 6 are conditioned upon
the indemnified party (a) providing prompt written notice to indemnifying party of any Claim for which
indemnification is required; (b) giving the indemnifying party sole control of the defense and/or settlement
of the Claim; and (c) providing the indemnifying party full cooperation and assistance with respect to the
defense and settlement, provided that the indemnifying party shall not enter into any settlement or other
compromise that materially adversely affects the indemnified party without indemnified party's written
approval, which shall not be unreasonably withheld, delayed, or conditioned.
7. TERM AND TERMINATION
7.1 Term. This Agreement will remain in effect for the period specified in Exhibit A.
7.2 Termination For Convenience. Either party may terminate this Agreement at any time upon ninety (90)
days written notice to the other party.
7.3 Termination Upon Breach. Either party may terminate this Agreement at any time upon thirty (30) days
written notice to the other party in the event of a material breach by such other party (the "Breaching
Party") of this Agreement, provided that such termination shall not be effective if such breach is cured by
such Breaching Party within such thirty (30) day period, provided further, that if the Breaching Party's
failure to cure is caused by the non -breaching party, the non -breaching party may not terminate this
Agreement. Notwithstanding the foregoing, in the event of a material breach of this Agreement, the non -
breaching party shall have the right, in addition to all other rights and remedies it may have, to suspend
performance of its obligations under the Agreement. For clarity, any error or malfunction that renders the
Platform unusable, inoperative or causes a complete failure of the Platform shall be deemed a "material
breach" permitted Customer to terminate the agreement in accordance with the above, unless such breach is
cured by RideAlong in accordance with the above, provided RideAlong's failure to cure is not caused by
Customer.
7.4 Other Termination. Either party may terminate this Agreement, or modify, limit, or suspend the Services,
if it determines, in its reasonable business judgment, that the continued provision of the Services poses
security risks, a risk of infringement or other violation of any rights of third parties; or a risk of violating
any applicable laws or regulations, or if either party becomes insolvent, subject to any bankruptcy or
similar proceedings, or commences the dissolution or winding up of its business, or upon modification or
termination of any agreements with licensors or service providers upon which either party relies to provide
or receive the Services.
7.5 Termination by Failure to Cure Errors. Customer may terminate this Agreement upon written notice to
RideAlong in the event of RideAlong's failure to correct or repair an error or malfunction that renders that
substantially degrades the performance of the Platform or materially restricts Customer's or the Permitted
Agencies' use of the Platform within sixty (60) days after Customer, as applicable, has notified RideAlong
in writing of such error or malfunction.
7.6 Effect of Termination. In the event of any expiration or termination of this Agreement all rights, licenses,
and obligations under this Agreement shall immediately terminate. The following Sections shall, to the
extent applicable, survive any expiration or termination of the Agreement: 1.9, 2,3.5, 4.1, 5.4, 7.5, 7.5, 8, 9
and 10. No expiration or termination of the Agreement shall affect any right or liability of a party accrued
before the effective date of such expiration or termination. All payments outstanding at the time of
termination shall become immediately due and payable, unless otherwise provided herein.
7.7 Data on Termination. Upon termination or expiration of this Agreement, RideAlong shall without undue
delay (a) provide to the Customer a copy of all Data provided to RideAlong or obtained from Customer or
M
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its equipment or facilities in connection with the Services. Such Data shall be provided at no cost to
Customer, in a sql data set, and (b) return to Customer, or at the option of Customer, destroy all tangible
items and embodiments of Identifiable Data and all copies thereof and provide written certification of such
destruction or return by a RideAlong representative.
8. CONFIDENTIAL INFORMATION
8.1 Definition. "Confidential Information" means (a) all information, data, or materials that a parry
("Discloser") has disclosed or otherwise made available to the other Party or any of its affiliates or
representatives ("Recipient"), or which the Recipient has observed or otherwise obtained from Discloser,
whether made available orally, in writing or in electronic form, provided that such information, data, or
materials (i) is clearly marked as "proprietary" or "confidential" at the time of disclosure, or (ii) if disclosed
in a form not susceptible to marking, is described and designated as "proprietary" or "confidential" in a
writing provided to the Recipient within thirty (30) days of such disclosure, or (iii) should reasonably be
deemed confidential under the circumstances, and (b) any copies, extracts, portions, and derivatives of any
of the foregoing. For clarity, the "Confidential Information" of RideAlong includes, the Services and
Materials -(including the object code thereof, the source code thereof, and any technical data, know-how,
trade secrets, processes, techniques, specifications, methods, algorithms, interfaces, solutions, structures,
and other information embodied in any of the foregoing).
8.2 Use and Disclosure Restrictions. The Recipient agrees: (a) to maintain the Confidential Information of
the Discloser in strict confidence; (b) not to disclose such Confidential Information to any third parties; and
(c) not to use any such Confidential Information for any purpose other than to exercise its rights or perform
its obligations under this Agreement. Recipient will treat Confidential Information of the Discloser with
the same degree of care as it accords to its own Confidential Information, but in no event with less than
reasonable care. Recipient may disclose the Confidential Information of Discloser to its directors, officers,
and employees and the Permitted Agencies (collectively, "Representatives"), who have a bona fide need
to know such Confidential Information, provided that each such Representative is bound by a legal
obligation as protective of the other party's Confidential Information as those set forth herein. Recipient's
obligations under this Section 8.2 will continue in effect for a period of three (3) years from the date of last
disclosure of Confidential Information by Discloser.
8.3 Exclusions. The obligations of Recipient under Section 8.2 will not apply to any Confidential Information
that: (a) is now or thereafter becomes generally known or available to the public, through no act or
omission on the part of Recipient (or any of its Representatives, affiliates, or agents) or any third parry
subject to any use or disclosure restrictions with respect to such Confidential Information; (b) was known
by or lawfully in the possession of Recipient, prior to receiving such information from Discloser, without
restriction as to use or disclosure; (c) is rightfully acquired by Recipient from a third party who has the
right to disclose it and who provides it without restriction as to use or disclosure; or (d) is independently
developed by Recipient without access, use or reference to any Confidential Information of Discloser.
8.4 Required Disclosures. The provisions of this Section 8 will not restrict Recipient from disclosing
Discloser's Confidential Information to the extent required by any law or regulation or compelled by a
court or administrative agency of competent jurisdiction, provided that, to the extent permissible under law,
Recipient uses reasonable efforts to give Discloser advance notice of such required disclosure in order to
enable Discloser to prevent or limit disclosure.
8.5 Return or Destruction of Confidential Information. Upon termination of the Agreement, Recipient will
promptly return to Discloser or, at Discloser's option, destroy all tangible items and embodiments
containing or consisting of Discloser's Confidential Information and all copies thereof and provide written
certification of such destruction or return by an authorized person.
8.6 Injunctive Relief. Recipient agrees that, due to the unique nature of the Confidential Information, the
unauthorized disclosure or use of the Confidential Information will cause irreparable harm and significant
injury to Discloser, the extent of which will be difficult to ascertain and for which there will be no adequate
remedy at law. Accordingly, Recipient agrees that Discloser, in addition to any other available remedies,
will have the right to an immediate injunction and other equitable relief enjoining any breach or threatened
breach of this Section 8, without the necessity of posting any bond or other security. Recipient will notify
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Discloser in writing immediately upon Recipient's becoming aware of any such breach or threatened
breach.
9. LIMITATION OF LIABILITY
9.1 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF
LIABILITY, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING ANY
DAMAGES ARISING FROM LOSS OF USE, LOSS OF OR INACCESSIBLE DATA OR
INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING
SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF WHETHER SUCH
LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER
RIDEALONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 RIDEALONG'S TOTAL CUMULATIVE INDEMNIFICATION OBLIGATION FOR THIRD PARTY
CLAIMS ARISING OUT OF ANY UNAUTHORIZED OR ACCIDENTAL ACCESS OR USE OF ANY
OF CUSTOMER'S IDENTIFIABLE DATA CAUSED BY RIDEALONG'S NEGLIGENCE WILL NOT
EXCEED $200,000.00.
9.3 CUSTOMER'S TOTAL CUMULATIVE INDEMNIFICATION OBLIGATION FOR THIRD PARTY
CLAIMS ARISING OUT OF CUSTOMER'S ACCESS AND USE OF THE SERVICES AND
MATERIALS CAUSED BY CUSTOMER'S NEGLIGENCE WILL NOT EXCEED $200,000.00.
9.4 EXCEPT FOR THIRD PARTY CLAIMS ARISING UNDER SECTIONS 9.2 AND 9.3, EACH PARTY'S
TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF WILL NOT EXCEED $75,000.00, REGARDLESS OF WHETHER
SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF
WHETHER RIDEALONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE.
9.5 Disclaimer of Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR
LIMITATION OF LIABILITY, RIDEALONG DISCLAIMS ALL LIABILITY RELATED TO OR
ARISING OUT OF CUSTOMER'S USE OR CUSTOMER'S MISUSE OF THE SERVICES OR
MATERIALS OR CUSTOMER'S FAILURE TO REPORT ANY ERRORS OR BUGS IN THE
SERVICE, OR MATERIAL TO RIDEALONG, INCLUDING, BUT NOT LIMITED TO, ANY DEATH,
PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED THERETO.
