HomeMy WebLinkAbout11/13/2018 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Chair: ED/Tourism/LT Committee
Staff: Development Director
Finance Committee
KRCC / PSRC TransPol / KRCC TransPol
KRCC PlanPol-alt / PRTPO
Shawn Cucciardi
Finance Committee
Land Use Committee
PSRC EDD-alt
Fred Chang
Utilities Committee
Sewer Advisory Committee (SAC)
Staff: Public Works Director
Jay Rosapepe
ED/Tourism/LT Committee
Utilities Committee
Chair: Lodging Tax Committee
Sewer Advisory Committee (SAC)
KRCC-alt / KRCC TransPol-alt
Kitsap Transit-alt
John Clauson
Chair: Finance Committee
Staff: Finance Director
Kitsap Public Health District-alt
KEDA/KADA-alt
Cindy Lucarelli
Chair: Utilities and SAC Committee
Staff: Public Works Director
Chair: Chimes and Lights Committee
Staff: City Clerk
KEDA/KADA
Scott Diener (Mayor Pro-Tempore)
Chair: Land Use Committee
Staff: Development Director
ED/Tourism/LT Committee
PSRC Growth Mgmt-a It
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Geoffrey Marti
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
City of Port Orchard Council Meeting Agenda
November 13, 2018
6:30 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
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(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Checks, Payroll, and Electronic Payments
B. Adoption of an Ordinance Amending POMC Section 9.46.050 City
Owned Docks and Piers, to Address the Continued Moorage Misuse of
the Dekalb Street Pier (Dorsey) Page 3
C. Adoption of a Resolution Declaring Certain Personal Property as Surplus
(Marti) Page 9
D. Ratification of Change Order No. 3-2018 to Contract No. 004-13 with
Pacific Air Control for HVAC System Repairs (Dorsey) Page 13
E. Approval of the October 23, 2018, Council Meeting Minutes Page 17
F. Approval of the Joint Aquatic Resources Permit Application (DARPA) for
Reauthorization of the Aauatic Lease for the Dekalb Street Pier Permit
No. 20-A12074 (Dorsey) Page 21
5. PRESENTATION
A. Fathoms O' Fun Civil War Re -Enactors Group (Sharron King)
6. PUBLIC HEARING
A. Public Hearing on the Proposed 2019-2020 Biennial Budget (Crocker)
Page 39
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving a Contract with Tierra Right of Wa
Services. Ltd. for the Continuation of Bay Street Pedestrian Pathway
Project Real Estate Professional Acquisition Services (Dorsey) Page 41
B. Approval of the October 16, 2018, Council Work Study Session Minutes
Page 91
C. Discussion: Lodging Tax Advisory Committee's Recommendation for 2019
Funding Allocation (Rinearson) Page 95
D. Discussion: Updating the "Destination Port Orchard" Video (Rinearson) Page 103
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
10. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Finance
TBD
City Hall
Economic Development and Tourism
December 10, 2018; 9:30am
City Hall
Utilities
November 19, 2018; 9:30am
City Hall
Sewer Advisory
November 14, 2018; 6:30pm
City Hall
Land Use
December 3, 2018; 9:30am
DCD*
Lodging Tax Advisory
TBD
City Hall
Festival of Chimes & Lights
November 19, 2018, 3:30pm
City Hall
Outside Agency Committees
Varies
Varies
**DCD, Department of Community Development, 720 Prospect Street, Port Orchard
CITY COUNCIL GOOD OF THE ORDER
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.citvofportorchard.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.
November 13, 2018, Meeting Agenda Page 2 of 2
Agenda Item No.
Subject
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda 413
Adoption of an Ordinance Amending POMC
Section 9.46.050, City -Owned Docks and
Piers, to Address the Continued Moorage
Misuse of the Dekalb Street Pier
Meeting Date:
Prepared by:
Back to Agenda
November 13, 2018
Mark R. Dorsey, P.E.