10. GENERAL
10.1 Force Majeure. Except with respect to Customer's obligation to make timely payments, neither party will
be responsible for any delay or failure in performance to the extent that such delay or failure is caused by
fires, strikes, embargoes, explosion, earthquakes, floods, wars, labor disputes, government requirements,
civil or military authorities, acts of God or by the public enemy, inability to secure raw materials or
transportation facilities, acts or omissions of carriers or suppliers, or other causes beyond its reasonable
control
10.2 Severability. In the event that any provision of the Agreement (or any portion hereof) is determined by a
court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such provision (or part
thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if
incapable of such enforcement, shall be deemed to be deleted from the Agreement, while the remainder of
the Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
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10.3 Assignment. Neither party may assign this Agreement or any of its rights or obligations under this
Agreement, by operation of law or otherwise, without the prior written consent'of the other party, such
consent not to be unreasonably withheld or delayed. This Agreement will bind each party and its successors
and assigns in any manner in accordance with applicable law (such as in accordance with 48 C.F.R. § 42.12
or the Assignment of Claims Act (31 U.S.C. § 3727)).
10.4 Government End User Rights. Customer acknowledges and agrees that no part of the Services, or
Materials or Additional Services was first produced in the performance of a U.S. Government or
Washington Governmental Authority contract. Customer further acknowledges and agrees that the
Services, Materials and Additional Services are a "commercial item" as defined in 48 C.F.R. § 2.101 and
any corresponding Washington Governmental Authority statutes and/or regulations (the "State Legal
Requirements"). Accordingly, if Customer is a U.S. Government agency, department or instrumentality
or Washington Governmental Authority or if Customer is providing all or any part of the Services,
Materials or Additional Services to the U.S. Government (or any agency, department or instrumentality of
the U.S. Government) or Washington Governmental Authority, such use, duplication, reproduction, release,
modification, disclosure or transfer of this commercial product and data, is restricted in accordance with 48
C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-2, and 48 C.F.R. § 227.7202, or comparable
State Legal Requirements, as applicable. Consistent with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48
C.F.R. § 227,7102-1 through 48 C.F.R. § 227.7102-3, and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, or
comparable State Legal Requirements, as applicable, and the Services, Materials and Additional Services
are made available to U.S. Government or State Governmental Authority, as applicable, end users (a) only
as a Commercial Item, and (b) with only those rights as are granted to all other users pursuant to this
Agreement and any related agreement(s), as applicable.
10.5 Disputes. If Customer is not the U.S. Government (or any agency, department or instrumentality of the
U.S. Government), then this Agreement is to be construed in accordance with and governed by the internal
laws of the State of Washington without giving effect to any choice of law rule that would cause the
application of the laws of any jurisdiction other than the internal laws of the State of California to the rights
and duties of the parties. Any legal suit, action or proceeding arising out of or relating to this Agreement
will be commenced in Kitsap County, Washington and each party hereto irrevocably submits to the
exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
10.6 No Waiver. No course of dealing, course of performance or failure of either party strictly to enforce any
term, right or condition of this Agreement will be construed as a waiver of any other term, right or
condition. No waiver or breach of any provision of this Agreement will be construed to be a waiver of any
subsequent breach of the same or any other provision.
10.7 Relationship of the Parties. This Agreement will not be construed as creating an agency, partnership,
joint venture or any other form of association, for tax purposes or otherwise, between the parties, and the
parties will at all times be and remain independent contractors. Except as expressly agreed by the parties in
writing, neither party will have any right or authority, express or implied, to assume or create any
obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the
other party in any respect whatsoever.
10.8 Publicity. Customer agrees and acknowledges that RideAlong may identify Customer as a customer of the
Services in RideAlong's customer lists, on RideAlong's website and in its marketing, promotional, and
similar materials by Kitsap County Sheriff's Office name. RideAlong may not, without the prior written
consent of Customer, use the Kitsap County Sheriff's Office logo, or describe Customer's use, of
RideAlong's products, software, and services, how it benefits Customer, for example in the form of case
studies published on RideAlong's website or in other materials, and that Customer is an early adopter of the
Services.
10.9 Notices. All notices required hereunder will be in writing, will reference this Agreement and will be
deemed to be properly given: (a) when delivered personally; (b) five (5) business days after having been
sent by registered or certified mail, return receipt requested, postage prepaid; (c) two (2) business days after
deposit with an express courier, with written confirmation of receipt; or (d) when sent by email, with
electronic confirmation of receipt. All notices will be sent to the address specified on the signature page of
this Agreement (or to such other address as may be designated by a party by giving written notice to the
other party pursuant to this Section 10.8).
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10.10 Complete Agreement and Conflicts. This Agreement, any exhibits and schedules attached to it, and any
other terms and conditions incorporated by reference herein, contain the entire understanding of the parties
with respect to the subject matter hereof, and supersede any and all related prior understandings,
agreements, representations, negotiations and discussions, whether oral or written. This Agreement cannot
be modified or amended except in a writing signed by both parties. Notwithstanding anything herein to the
contrary, any bonflicts or disputes between the terms of this Agreement and each Statement of Work shall
be. resolved in favor of tlW Agreement, unless explicitly stated otherwise in the Statement of Work.
[Signatures on Following Page]
10
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RIDEALC,
fi
By: k
KITSAP
0
Name: Katherine Nammacher Name:
Title: CEO & Co -Founder Title:
Address for Formal Notice: Address for Formal Notice:
RideAlong Labs Inc.
155 91h Street
San Francisco, CA 94103
Attn: Katherine B. Nammacher, CEO & Co -Founder
Kitsap County Sheriff's Office
614 Division St # Ms-37
Port Orchard, WA 98366
Attn: Gary Simpson, Sheriff
11
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ExHIBIT A
CONTRACT SUPPLEMENT
1. Term. This Agreement will commence on the Effective Date and, unless earlier terminated pursuant to the
terms hereof, will continue for a period of three (3) years. The parties agree to meet at least ninety (90) days, but
no more than one hundred and twenty (120) days, prior to the expiration of the term of this Agreement to
discuss, in good faith, renewal terms.
2. Fees. The total amount due under this Agreement shall not exceed a total of $150,000. Customer will pay to
RideAlong (i) upon signing of this Agreement, a fee of Seventy Five Thousand Dollars ($75,000.00), which fee
shall be non-refundable and non -recoupable; (ii) upon launch of the Platform at the end of Phase One, as further
described in Exhibit B, a fee of Twenty Five Thousand Dollars ($25,000.00), which fee shall be non-refundable
and non -recoupable; and (iii) upon the commencement of Phase Two, as further described in Exhibit B, the
final fee of Fifty Thousand Dollars ($50,000.00), which fee shall be non-refundable and non -recoupable, will be
due within thirty days of receipt of the final invoice from RideAlong.
3. Maximum Concurrent Users. Unlimited.
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EXHIBIT B
STATEMENT OF WORK
1. OVERVIEW
This Statement of Work is entered into under that certain RideAlong Services Agreement, by and between
RideAlong Labs Inc. and Kitsap County Sheriff's Office (the "Agreement"). Any term not defined in this Statement
of Work shall have the meaning set forth in the Agreement.
RideAlong will work with Customer and the Permitted Agencies to deploy RideAlong's proprietary behavioral
health and substance abuse -related software platform to Customer and the Permitted Agencies. Designated content
managers from Kitsap County ("Agency Content Managers") will administer the tailored content within the
application. The Kitsap County Information Services Department ("Kitsap IS") will work with RideAlong and
Agency Content Managers to deploy the application.
Within this Statement of Work, RideAlong will work with Customer to: customize and launch the current
application (Phase One), build out additional features for the application including any additional enhancements for
the Permitted Agencies (Phase Two), and maintain the application (Phase Three). This Statement of Work
encompasses Phases One, Two, and Three of this process. These three stages (Phases One, Phase Two, and Phase
Three) constitute the full package of work.
1.1 Contract and Legal Relationship between RideAlong and Permitted Agencies
Customer will work with RideAlong to launch the application to the Permitted Agencies. This Statement of Work
will cover Phase One, Phase Two, and Phase Three. 12 months after signing the Agreement, Customer and the
Permitted Agencies will transition into Phase Three, a maintenance relationship with RideAlong for the remainder
of the contract.
2. TECHNICAL REQUIREMENTS
2.1 Environment, infrastructure and interfaces/exchanges
The RideAlong team and Kitsap IS employees will identify the necessary connections and/or data to ensure ongoing
access throughout Version 0.0.09 and Version 1. Connections for the application also include tools to: provide client -
side analytics (i.e. bounce rate, etc.), monitor application performance (i.e. slow page loads, etc.), monitor errors (i.e.
identifying specific information about bugs automatically, etc.), and manage logs (i.e, compliance with log
requirements, etc.).
3. SUPPORT AND MAINTENANCE
3.1 Bug Priority Definitions, Process, and Expectations
The RideAlong team will provide varied level of supports depending on the severity of the issue.
Bug reports will be captured through a combination of the application itself (through error monitoring and an
internal messaging system, as well as the Customer and Permitted Agencies reporting bugs on an ongoing basis to
RideAlong. Within the RideAlong app, the internal messaging system will allow officers (in both the Customer
agency and the Permitted Agencies) to submit content, usability, and technical bug reports directly through the
application to Agency Content Managers and RideAlong. The internal messaging system has been chosen because it
is more secure than email and other forms of communication. Most bug reports coming through the internal
messaging system are expected to be major or minor priority level (as defined below). For any critical or blocker
bug reports submitted through the messaging system, RideAlong will alert Kitsap IS and Agency Content Managers
about the report.
Below is the support and maintenance plan for feedback and bugs reported coming directly to Kitsap IS about
RideAlong during Phases One, Two, and Three. This support plan lays out the expected process for Kitsap IS,
Agency Content Managers, and RideAlong to address and fix technical bugs.
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Critical
Major
Minor
The application is down, or no one can log
in, etc. Includes data corruption and major
security risks. This must be actively
interfering with regular usage of the app.
Something is broken and impacting
people's ability to use major features of the
application. There is no easy workaround
or no workaround at all. Includes minor
security risks. Key data about individuals
included in the application is not appearing
correctly.
A highly irritating bug or looks bad, but
there is a workaround.
A cosmetic bug, or otherwise not
impacting key application's functionality.
{ RideAlong, the Agency
( The Customer
Content Managers, and
and/or Permitted
Kitsap IS jointly confirm
j Agencies can
that the bug is a blocker
contact RideAlong
bug. Kitsap IS confirms
as needed 24/7.
that bug is not generated
RideAlong will
from their systems,
reply as soon as the
Customer and/or
team gets that
Permitted Agencies
Blocker
1 message (within 6-
emails and (if needed)
10 hours). Once
texts RideAlong.
( notified, RideAlong
will work with the
Customer, Kitsap IS
and the Agency
Content Managers
in communication
about possible
resolutions.
RideAlong, the Agency
RideAlong team is
Content Managers, and
available via email
Kitsap IS jointly confirm
24/7 (first option) or
that the bug is a critical
phone Monday
bug. The Customer and/or
through Friday 9 am
Permitted Agencies
Critical that bug is
— 6 pm, and will
confirm not
confirm receipt of
generated from their
Critical bugs within
systems. Kitsap IS and/or
1 business day.
Agency Content
Once notified,
Managers emails and (if
RideAlong will
needed) texts or calls
work with the
RideAlone.
Customer, Kitsap IS
Users are unable to log into the
application.
An error occurs on the first login attempt;
Agency Content Managers is unable to
assign an order to the strategies in the
Response Plan.
Date validation does not work if you do
not include the leading zeros.
Icons are not centered with the header
title.
kinuc a.waic Vl Lllu lbbuv, 11 a Lnut xGl
RideAlong will follow-up Bug arises
6 — 72 hours after initial
! caused by the
response with next steps
Customer's
(creating plan, fixing
1 and/or
code, launching new
j Permitted
code, etc.) based on the
Agencies'
issue's complexity.
systems, the
Kitsap IS will
inform
I RideAlong of
the event via
( email within 24
hours.
With Critical bugs,
On,a per -case
RideAlong will make a
basis,
good faith effort to fix
RideAlong,
this by the next normally-
Kitsap IS, and
scheduled code release.
Agency Content
Managers will
jointly
determine if a
Critical bug
should be (and
can be) released
sooner.
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Page 2 of 128
Bck to Agenda
Rig 04/03/2018
and the Agency
Content Managers
about possible
resolutions. -
-
RideAlong, Agency`
RideAlong team is
These will be prioritized
Content Managers, and
available via email
by RideAlong within
Kitsap IS jointly confirm
and will confirm
feature releases and
that the bug is a major
receipt within 1
planned work by
bug. The Customer and/or
business day. Once
RideAlong as part of the
Permitted Agencies
Major
notified, RideAlong
bi-monthly code release
confirm that bug is not
will work with the
schedule.
generated from their
Customer, Kitsap IS
systems. The Customer
and the Agency
I
and/or Permitted Agencies
Content Managers
{
email RideAlong,
about possible
a '"
resolutions.
RideAlong, Agency
RideAlong team is
These will be prioritized
Content Managers, and
available via email
by RideAlong within
Kitsap IS jointly confirm
24/7 and will
feature releases and
that the bug is a minor
confirm receipt
planned work by
bug. The Customer and/or
within 1 business
RideAlong as part of the
Permitted Agencies
day. Once notified,
bi-monthly code release
Minor
confirm that the bug is not
RideAlong will
schedule.
generated from their
work with the
systems. The Customer
Customer, Kitsap IS
and/or Permitted Agencies
and the Agency
email RideAlong.
Content Managers
about possible
resolutions.
RideAlong will share a monthly report of work for Phase One and Two that includes all fixed bugs, high priority or
high impact bug reports filed, and features worked on (research, development, and release) during the regularly -
schedule check in meetings with Kitsap IS and the Agency Content Managers.
Initial Launch Week (in Phase One)
During Phase 1, RideAlong will be available 8 am — 10 pm PT over the phone and by email during the first week
after launch. After the first week, the immediate response will depend on the severity of the bug and its effects on
the application in use.
Phase One, Phase Two & Phase Three (After First Two Weeks Post -Launch)
Below are two tables that lay out the definition of the bug priority level, as well as the process between Kitsap IS,
the Agency Content Managers, and RideAlong depending on the bug.
4. PHASE ONE (ESTIMATED TO BE 120 DAYS)
4.1 Version 1 (Cloud); Initial deployment of RideAlong Application
The work will be roughly divided into the following categories, some of which will overlap.
Phase One is focused on adapting the tool to meet Customer's and Permitted Agencies' needs and launching the
application for all law enforcement officers of Customer and Permitted Agencies. This includes: Kitsap IS reviewing
the application and ensuring it meets all Customer requirements and RideAlong making code adjustments to fulfill
changes requested and mutually agreed upon; Kitsap IS providing the RideAlong application's servers access to core
databases essential for its use (this includes databases that store RMS information); RideAlong and Kitsap IS jointly
establishing a process for reviewing and deploying any bug fixes for the immediate post -launch period; releasing
training on the application to law enforcement officers (Agency Content Managers); and fixing any technical (Kitsap
sf-3835476 15
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RideAlong 04/03/2018
IS and RideAlong) and content (Agency Content Managers and RideAlong) bugs during a 2-4 week process post -
launch.
RideAlong will continue to collect, categorize, prioritize, and fix key bugs and features as reported by users. For the
first two weeks, RideAlong will send out a report twice a week to key stakeholders (exact people TBD), then switch
to report outs during the regularly -schedule check in meetings with Kitsap IS and the Agency Content Managers.
RideAlong, Kitsap IS, and Agency Content Managers will develop a process to receive, prioritize, and fix bug
reports. RideAlong will be responsible for application bug fixes, Agency Content Managers for content issues within
profiles, and Kitsap IS for connection into databases and systems and networking.
During the first week after launch, the RideAlong team will be available from 8 am to 10 pm PT every business day
that week. The following week, the team will be available from 9 am — 6 pm PT to be contacted about all regular
bug reports and questions. If there is an issue that is defined as "blocker" (see Support and Maintenance section for
definition), then Customer, Kitsap IS, and/or Agency Content Managers can call RideAlong as needed (outside of
normal hours and on the weekends) to establish a plan to resolve the "blocker" bug. Further information about
support and maintenance is outlined above.
A. Onboarding (2 weeks, remote). The RideAlong team will work with the Customer to prepare for the
partnership. This will include meeting with key stakeholders among city and county staffs (and Permitted
Agencies' leadership as needed), setting up meetings, aligning community resources, ensuring access to
relevant data, and setting up logistics like access to buildings during the research phase. Preparation may
include some baseline research and evaluation.
B. Research (6 weeks). The RideAlong team will conduct interviews and research with government staff, law
enforcement officers, residents, and community groups to inform and drive development of technology
tools and approaches. The key focuses will be generative research to scope of the project for Phases One
and Two, and identify specific features required for the Phase One launch.
C. Systems Integration (8 weeks). On the Kitsap IS side, RideAlong will coordinate with the Kitsap IS to
secure access to data and tools.
D. Review agency launch requirements (8 weeks): RideAlong will work with Kitsap IS to ensure that all
technical, security, and compliance requirements for the application are met.
E. Kitsap County -Specific Feature Development (10 weeks). RideAlong will identify the key features to
adapt the tool to meet the Customer's and Permitted Agencies' needs based on research. The team will
prototype solutions and test them remotely with law enforcement officers.
a. RideAlong will return to Kitsap County as required to conduct user testing and gain feedback to
ensure features meet officer expectations and needs.
The Customer and Permitted Agencies will make 10 officers available for an hour of one-on-one
testing per person. These officers will need to be a diverse set of officers in terms of. age, gender,
shift times, jurisdiction, CIT / non-CIT trained, race, and years as law enforcement officers.
F. Preparation for Launch (2 weeks).
a. Testing (Unit, Quality Assurance and User Acceptance Testing with Agency Content Managers)
b. Preparation for Deployment
i. Establish a deployment pipeline for a triage period
ii. Agency Content Managers confirm that all response plans within the app are created and
up-to-date
c. Ensure officers understand how to use RideAlong through training. The training process will be
determined jointly between RideAlong, Kitsap IS, Agency Content Managers, the Customer and
sf-3835476 16
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VeonB�ack to Agenda
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Permitted Agencies.