Public Works Director
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: In 2017, the City of Port Orchard completed the Repair, Replacement and Renovation of the
Dekalb Street Pier. During the course of the design process, in compliance with the Department of Natural
Resources (DNR) Aquatic Lands Lease requirements, the City clearly established that it did NOT intend for the
improved facility to become an overnight moorage facility and/or to operate as a marina. Unfortunately, the
improved facility continues to be an attractive nuisance for transient live -aboard boaters that do not wish to
reside within an established marina or as a depository for unwanted derelict vessels. Therefore, the City
must now amend POMC 9.46.050 Violation - Penalty (see proposed redline changes attached) to allow for
better enforcement by the Port Orchard Police Department.
Relationship to Comprehensive Plan: None.
Recommendation: Staff recommends the City Council adopt an Ordinance, thereby amending POMC
9.46.050 to address continue moorage misuse of the Dekalb Street Pier.
Motion for consideration: I move that the City Council adopt an Ordinance, thereby amending POMC
9.46.050 to address continue moorage misuse of the Dekalb Street Pier.
Fiscal Impact: None.
Alternatives: Do not adopt.
Attachments: Redline and Ordinance No. 034-18
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGULATING
ACTIVITIES ON CITY -OWNED PIERS AND DOCKS, AMENDING SECTION 9.46.050
OF THE PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard has constructed piers, docks and ramps for public
access to the water; and
WHEREAS, the purpose of these improvements is to enhance the recreational use of
Sinclair Inlet; and
WHEREAS, the recent improvements to the Dekalb Street Pier have led to the
unintended misuse of these city facilities and the City Council deems it in the best interest of
the City of Port Orchard to update the applicable regulations; and
WHEREAS, the City Council chose to codify the City -Owned Piers and Docks regulations
in order to aid the public in its ability to access and review said regulations; and
WHEREAS, the City Council last updated these regulations under Ordinance No. 003-17,
adopted on January 10, 2017; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 9.46.050 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.050 Violation — Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be issued a
civil infraction and such violations shall be punishable by a fine not exceeding $100.00.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five (5) days after publication, as required by law.
Page 5 of 104
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Ordinance No.
Page 2 of 2
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 13th day of November, 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Sharon Cates, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 6 of 104
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ORDINANCE NO. 034-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGULATING
ACTIVITIES ON CITY -OWNED PIERS AND DOCKS, AMENDING SECTION 9.46.050
OF THE PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard has constructed piers, docks and ramps for public
access to the water; and
WHEREAS, the purpose of these improvements is to enhance the recreational use of
Sinclair Inlet; and
WHEREAS, the recent improvements to the Dekalb Street Pier have led to the
unintended misuse of these city facilities and the City Council deems it in the best interest of
the City of Port Orchard to update the applicable regulations; and
WHEREAS, the City Council chose to codify the City -Owned Piers and Docks regulations
in order to aid the public in its ability to access and review said regulations; and
WHEREAS, the City Council last updated these regulations under Ordinance No. 003-17,
adopted on January 10, 2017; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 9.46.050 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.050 Violation — Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall
C n„ , r n th ,, , ,f be ,,,;it„ f a M„d rv, ,,n ,, And be n„n,sh ,d by a f; , , ;n ,n„ S„rv, issued a
civil infraction and such violations shall be punishable by a fine not exceeding $100.00.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Page 7 of 104
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Ordinance No. 034-18
Page 2 of 2
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five (5) days after publication, as required by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of November, 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Sharon Cates, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 8 of 104
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;W 4
a
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: Adoption of a Resolution Declaring Certain
Personal Property as Surplus
Meeting Date:
November 13, 2018
Prepared by:
Geoffrey C Marti
Chief of Police
Atty Routing No.:
N/A
Atty Review Date:
N/A
Summary: These vehicles have no further value to the Police Department.
1. 2006 Chevrolet Impala, WA. License 39594D, VIN# 2G1WS551169345130.
2. 2006 Chevrolet Impala, WA. License 50419D, VIN# 2G1WS581X69367378.
3. 2009 Chevrolet Impala, WA. License 50411D, VIN# 2G1WS57M791282206.
Recommendation: Surplus these vehicles and send to auction.
Relationship to Comprehensive Plan: None.
Motion for consideration: I move to adopt a resolution authorizing the City to declare these vehicles as
surplus and dispose in the best interest of the City.