G. Deploy to Production (4 weeks). RideAlong will coordinate with Kitsap IS, the Customer and Permitted
Agencies to launch the application to law enforcement officers across the Customer and Permitted
Agencies. This will include identifying which individuals should have profiles in the application, and how
to make sure there's content in the app for launch.
a. Add all live links to the CAD system (or a similar equivalent, as jointly determined by RideAlong
and Kitsap County)
b. Add a link to RideAlong on any relevant internal pages for the Permitted Agencies that link to
software tools
c. Agency Content Managers will email all users about the application now being ready for use
H. Triage and Immediate Technical Bug Fixes (2-4 weeks). RideAlong and Kitsap IS will jointly establish a
process for reviewing and deploying any bug fixes for the immediate post -launch period, fixing any
technical (Kitsap IS and RideAlong) and content (Agency Content Managers and RideAlong) bugs for
immediately post -launch.
RideAlong Team on -site for 2-4 business days
o Determined by launch date and availability between Kitsap IS, Agency Content Managers, and
RideAlong
o Conduct a launch post-mortem on last day of launch week on -site with Agency Content Managers,
RideAlong, and Kitsap IS
■ Led by the RideAlong team
■ 2-hour meeting
I. Stabilization & Documentation
a. Plan to address issues during Stabilization
b. Communication, documentation, tracking bug fixes, etc.
J. Internal Promotion of RideAlong. RideAlong will work with the Customer and Permitted Agencies to
promote the application among officers to increase use as well as the overall engagement.
(ongoing)
5. PHASE TWO (ESTIMATED 8 MONTHS, DEPENDING ON PHASE I TIMELINE)
5.1 Version 2 (Cloud); RideAlong Enhancements
The second phase is focused on identifying further features that would enhance the application's use for the
Permitted Agencies, track impact metrics, and ensuring the app is stable. The feature sets built will be determined by
RideAlong based on the needs of Agency Content Managers, the needs of Customer and Permitted Agencies, the
technical complexity of proposed features, and availability of RideAlong's team to build these out. To accomplish
this, RideAlong and the Agency Content Managers will set up a user testing schedule with Customer and Permitted
Agencies for usability testing; Kitsap IS and RideAlong will jointly establish a system for deployment of new
features. The impact metrics to track will be: 7-day active users of the application, what percent of relevant calls that
the RideAlong app was used on, number of police hours deferred, user satisfaction, resources used by high utilizers
pre- and post -plans, and additional key metrics pulled from the data collection template.
RideAlong will deploy new code in 2-4 week batches, alternating focus between bug fixes and new features. The
goal is to have new code released to production at least once per month.
A. Kick-off & Planning (1 week of planning during two 2-hour meetings)
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RideAlong 04/03/2018
a. Planning and Preparing
i. Establish a code deployment pipeline for feature launches
b. Establish a code deployment pipeline for bug fixes of varied severity
B. Continuous, Iterative Feature Development (3 months). RideAlong prioritizes key feature sets to develop
(RideAlong, based on requests from Agency Content Managers, user research with law enforcement officers,
and Phase One needs). Process is outlined below.
User Research and Testing (Usability)
• RideAlong drafts new feature set
• Conducts user research with law enforcement officers weekly for usability testing (2 officers per week from
a combination of Customer and Permitted Agencies, as coordinated with Agency Content Managers)
Feature Development
• Write code for feature
• Deploy code
Feature Deployment
• Technical and Business Testing (Unit, Quality Assurance and User Acceptance Testing)
• Preparation for Deployment
• Deploy to Production
o .Address bugs as needed based on complexity of issue
C. User Research and Testing ("Field Testing") — 3 months
• Work with Customer and Permitted Agencies regularly (weekly feedback) on features
o These officers will need to be a diverse set of officers in terms of. age, gender, shift times,
jurisdiction, CIT / non-CIT trained, race, and years as law enforcement officers
• Get feedback from them on new feature set over 1-2 weeks (varies on features)
D. Measure Success. RideAlong will track app data to measure the application's success, and identify areas for
further development. This will initially cover the Phase One launch, then include Phase Two.
E. Conclusion for Phase Two: Long -Term Code Stabilization
• Jointly establish a plan to address issues during immediate launch and needs
• Identify key documentation
• Complete all Blocker and Critical Bug Fixes
6. PHASE THREE (2 YEARS, STARTING FROM 12 MONTHS AFTER CONTRACT IS SIGNED)
6.1 Maintenance and Support. RideAlong will provide support for bugs in the application.
RideAlong and Kitsap IS will work using the established process for reviewing and deploying any
bug fixes and feature enhancements, fixing any technical (Kitsap IS and RideAlong) and content
(Agency Content Managers) bugs as they come up.
7. ROLES AND RESPONSIBILITIES
County Stakeholders (Kitsap IS, Customer, Permitted Agencies, Agency Content Managers) and RideAlong
'Categories
(i) Roles
Sheriff's Office
0 Secure project funding
Project Sponsor;
• Monitor project progress for individual business areas as well as enterprise -wide work
Kitsap Undersheriff
• Provide guidance and strategic direction
John Gese
• Ensure Business and Kitsap IS resources are available
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Page 29 of 128
Back to Agenda
RideAlong 04/03/201 8
Categories
(i) Roles
•
Resolve escalated issues
•
Approve on -going operational support
•
Approve project expenditures
•
Approve all business deliverables
RideAlong, Project
•
Oversee project progress through all stages
Manager;
•
Ensure that the application meets requirement for launch (functionality, security,
Katherine Nammacher
privacy, etc.)
and Meredith Hitchcock
•
Conduct user research for new feature sets
•
Work with Agency Content Managers and Kitsap IS to meet needs around application
maintenance and changes
•
Assess and prioritize features, bug fixes, and technical changes for product throughout
all stages
•
Provide subject matter expertise on designing and building software for law
enforcement focused on crisis intervention
•
Identify new potential feature sets and areas of collaboration between the Customer
and RideAlong
•
Act as primary points of contact for RideAlong
Sheriffs Office,
•
Maintain and develop project documentation
Project Manager;
•
Monitor progress of project, generate status reports, and ensure project deliverables are
Lt. Penelope Sapp, Sgt.
produced
Will Sapp, and Lt. Earl
•
Coordinate and manage project resources
Smith
•
Identify, record, and escalate project issues
•
Ensure completion and sign -off of project deliverables
•
Facilitate risk management, change management, and the approval of project processes
•
Plan and facilitate meetings for project
•
Manage project scope and submit change requests
Sheriffs Office,
•
Support and develop workflows, business and functional requirements
Business Subject
•
Ensure the solution is aligned with requirements
Matter Expert(s)
•
Lead/facilitate project communication with end -users and vendors related to business
Lt. Penelope Sapp, Sgt.
requirements
Will Sapp, and Lt. Earl
•
Participate in resolution of business and technical issues
Smith
•
Provide guidance on business processes to support best practices within RideAlong
Kitsap IS Project
•
Ensure that application matches requirements and functionality required by Permitted
Manager
Agencies
Peter Milovich
•
Help identify and problem -solve for application issues
•
Connect RideAlong team with appropriate application resources
RideAlong, Technical
•
Lead development effort
Lead/Developer
•
Manage development of technical documentation
Georgia Andrews
•
Coordinate RideAlong environments and development code movement through
environments
•
Coordinate work with Kitsap IS
•
Manage Dress Rehearsal for Go -Live
•
Create Implementation Plan for Go -Live
•
Execute and lead deployment to Production
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RideAlong 04/03/2018
EXHIBIT C
PERMITTED AGENCIES
1. Bremerton Police Department
2. Poulsbo Police Department
3. Bainbridge Island Police Department
4. Suquamish Police Department
5. Port Orchard Police Department
6. Port Gamble S'Kallam Police Department
sf-3835476 20
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:
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 Tribe 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.
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Back to Agenda
14. IMPLIED CONTRACT TERMS. Each provision of law and any terms required bylaw 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:
GARY SIMPSON,
Kitsap County Sheriff
APPROVED:
APPROVED AS TO FORM:
TINA R. ROBINSON
Kitsap County Prosecuting Attorney
KITSAP COUNTY BOARD OF COMMISSIONERS
PORT ORCHARD, WASHINGTON
ROBERT GELDER, Chair
EDWARD E. WOLFE, Commissioner
CHARLOTTE GARRIDO, Commissioner
ATTEST
DANA DANIELS, Clerk of the Board
Dated:
Dated:
Dated:
Page 38 of 128
Approved and executed this day of , 2018
CITY OF PORT ORCHARD
APPROVED:
GEOFFREY C. MARTI
Chief of Police
Dated:
APPROVED AS TO FORM:
SHARON CATES, City Attorney
APPROVED:
ROBERT PUTAANSUU
Mayor
Dated:
ATTEST:
BRANDY RINEARSON, City Clerk
Page 39 of 128
Approved and executed this day of , 2018
CITY OF POULSBO
, Chief of Police
BECKY ERICKSON, Mayor
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:
JIM BURCHETT
Chief of Police
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
APPROVED:
GREG WHEELER
Mayor
ATTEST:
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
Title:
Page 43 of 128
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Approved and executed this day of , 2018
PORT GAMBLE S'KALLAM TRIBE
C
Title:
Page 44 of 128
ATTACHMENT A
KITSAP COUNTY RIDEALONG SERVICES AGREEMENT
Page 45 of 128
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AMENDMENT NO. I
TO p`°p
KITSAP COUNTY SHERIFF'S OFFICE - RIDEALONG SERVICES AGREEMI
This Amendment No. 1 ("Amendment") is effective as of 17 July, 2018 ("Amendment
Effective Date") and amends that certain Kitsap County Sheriff's Office — RideAlong Services
Agreement (the "Agreement"), dated as of April 15, 2018, by and between RideAlong Labs Inc.
("RideAlong") and the Kitsap County Sheriff's Office. Except as expressly set forth herein, all
capitalized terms shall have the meaning given to them in the Agreement.
Notwithstanding anything to the contrary contained in the Agreement, and in consideration of the
mutual promises and covenants set forth in the Agreement and this Amendment, the receipt and
sufficiency of which are hereby acknowledged, and pursuant to Section 10.10 of the Agreement,
the parties agree to the terms and conditions set forth in this Amendment:
1. Insurance. The following shall be added as a new Section 3.6 of the Agreement:
"Insurance. During the term of the Agreement, RideAlong will obtain and maintain the
following minimum insurance coverage:
(a) General Liability insurance with a limit for each occurrence of One
Million Dollars (US$1,000,000);
(b) Workers Compensation insurance pursuant to applicable state and local
laws exercising jurisdiction over the employee;
(c) Employer's Liability insurance with limits of One Million Dollars
(US$1,000,000) per occurrence, One Million Dollars (US$1,000,000) per
employee by disease, and One Million Dollars (US$1,000,000) aggregate
by disease;
(d) Errors & Omissions/Cyber insurance with a limit of One Million Dollars
(US$1,000,000) in the aggregate; and
(e) if the use of automobiles is required, Automobile Liability insurance
(including insurance for hired and non -owned a) with combined single
limits for each occurrence of One Million Dollars (US$1,000,000).
RideAlong's purchase of insurance will not in any way amend, extend, alter or increase
RideAlong's liability under the Agreement."
2. The amendments and modifications set forth in this Amendment are effective from and
after the Amendment Effective Date. Except as specifically amended by this
Amendment, all provisions of the Agreement will remain unchanged and in full force and
effect. To the extent there is any conflict between the terms and conditions of this
Amendment and the terms and conditions of the Agreement, the terms and conditions of
this Amendment will control.
[Signatures on Following Page]
Page 46 of 128
RIDEALONG
KITSAP COUNTY SHERIFF'S OFFICE
,,/ It/ I rl By: By:
Name: Katherine B. Nammacher
Title: CEO & Co -Founder
Name: Gary Simpson
Title: Kitsap County Sheriff
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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
Subject: Bethel Road and Sedgwick Road
Corridor Plan
Back to Agenda
Meeting Date: September 25, 2018
Prepared by: Nicholas Bond, AICP
Atty Routing No.:
Atty Review Date:
DCD Director
N/A
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
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Page 50 of 128
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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
gdalrymple@skfr.org
Design Considerations: Emergency
I would recommend 400' spacing for the passable areas from the context that responders will
Recommended spacing was changed to every 400-
Resolved
Fire & Rescue
Response (pg. 44)
never be more than 200' from a passable place. That distance also allows us the opportunity to see
feet. Text edit made.
an event and pass over to the other side early if prudent.
8/27/2018
Kevin Futrell
Kitsap Transit
kevinfl@kitsaptransit.com
Design Considerations: Bicycles at
We went through the Bethel Sedgwick Corridor Plan and I believe the only issue we had was with
Needs further discussion to come to a final
Review with City
Bus Stops (pg. 41-41 and Fig. 13)
bus stop Type B. I've drawn up an alternative (attached) that I think might work. Our buses
decision.
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.
9/6/2018
Brittany Gerber
Community Me
bgerber114@gmail.com
Preferred Alternative: Sedgwick
I live off of Sedgwick and I don't think the plan for all the roundabouts is effective. It will only cause
Roundabouts generally process traffic more
Review with City
Road (pg. 24)
more problems with the mess the construction will cause, confusion of the use of the roundabouts,
efficiently than signals and reduce vehicle delay.
and time. A solution to the problem right now is to coordinate the stop lights especially coming off
Construction of roundabouts on Sedgwick Road
the highway from Bremerton. If people are able to make it through that light then the following
would occur long after the Tremon project is
light at the same time it will flow better going up the hill. Sometimes the lights are not synced or
complete. Traffic conditions will be evaluated
not green for a long enough period. Some people will not know how to maneuver through the
again prior to any Sedgwick Road project. No edits
roundabouts and with the traffic continuing flowing it will be hard to get into them. The Tremont
made.
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
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Planning Context: WSDOT SR 16
First sentence should read "... to address congestion issues along the highway and at interchanges
Text edit made.
Resolved
Congested Corridor Study (pg. 5)
between..."
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
Makes graphic too difficult to read and we are not
Review with City
controls are appropriate.
proposing intersection control as a result of safety
data. No edits made.
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
Makes graphic too difficult to read and provides
Resolved
percentages.
redundant data. No edits made.
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
Resolved
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."
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
As stated, the travel demand model was based on
Review with City
County's demand model?
the City's demand model. Further information is
available in Appendix B. Made need clarification
from TSI.
Page 51 of 128
1 of
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
So was a warrant analysis conducted? Should be included in report as an appendix.
This discussion is hypothetical. No edits made.
Review with City
Analysis, Intersection Control (pg.
However, a warrant analysis at Salmonberry Road
19)
is referenced on pg. 29. We can consider including
the analysis as a part of Appendix E.
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Conceptual Design: Alternatives
City to do landscaping?
Landscaping maintenance is referenced in Design
Resolved
Analysis, Intersection Control (pg.
Considerations chapter under Landscaping (pg.
21)
47). No edits made.
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Conceptual Design: Alternatives
Final sentence should read "...left -turning vehicles may spill back into the through lane and cause
Text edit made.
Resolved
Analysis, Access Management (pg.
congestion or a conflict point."
21)
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Conceptual Design: Alternatives
This "Access Management" section is written as hypothetical. What is the project proposing? Are
These sections are meant to introduce the
Resolved
Analysis, Access Management (pg.
we modifying accesses? State this more clearly.
alternatives. Proposal is discussed in the following
21)
section, Preferred Alternative. No edits made.
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Conceptual Design (pg. 26, Fig. 5)
1 am supportive of the proposed intersection control. Intersection Control Analyses on SR 160 will
The need for an ICA is referenced in Design
Resolved
have to be done in the future.
Considerations chapter under State Facilities (pg.
47). No edits made.
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Project Phasing: Sensitivity Analysis
According to Jim Norton or Traffic, this should be "Sidra, Version 8"
Sidra, Version 7 was used. Text edit made.
Resolved
(pg. 29)
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Design Considerations: Adjacent
First sentence should read "... will improve the efficiency of both corridors."
Text edit made.
Resolved
Street Connections, Introduction
(pg. 44)
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Design Considerations: Adjacent
Second sentence should read "These access points currently allow full access (aod-eF -•-) which
Text edit made.
Resolved
Street Connections, Vallair Court
creates..."
Connector (pg. 44)
9/11/2018
Dennis Engel
WSDOT
engeld@wsdot.wa.gov
Design Considerations: Landscaping
On the State Route, landscaping would require an agreement that the City would maintain the
Added the following sentence to the second
Resolved
(pg. 47)
landscaping.
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."
Page 52 of 128
2 of
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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
Subject: Adoption of a Resolution Repealing
Resolution No. 030-17 and Establishing
Fee Schedules for the Departments of
Community Development and Public
Works
Meeting Date: September 25, 2018
Prepared by: Nicholas Bond, AICP
Atty Routing No.:
Atty Review Date:
DCD Director
N/A
N/A
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
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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
Back to Agenda
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.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 55 of 128
Back to Agenda
Exhibit A to Resolution 020-17xxx-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 additienalinspections, 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 51 of 128
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• 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
$-2-636.00
$2-636.00 for the first $500 plus $34.00 for each additional
$501 to $2,000
$100, or fraction thereof, to and including $2,000
$6996.00 for the first $2,000 plus $3417.00 for each
additional $1,000, or fraction thereof, to and including
$2,001 to $4925.000
$4025,000
$487.00 for the first $25,000 plus $12.00 for each additional
$1,000, or fraction thereof, to and including $25,000
$25,001 to $50,000
$48-7787.00 for the first $4050,000 plus $9.00 for each
additional $1,000, or fraction thereof, to and including
$4050,001 to $100,000
$100,000
$4-,02L71,237.00 for the first $100,000 plus $7.59-00 for each
additional $1000, or fraction thereof, to and including
$100,001 to $500,000
$500,000
$3-,P-74,037.00 for the first $500,000 plus $156.00 for each
additional $1,000, or fraction thereof, to and including
$500,001 to $1,000,000
$1,000,000
Page 5� of 128
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$6 27:7 nn f.,r +h., firS+ $11 nnn nnn P I Y S $3 nn f.,r .,aCh
additional $ . nnn. " F Faction theFee f to and
�� CC nnnnnn nnnnnn
$ 77,037.00TGA for the first $-51 000,000 plus $-15.00 for
$§1,000,001 and up 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:
Unit of
Building Permit Code
Amount
Measure
Per Linear
Shoreline bulkhead walls
$118
Foot
Demolition
$65
Each
Per Linear
Fences over 6 feet in height
$11.74
Foot
Per Linear
Retaining walls
$19.67
Foot
Re -inspection
$65
Each
Apply
Construction
Construction
value
Value to
(contract or
Fire Alarm, new or alterations to existing
Table 1
materials x 2)
Construction
Apply
value
Construction
(contract
Value to
rp ice or
Fire Sprinkler, new or alterations to existing
Table 1
materials x 2)
Construction
Apply
value
Construction
(contract
Value to
rp ice or
Fire Suppression System
Table 1
materials x 2)
Page 53 of 128
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Construction
Apply
value
Construction
(contract
Value to
rp ice or
Tank: Underground or Above Ground, Installation or Removal
Table 1
materials x 2)
Temporary Tent & Membrane Structures
$65
Each
Pyrotechnics Special Effects
$65
Each
Apply
Calculate
Construction
construction
Value to
value at $90
Roof: Hot Mop/Cold Mop (flat roof)
Table 1$WA
ear 100 SQ FT
Apply
Calculate
Construction
construction
Value to
value at $70
Roof: Composition, Metal
Table 1$--AA
ear 100 SQ FT
Apply
Calculate
Construction
construction
Value to
value at $140
egr 100 SQ FT
Roof: Wood Shake
Table 1$440
Apply
Calculate
Construction
construction
Value to
value at $140
ear 100 SQ FT
Roof: Concrete, Tile, Slate
Table 1$440
Apply
Re�Calculate
Construction
construction
Value to
value at $90
Roof: Torch Down
Table 1$WW
ear 100 SQ FT
Construction
Apply
value
Construction
(contract
Value to
pLicLor
Residential Misc.