Fiscal Impact: Small monetary return to the City from the sale.
Alternatives: None.
Attachments: Resolution.
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Page 10 of 104
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING
CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE
DISPOSITION THEREOF.
WHEREAS, certain personal property owned by the City of Port Orchard has become
surplus; and
WHEREAS, the City Council desires to dispose of said property in the best interest of the
City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE
FOLLOWING:
THAT: The property described below is declared as surplus. Staff is instructed to
dispose of the item in a manner that reflects the best interest of the City:
1. 2006 Chevrolet Impala, WA. License 39594D, VIN# 2G1WS551169345130.
2. 2006 Chevrolet Impala, WA. License 50419D, VIN# 2G1WS581X69367378.
3. 2009 Chevrolet Impala, WA. License 50411D, VIN# 2G1WS57M791282206.
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 13th day of November 2018.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
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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 4D
Subject: Ratification of Change Order No. 3 - 2018
To Contract No. 004-13 with Pacific Air
Meeting Date
Prepared by
Control for HVAC System Repairs Atty Routing No
Atty Review Date
November 13, 2018
Mark Dorsey, P.E.
Public Works Director
NA
NA
Summary: Pacific Air Control has identified an issue with the boilers that needs to be resolved in order
for City Hall to be properly heated. As Public Works did not want to wait until the next council meeting
to start this repair, for expediency the change order of $2,267.20 (tax included) was approved by the
Public Works Director. The change order was over 10% of the contract and budgeted amount requiring
council approval.
Recommendation: Staff recommends that the City Council ratify Change Order No. 3 - 2018 to Contract
No. C004-13 with Pacific Air Control Inc. in the amount of $2,267.20 for the HVAC repairs.
Relationship to Comprehensive Plan: None
Motion for Consideration: I move to ratify Change Order No. 3 - 2018 to Contract No. C004-13 with
Pacific Air Control Inc. in the amount of $2,267.20 for the HVAC repairs.
Fiscal Impact: $18,000 was allocated within the approved 2018 Budget (001.5.518.30.48). A budget
amendment may be required.
Alternatives: None.
Attachments: Change Order No. 3 - 2018 to Contract No. C004-13.
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Page 14 of 104
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Date:
Project:
Contract / Job #
CITY OF PORT ORCHARD
Authorization for Change Order No. 3-2018
November 13th 2018
HVAC Maintenance
C004-13 — 2018 Extension
Contractor: Pacific Air Control, Inc.
1916 220th Street SE, M#101
Bothell, WA 98021
THIS CHANGE ORDER AUTHORIZES THE REPAIRS RECOMMENDED BY SERVICE TECHNICIAN (SEE
ATTACHED PROPOSALS FROM CONTRACTOR) FOR PROPER FUNCTION OF HVAC SYSTEM.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$7,616.07
$685.45
$8,301.52
11-Dec-12
COUNCIL
Contract Amendment
$9,110.00
$819.90
$9,929.90
26-Sep-17
COUNCIL
Change Order 1 - 2018
$6,586.00
$592.74
$7,178.74
09-Jan-18
COUNCIL
Change Order 2 - 2018
$6,422.00
$462.15
$6,884.15
11-Sep-18
COUNCIL
Change Order 3 - 2018
$2,080.00
$187.20
$2,267.20
13-Nov-18
COUNCIL
Total Contract for 2018
1 $31,814.07
$2,747.44
$34,561.51
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Contractor Approval Signature
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
UAStaff Reports\2018\20181113\4D 02 Change Order 3-2018_PACIFIC AIR.doc Page 1
Page 15 of 104
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P2 pacific air control, inc.
CAir Conditioning, Heating, Controls,
Sales, Service, Installation
October 31, 2018
City of Port Orchard
Attn: Mark Dorsey & Thomas Hunter
216 Prospect Street
Port Orchard, WA 98366
Re: City of Port Orchard, City Hall
While on site performing a recent repair, our technician noted the following-
BPA s/n 3-10A serving the Entire Building
The motor starter and the overload protection on the Boiler pump have failed. We
recommend replacing these parts for proper operation on this Boiler pump.