Table 1
materials x 2)
Construction
Apply
value
Construction
(contract
Value to
pLicLor
Commercial Tenant Improvement and Misc.
Table 1
materials x 2)
Tenant Certificate of Occupancy for new business-ep4y; All other C of O
included in building permit fee.
$65
Each
Revised Certificate of Occupancy for business name or ownership change,
50
Each
or property ownership change.
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
50% of
Expired Permit Renewal Reactivation, no plan changes
original fee
Each
Posted Stop Work
$65
occurrence
Page 54 of 128
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Apply
Construction
Construction
value
Value to
(contract or
Sign (when a building permit is required)
Table 1
materials x 2)
Carport or Canopy, pre-fab kit installation
$100
Each
$7%pply
Calculate
Construction
construction
Value to
value at $70
Siding or Re -siding
Table 1
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
Construction
Apply
value
Construction
(contract
Value to
price or
Windows or Doors
Table 1
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 65 of 128
Tub and/or Shower
$9.80
Each
Water Heater
$9.80
Each
Water Pipe Repair and/or Alteration
Other
Exterior underground water line, repair or replace
$9.80
$9.80
50.00
50.00
Each
Each
Each
Each
Exterior underground sewer line, repair or replace
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
Other
Exterior underground water line, repair or replace
$7.00
$7.00
$50.00
50.00
Each
Each
Each
Each
Exterior underground sewer line, repair or replace
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 66 of 128
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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
1 Each
Unit Heater Suspended or Floor Mount
$14.80
Each
Gas Water Heater Vent & Combustion Air
Propane tank over 2000 gallons
$10.65
Each
$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
Generator
$10.65
10.65
Each
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-p atie+R, Preliminary
$1,100
Short Subdivision - SWl9 ...;SS;^~ ^f Final S"^~*
Subdiv;sien f„r e, ., a ., and Approval, Final
$600
Short Subdivision, Preliminary Amendment or
Alteration
$500
P*nal 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.'� 19020.34.200
$500 plus associated Preliminary Subdivision
Plat Fee
Page 67 of 128
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Minor Revismens Modifications to a
Preliminary Plat
$500
Major Modifications to a Preliminary Plat, 5-
$2,000 plus Hearing Examiner fees
20 lots
Major Modifications to a Preliminary Plat,
$2,000 + $50 per lot plus Hearing Examiner fees
21+ lots
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
niteratie., Cinal Plat-
Vaea+ien
$2,099 plus Hearing r.,-,.,,4e�500
.;;nd of and
Final Binding Site Plan, Alterations or
Vacation
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 68 of 128
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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
$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 Interpretation (POMC
administrative application shall be paid by
23.40.030)
the applicant prior to issuance of a decision
$150 (100% is credited to a land use
Pre -Application Meeting
application if filed within 12 months)
$1,000 Deposit, which will be applied to the
city's costs including city attorney fees
regardless of whether a development
Development Agreements
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
$1,500.00
Zoning Verification Letter
75
* Any appeal statement must be filed on the deadline established in the City's code relating to the
specific appeal, together with a certified check in the amount of the appeal fee (which shall include the
fee set forth in the fee Resolution, plus the hearing examiner's fees charged to the City on the appeal),
which appeal fee shall be returned to the appellant if the decision of the City is not sustained by the
hearing examiner. If the hearing examiner sustains the decision, the appeal fee will be applied to any
Page 6$ of 128
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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 1S:
Public Works Department Permits and Fees
Public Works Cost
I Note
Page Hof 128
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No more than one
minor LDAP may be
issued for the same
Minor Land Disturbing Activity Review and
property (parcel
Permit (disturbances of less than 1,000
and/or address) in any
square feet)
$50
365 day period.
(Paid at the time of
$100 for the first acre of
application submittal —
disturbance + $25 for each
covers Land Disturbing
additional acre of
Activity plan review
Disturbance above 1 acre.
costs). Acres of
Area to be rounded up to
disturbance should be
the next higher acre. $100
Land Disturbing Activity Permit Plan
rounded to the nearest
Review
minimum fee.
acre.
$100 for the first acre of
disturbance + $50 for each
(Paid at time of permit
additional acre of
issuance —covers Land
Disturbance above 1 acre.
Disturbing inspection
Area to be rounded up to
costs). Acres of
the next higher acre. $100
disturbance rounded to
Land Disturbing Activity Permit
minimum fee.
the nearest acre.
$100 for the first 3,000
square feet of new and
replaced hard surface to be
(Paid at the time of
constructed + $25 for each
application submittal —
additional 3,000 square feet
covers hard surface
or fraction thereof of hard
and stormwater
surface to be constructed.
improvement plan
Stormwater Drainage Permit Plan Review
$100 minimum fee.
review costs).
$100 for the first 3,000
square feet of new and
replaced hard surface to be
Stormwater Drainage
constructed + $50 for each
Permit (Paid at time of
additional 3,000 square feet
permit issuance —
or fraction thereof of hard
covers hard surface
surface to be constructed.
and stormwater
Stormwater Drainage Permit
$100 minimum fee.
inspection costs)
Street Use Permit Application Fee
$50
Street Signs (provided by the city)
Actual Cost +25%
Plan Revision Review to Approved Permit
Per hour of required
Drawings
$100
plan review.
The applicant shall pay
the actual fee,
including city attorney
costs, for preparing the
Latecomer Agreement Review Fee
$500 Deposit
latecomer agreement
ROW Permit,— (Includes the first 100 Linear
Feet of excavation / trenching)
$50
Page U& 128
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ROW excavation / trenching emit, for
every 300 Linear Feet or portion thereof
theFeafter the first 100 Lin. Ft.
$10
Violator must obtain
the required permit
and pay twice the
Work without a Permit - Penalty
Permit fee is doubled
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.'so 70 11a
920.182.110(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
B
C
Application Fee (also
Review Performed by
Review Performed by
the total review fee for
Consultant —
Consultant —
applications reviewed
Application submitted
Application submitted
in house by the City)
after a scope and fee
prior to obtaining
has been obtained
scope and fee (Deposit)
Transportation
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
provided by the City's
be paid by the
Consultant.
applicant
Water
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
Page d72of 128
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provided by the City's
Consultant.
be paid by the
applicant
Sewer
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
provided by the City's
be paid by the
Consultant.
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 protects with a
75
construction value under $6,000
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 d83of 128
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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 Hof 128
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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 Hof 128
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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
ROO-
mn
I M111 IN WE
..
Group (2015 International Building Code)
IA
IB
IIA
1113
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
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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
1-1 Institutional, supervised environment
191.30
184.81
179.46
171.90
158.36
154.06
171.99
141.86
137.45
1-2 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
1-3 Institutional, restrained
218.28
211.30
205.55
196.81
183.43
176.62
190.27
164.50
156.55
1-4 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
Private Garages use Utility, miscellaneous
Unfinished basements (all use group) = $15.00 per sq. ft.
For shell only buildings deduct 20 percent
N.P. = not permitted
Page 127of 128
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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:
1. Resolution No. 007-17 is hereby repealed in its entirety.
2. 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".
3. The City Council authorizes the refund of any $400 Tent and Membrane Structure
permit fees paid between December 1, 2016 and May 23, 2017.
4. Fees not listed in Exhibit "A" will be determined by the City Council.
5. The fees listed in Exhibit "A" shall take effect on May 26, 2017.
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.
ATTEST:
_ s
Brandsi inearson, City Clerk
Robert Putaansuu, Mayor
Page 73 of 128
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Resc.--.-.. _, --- _
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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 31 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 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
Page 74 of 128
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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.
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 include the fair market value of any donated,
contributed or found labor and/or materials.
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
$26.00
$26.00 for the first $500 plus $3.00 for each additional $100,
$501 to $2,000
or fraction thereof, to and including $2,000
$69.00 for the first $2,000 plus $11.00 for each additional
$2,001 to $40,000
$1,000, or fraction thereof, to and including $40,000
$487.00 for the first $40,000 plus $9.00 for each additional
$40,001 to $100,000
$1,000, or fraction thereof, to and including $100,000
$1,027.00 for the first $100,000 plus $7.50 for each
additional $1000, or fraction thereof, to and including
$100,001 to $500,000
$500,000
$3,827.00 for the first $500,000 plus $5.00 for each
additional $1,000, or fraction thereof, to and including
$500,001 to $1,000,000
$1,000,000
Page 75 of 128
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$6,327.00 for the first $1,000,000 plus $3.00 for each
additional $1,000, or fraction thereof, to and including
$1,000,001 to $5,000,000
$5,000,000
$18,327.00 for the first $5,000,000 plus $1.00 for each
$5,000,001 and up
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:
Unit of
Building Permit Code
Amount
Measure
Per Linear
Shoreline bulkhead walls
$118
Foot
Demolition
$65
Each
Per Linear
Fences over 6 feet in height
$11.74
Foot
Per Linear
Retaining walls
$19.67
Foot
Re -inspection
$65
Each
Apply
Construction
Construction
value
Value to
(contract or
Fire Alarm, new or alterations to existing
Table 1
materials x 2)
Apply
Construction
Construction
value
Value to
(contract or
Fire Sprinkler, new or alterations to existing
Table 1
materials x 2)
Page 76 of 128
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Resc.-,.-.....,. --- _.
Page 5 of 16
Apply
Construction
Construction
value
Value to
(contract or
Fire Suppression System
Table 1
materials x 2)
Apply
Construction
Construction
value
Value to
(contract or
Tank: Underground or Above Ground, Installation or Removal
Table 1
materials x 2)
Temporary Tent & Membrane Structures
$65
Each
Pyrotechnics Special Effects
$65
Each
Roof: Hot Mop/Cold Mop (flat roof)
$90
Per 100 SQ FT
Roof: Composition, Metal
$70
Per 100 SQ FT
Roof: Wood Shake
$140
Per 100 SQ FT
Roof: Concrete, Tile, Slate
$140
Per 100 SQ FT
Roof: Torch Down
$90
Per 100 SQ FT
Apply
Construction
Construction
value
Value to
(contract or
Residential Misc.
Table 1
materials x 2)
Apply
Construction
Construction
value
Value to
(contract or
Commercial Tenant Improvement and Misc.
Table 1
materials x 2)
Certificate of Occupancy for new business only; All other C of 0 included in
building permit fee.
$65
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
50% of
Permit Renewal
original fee
Each
Posted Stop Work
$65
occurrence
Apply
Construction
Construction
value
Value to
(contract or
Sign (when a building permit is required)
Table 1
materials x 2)
Carport or Canopy, pre-fab kit installation
$100
Each
Siding or Re -siding
$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
Apply
Construction
Construction
value
Value to
(contract or
Windows or Doors
Table 1
materials x 2)
Page 77 of 128
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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 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 not specifically listed
$9.80
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
Tub and/or Shower
$9.80
Each
Water Heater
$9.80
Each
Water Pipe Repair and/or Alteration
$9.80
Each
Page 78 of 128
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Page 7 of 16
TABLES:
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
Misc. plumbing fixtures not specifically listed
$7.00
Each
Sink (Lavatory, Kitchen, Mop)
$7.00
Each
Tub and/or shower
$7.00
Each
Toilet, Bidet or Urinal
$7.00
Each
Water Heater
$7.00
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 Gaspipe / Water Heater / Furnace
$35.45
Each
Fuel System Outlets in excess of the first 4
$2.00
Each
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
Page 79 of 128
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Res,.,.,—.. �,.„ - ,
Page 8 of 16
Gas Water Heater Vent & Combustion Air
$10.65
Each
Propane tank over 2000 gallons
10.65
1 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
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
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 POW Title 26
Short Subdivision Application
$1,100
Short Subdivision - Submission of Final Short
Subdivision for Review and Approval
$600
Short Subdivision Amendment
$500
Final Short Subdivision 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 16.13.190
$500 plus associated Preliminary Subdivision
Plat Fee
Minor Revisions to a Preliminary Plat
$500
Boundary Line Adjustment
$200
Final Plat
$1,000 + 50 Per Lot
Preliminary Binding Site Plan
$1,100
Binding Site Plan Alteration
$500
Page 80 of 128
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Final Binding Site Plan $600
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
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
TABLE 11:
Land Use Permits
Administrative Conditional Use Permit
$600
Conditional Use Permit
_
$1,275 plus 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
Rezone (without Comp Plan Amendment)
$1,275plus Hearing Examiner fee
Page 81 of 128
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Page 10 of 16
See Fee Policy in Critical Areas Code
(currently 18.14.020) (to be renumbered
Critical Areas Code Special Reports Review
20.162 Article 8 Section 040).
Critical Areas Code Reasonable Use or Public
Agency Exception
$1,275 plus hearing examiner fee
Critical Area Exemption
$150
Critical Areas Variance
$1,275 plus hearing examiner fee.
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 Interpretation (POMC
administrative application shall be paid by
23.40.030)
the applicant prior to issuance of a decision
$150 (100% is credited to a land use
Pre -Application Meeting
application if filed within 12 months)
$1,000 Deposit, which will be applied to the
city's costs including city attorney fees
regardless of whether a development
Development Agreements
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
* 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
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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
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%
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 Land Disturbing Activity Review and
minor LDAP may be
Permit (disturbances of less than 1,000
issued for the same
square feet)
$50
property (parcel
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Page 12 of 16
and/or address) in any
365 day period.
(Paid at the time of
application submittal —
covers Land Disturbing
$100 for the first acre of
Activity plan review
disturbance + $25 for each
costs). Acres of
additional acre of
disturbance should be
Land Disturbing Activity Permit Plan
Disturbance above 1 acre.
rounded to the nearest
Review
$100 minimum fee.
acre.
(Paid at time of permit
issuance — covers Land
$100 for the first acre of
Disturbing Activity
disturbance + $50 for each
inspection costs). Acres
additional acre of
of disturbance should
Disturbance above 1 acre.
be rounded to the
Land Disturbing Activity Permit
$100 minimum fee.
nearest acre.
$100 for the first 3,000
square feet of hard surface
(Paid at the time of
to be constructed + $25 for
application submittal —
each additional 3,000
covers hard surface
square feet of hard surface
and stormwater
to be constructed. $100
improvement plan
Stormwater Drainage Permit Plan Review
minimum fee.
review costs).
$100 for the first 3,000
Stormwater Drainage
square feet of hard surface
Permit (Paid at time of
to be constructed + $50 for
permit issuance —
each additional 3,000
covers hard surface
square feet of hard surface
and stormwater
to be constructed. $100
improvement
Stormwater Drainage Permit
minimum fee.
inspection costs)
Street Use Permit Application Fee
$50
Street Signs (provided by the city)
Actual Cost +25%
Plan Revision Review to Approved Permit
Per hour of required
Drawings
$100
plan review.
The applicant shall pay
the actual fee,
including city attorney
costs, for preparing the
Latecomer Agreement Review Fee
$500 Deposit
latecomer agreement
ROW Permit, first 100 Linear Feet
$50
ROW Permit, every 300 Feet thereafter
$10
Violator must obtain
the required permit
and pay twice the
Work without a Permit - Penalty
Permit fee is doubled
normal permit fee
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Page 13 of 16
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 D)
Application for Impact Fee Deferral 1 $300
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 16.71)
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
A
B
C
Application Fee (also
Review Performed by
Review Performed by
the total review fee for
Consultant —
Consultant —
applications reviewed
Application submitted
Application submitted
in house by the City)
after a scope and fee
prior to obtaining
has been obtained
scope and fee (Deposit)
Transportation
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
provided by the City's
be paid by the
Consultant.
applicant
Water
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
provided by the City's
be paid by the
Consultant.
applicant
Page 85 of 128
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Resolution ivo. u3u-.ii
Page 14 of 16
Sewer
$150
The applicant shall pay
$1000 Deposit, the
the amount shown in
actual fee for
the scope and fee
concurrency review to
provided by the City's
be paid by the
Consultant.