Cost of the above: $ 2,080.00 plus tax
Once the above work has been completed, the units will be tested for proper operation.
If further repairs are necessary, we will contact you.
Thank you for the opportunity to work with you on this project. If you have any
questions regarding this report, or if you would like to schedule the above -mentioned
work, please feel free to give us a call ,
Accepted by PO# Date +
i
Cc: Ben Chadwick, Service anager
Price quoted is valid for 30 days.
Proposal # 1018052
Contractors License #PACIFAC230P8
1916 2201h Street SE, Suite M101, Bothell, WA 98021
Ph: (206) 682-6393 Fax: (206) 340-2270
t � Cathy 2fansen
Customer Service Representative
Page 16 of 104
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of October 23, 2018
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby
Present
Councilmember Chang
Present
Councilmember Clauson
Present
Councilmember Cucciardi
Present
Councilmember Diener
Present
Councilmember Lucarelli
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Present
Staff present: Finance Director Crocker, City Attorney Cates, HR Coordinator Howard, City Clerk
Rinearson, and Deputy City Clerk Floyd.
A. PLEDGE OF ALLEGIANCE
Boy Scout Webelo Troop Pack No. 4529 led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
agenda as published.
The motion carried.
3. CITIZENS COMMENTS
There were no comments.
4. CONSENT AGENDA
A. Approval of Check Nos. 75405 through 75479 totaling $272,897,77; and Bi-Weekly Payroll
including Check Nos. 148061 through 148075 totaling $393,522,82.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the
consent agenda as published.
Page 17 of 104
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Minutes of October 23, 2018
PaRe2of4
The motion carried.
5. PRESENTATION
A. SKWRF 2019 Annual Budget
Randy Screws, General Manager of West Sound Utility District introduced Marti Grabill, the new
South Kitsap Water Reclamation Facility (SKWRF) Plant Manager, and briefed Council on the 2019
SKWRF budget.
6. PUBLIC HEARING
A. Revenue Sources and Property Tax Levy Current Expense Budget for 2019-2020 and Satisfying
the Requirements of RCW 84.55.120
Mayor Putaansuu opened the public hearing at 6:41 p.m.
Finance Director Crocker provided a presentation of the City's 2019-2020 Revenue Sources
There being no more testimony, Mayor Putaansuu closed the public hearing at 6:56 p.m.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Establishing a Standardized Utility Fund Structure and Create New
Enterprise Funds
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an Ordinance
to establish a standardized enterprise fund structure and create new enterprise funds for the City.
The motion carried.
(Ordinance No. 031-18)
B. Adoption of an Ordinance Amending the 2017-2018 Biennial Budget
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an Ordinance
amending the 2017-2018 biennial Budget and increasing expenditure authority from Funds 303
Cumulative Reserve - Equipment Replacement, 402 Water -Sewer Equipment Replacement, and 422
Storm Drainage Equipment Replacement as proposed in the Ordinance.
The motion carried.
(Ordinance No. 032-18)
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Minutes of October 23, 2018
Paee 3 of 4
C. Adoption of an Ordinance Setting the Amount of Property Tax to be Levied for Year 2019
Pursuant to RCW 84.55.120
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an Ordinance
setting the 2019 property tax levy and the amount of property taxes to be raised for the budget year
of 2019.
The motion carried.
(Ordinance No. 033-18)
D. Adoption of a Resolution Adopting the 2019-2021 Legislative Agenda
MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt a Resolution,
thereby approving the 2019-2021 Legislative Agenda.
The motion carried.
(Resolution No. 048-18)
E. Approval of the October 9, 2018 Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the
minutes from October 9, 2018, Council meeting.
The motion carried. Councilmember Cucciardi abstained.
8. REPORTS OF COUNCIL COMMITTEES
Mayor Putaansuu reported the Finance Committee met with department directors last Friday
[October 1911]
Councilmember Ashby reported the Economic Development and Tourism committee is scheduled to
meet November 71n
Councilmember Lucarelli reported the Utilities committee is scheduled to meet November 19tn, but
she is waiting on confirmation from the director. The Sewer Advisory committee is scheduled to meet
January 16tn. The Festival of Chimes and Lights committee is scheduled to meet November 19tn
Councilmember Diener reported the Land Use committee is scheduled to meet November 5tn
Councilmember Rosapepe reported on the October 22" d Lodging Tax Advisory committee meeting.