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— 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
Type
Amount
Commercial Addition
$150
New Commercial Building
$400
Tenant Certificate of Occupancy
$75
New Cell Tower
$150
Commercial or Government Miscellaneous
$150
Tenant Improvement
$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
Fire Sprinkler
$400
Page 86 of 128
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ResuiULFVfI NU. wu-ii
Page 15 of 16
Fire Suppression System
$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:
Page 87 of 128
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ResL....,-, , —
Page 16 of 16
OTHER
Type
Amount
Formal Pre -Application Conference
(not credited towards a future application fee)
$150
Cabaret License
$100
Carnival License
$100
Liquor or Marijuana License
$100
Pawn Broker
$100
Street Use Permit Application fee
$50
Page 88 of 128
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City of Port Orchard
Building Permit Fee Comparison
City
Plan
Permit - Based on Valuation
Building Permit
Mixed Use
Commercial
Typical SFR -
Review
Cost for
Building -
Building
$450,000
$27,2341182
$17,000,000
$4,000,000
Valuation
Valuation
Valuation
Valuation
Port
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Orchard
Building
$1.00 to $500: $26
$40,562
$29,327
$15,327
$3,477
(existing)
Permit
Fee
$501 to $2,000: $26 for the first $500 plus $3.00 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $40,000: $69 for the first $2,000 plus $11 for each additional $1,000
$26,365
$19,062.55
$9,962.55
$2,260.05
$40,000 to $100,000: $487 for the first $40,000 plus $9 for each additional $1,000
Total: $66,927
Total: $48,389.55
Total: $25,289.55
Total: $5,737.05
$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
Poulsbo
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Building
$1.00 to $500: $36.26
$115,037.26
$71,037.26
$16,037.26
$3,687.26
Permit
Fee
$501 to $2,000: $36.26for the first $500 plus $4.00 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $25,000: $96.26 for the first $2,000 plus $17 for each additional $1,000
$47,774.22
$46,174.22
$10,424.22
$2,396.72
$25,001 to $50,000: $487.26 for the first $25,000 plus $12 for each additional $1,000
Total: $189,811.47
Total: $117,211.47
Total: $26,461.48
Total: $6,083.98
$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
Bremerton
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Building
$1.00 to $500: $35
$40,562
$30,338
$18,338
$3,488
Permit
Fee
$501 to $2,000: $35 for the first $500 plus $3.00 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $40,000: $80 for the first $2,000 plus $11 for each additional $1,000
$26,365
$19,719.70
$11,919.70
$2,267.20
$40,000 to $100,000: $498 for the first $40,000 plus $9 for each additional $1,000
Total: $66,927
Total: $50,057.70
Total: $30,257.70
Total: $5,755.20
$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
Page 89 of 128
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City
Plan
Permit - Based on Valuation
Building Permit
Mixed Use
Commercial
Typical SFR -
Review
Cost for
Building -
Building
$450,000
$27,234J82
$17,000,000
$4,000,000
Valuation
Valuation
Valuation
Valuation
Gig Harbor
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Building
$1.00 to $500: $34
$142,666
$87,666
$22,666
$4,508
Permit
Fee
$501 to $2,000: $34 for the first $500 plus $5.00 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $25,000: $96 for the first $2,000 plus $21 for each additional $1,000
$92,732.9
$56,982.90
$14,732.90
$2,930.20
$25,001 to $50,000: $535 for the first $25,000 plus $15 for each additional $1,000
Total: $235,398.90
Total: $144,648
Total: $37,398.90
Total: $7,438.20
$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
Kitsap
Included
Multiplier: multiplied by fee amount to determine permit fee
Total: $272,341
Total: $170,000
Total: $40,000
Total: $7,830
County
in Permit
.0174 - Residential projects and commercial mechanical plumbing
Fee
.01 All commercial project except tenant improvements
.024 Commercial Tenant Improvements
Olympia
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Building
$1.00 to $500: $90
$168,192
$102,962
$26,872
$4,138
Permit
Fee
$501 to $2,000: $90 for the first $500 plus $5.30 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $25,000: $168.90 for the first $2,000 plus $16.80 for each additional $1,000
$109,324
$66,925.30
$16,816.80
$2,689.70
$25,001 to $50,000: $555.30 for the first $25,000 plus $12.71 for each additional $1,000
Total: $277,516
Total: $169,887.30
Total: $43,688.80
Total: $6,827.70
$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
Page 90 of 128
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City
Plan
Review
Permit - Based on Valuation
Building Permit
Cost for
$27,234J82
Valuation
Mixed Use
Building -
$17,000,000
Valuation
Commercial
Building
$4,000,000
Valuation
Typical SFR -
$450,000
Valuation
Tumwater
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Plan
$1.00 to $500: $47
$168,192.55
$102,962.55
$25,872.55
$4,138.55
Review
$501 to $2,000: $47 for the first $500 plus $3.13 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $10,000: $94 for the first $2,000 plus $4.17 for each additional $1,000
$109,325
$66,925.66
$16,817.16
$2,690.06
$10,001 to $25,000: $176.75 for the first $2,000 plus $20 for each additional $1,000
Total: $277,517
Total: $169,888.20
Total: $42,689.71
Total: $6,828.61
$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
Port
65% of
Valuation/Fee
Building Permit:
Building Permit:
Building Permit:
Building Permit:
Orchard
Plan
$1.00 to $500: $36
$142,037
$87,037
$22,037
$3,687
Proposed
Alternative
Review
$501 to $2,000: $36 for the first $500 plus $4.00 for each additional $100.
Plan Review:
Plan Review:
Plan Review:
Plan Review:
$2,001 to $25,000: $96 for the first $2,000 plus $17 for each additional $1,000
$92,324.05
$56,574.05
$14,324.05
$2,396.72
$25,001 to $50,000: $487 for the first $25,000 plus $12 for each additional $1,000
Total: $234,361.05
Total: $143,611.05
Total: $36,361.05
Total: $6,083.72
$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
Page 91 of 128
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
�w
Agenda Staff Report
Agenda Item No.: Business Item 7B
Subject: Adoption of a Resolution Supporting the
South Kitsap School District No. 402
Levy and Bond Ballot Measures
Meeting Date: September 25, 2018
Prepared by: Brandy Rinearson, MMC
City Clerk
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
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Page 94 of 128
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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 25t" day of September 2018
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 95 of 128
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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
Subject Adoption of a Resolution Approving a Contract
With Olson Brothers Pro -Vac, LLC for
Stormwater Catch Basin & Pipe Maintenance
Back to Agenda
Meeting Date: September 25, 2018
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
N/A
N/A
Summary: On August 3111 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 14t", 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 19t", 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
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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
Back to Agenda
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
[U.T914 1112*13
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/Vectoring/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
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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.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 100 of 128
Public Agency Name: City of Port Orchard EXHIBIT A
Back to Agenda
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 Ilc
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,lnc
Integrity Solutions Mtn.
Interwest Construction Inc.
10 Environmental and Infrastructure, Inc.
IPI, Inc
Page 101 of 128
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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
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SNJ Construction, Remodel ing,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
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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
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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
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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
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and
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 251h 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
OLSON BROTHERS PRO -VAC LLC ("CONTRACTOR")
6622 1121h St E
Puyallup, WA 98373
Contact: Graham Gill Phone: 253.435.4328
for the following Project:
2018 Stormwater Catch Basin & Pipe Maintenance
The City and Contractor agree as follows:
Email: graham.gill@pro-vac.com
("PROJECT")
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
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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 15t 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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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
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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.
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
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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 60.28.01l(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the
Principal) to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or
not suit is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Performance Bond.
Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the
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
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Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by
more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any
such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
day of , 20
Principal
Signature of Authorized Official
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Surety
Signature of Authorized Official
Attorney in Fact (Attach Power of Attorney)
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and Olson Brothers Pro -Vac
Public Works Project No. 2018-020
Small Works Contract No. 073-18
UAStaff Reports\2018\20180925\7C 04 Contract Draft 2018 Catch Basin Maintenance.doc
Rev 1/29/18
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF
)ss.
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared ,
to me known to be the (check one of the following boxes):
❑ of ,the
corporation,
❑ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation,
❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he
❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated:
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
Notary Seal with Ink Stamp
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
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MLac.k to Agenda
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
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
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Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7D
Agenda Staff Report
Subject: Approval of Amended Change Order No. 3
to Contract No. 037-17 with Active
Back to Agenda
Meeting Date: September 25, 2018
Prepared by: Mark Dorsey, P.E.
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
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This Page Intentionally Left Blank
Page 124 of 128
Back to Agenda
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
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.)
Contract History
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
'OUNCIL
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
UAStaff Reports\2018\20180925\7D 02 AC Change Order#3A.doc Page 1
Page 125 of 128
Back to Agenda
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
Printed Name & Title
Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of Attest:
$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.
Mayor
City Clerk
Council Approval Date
U:\Staff Reports\2018\20180925\7D 02 AC Change Order#3A.doc Page 1
Page 126 of 128
B
Date:
ORCHARD Federal Aid:
State Contract:
216 Prospect St. Contract:
Port Orchard, WA 98366 Projects:
Change Order:
CONTRACTOR:
Active Construction Inc.
5110 River Rd. E
Tacoma, WA 98443
PROJECT:
Tremont Street Widening
SR 16 to Port Orchard Boulevard
Review
17 Doaenentafion
17 Resident Engr.
❑O Materials Appr Engr.
❑% City Project Manager
O Finance (> 10%)
RECAPITULATION
ORIGINAL CONTRACT. $ 12,779,179.17
PREVIOUS ADDITIONS: $ 787 825.65
PREVIOUS DEDUCTIONS: $ 0.00
PREVIOUS TOTAL: $ 13,567,004.82
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.
Accepted on:
By:
Acknowledged by:
The time for completion is not changed by this Change Order;
zero worldng 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 Orange Order.
Date
Active Construction Inc.
Surety
Surety Seal (if Applicable)
Approved by:
Public Works Director/City Engineer
City of Port Orchard
Date
Page 1 of 2 Logged (City of Polrt Orchard use only) l
Page127 of 128'.._9.21.20._$...I....................................1....................................1....................................
Active Construction Inc.
Tremont Street Widening
Change Order PCO 24
September 10, 2018
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.
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