The next meeting is scheduled for November 5tn
Page 19 of 104
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Minutes of October 23, 2018
Page 4 of 4
Councilmember Clauson invited Councilmembers to the November 19t" ribbon cutting for the start
of Kingston ferry service.
9. REPORT OF MAYOR
Mayor Putaansuu reported on the following:
• County's Grant Recommendation Committee appointments;
• Well No. 13 bids;
• Tremont updates;
• Social media updates; and
• Collective Bargaining session at the end of the meeting.
10. REPORT OF DEPARTMENT HEADS
HR Coordinator Howard reported we have hired a Public Works Permit Clerk; police oral boards are
scheduled for tomorrow; and the new Civil Engineer starts work on Monday.
11. CITIZENS COMMENTS
Scott Kervan, Slaughter County Brewing Company, questions the Council's support regarding
keeping parking open along Etta Turner Park, and voiced his concerns with that decision.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
The meeting adjourned at 7:27 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 20 of 104
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4F
Subject: Approval of the Joint Aquatic Resources
Back to Agenda
Meeting Date: November 13, 2018
Prepared by: Mark R. Dorsey, P.E.
Permit Application (DARPA) for
Reauthorization of the Aquatic Lease for Atty Routing No:
The Dekalb Street Pier Waterway Permit Atty Review Date
No. 20-A12074
Public Works Director
N/A
N/A
Summary: On November 5, 1984, the City of Port Orchard entered into Washington State Department
of Natural Resources ("DNR") Permit No. 20-A12074 ("Waterway Permit"), being a 30-year Interagency
Agreement for the use of State -Owned Aquatic Lands at the Dekalb Street Pier Waterway. The initial 30-
year term expired on September 30, 2014. The subsequent 5-year term, approved on June 10, 2014
(Contract No. C059-14), had an associated termination date of September 30, 2019. Therefore, in
compliance with WAC 332-30-31 (Permitted Uses) and the Terms and Conditions of the current
Waterway Permit, a Joint Aquatic Resources Permit Application (DARPA) form needs to be submitted to
the DNR prior to the issuance and subsequent City Council approval of the renewed 5-year term
Waterway Permit in 2019.
Relationship to Comprehensive Plan: Chapter 4 — Parks
Recommendation: Staff recommends that the City Council authorize the Mayor to execute the JARPA
form to commence the Re -Authorization of Dekalb Street Pier Waterway Permit No. 20-A12074 with the
DNR for a 5-year term renewal, commencing on October 1, 2019 and terminating on September 30,
2024.
Motion for Consideration: I move to authorize the Mayor to execute the JARPA form to commence the
Re -Authorization of Dekalb Street Pier Waterway Permit No. 20-A12074 with the DNR for a 5-year term
renewal, commencing on October 1, 2019 and terminating on September 30, 2024.
Fiscal Impact: Waterway Permit fees owed to the State on an annual basis will be funded within the
approved 2019-2020 Biennial Budget.
Alternatives: None.
Attachments: JARPA Form and Attachment E.
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I--------------------------------------
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US Army Corps I Date received:
WAS H I N GTO N STATE of Engineers
Seattle District I I
Joint Aquatic Resources Permit ;Agency reference#:
Application (JARPA) Form
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USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. ; Tax Parcel #(s): ;
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L--------------------------------------1
Part 1—Project Identification
1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [he
Re -Authorization of Dekalb Street Pier Waterway Permit 20-A12074
Part 2—Applicant
The person and/or organization responsible for the project. [help]
2a. Name (Last, First, Middle)
Putaansuu, Robert Bryan (Mayor)
2b. Organization (If applicable)
City of Port Orchard
2c. Mailing Address (Street or PO Box)
216 Prospect Street
2d. City, State, Zip
Port Orchard, WA 98366
2e. Phone (1)
2f. Phone (2)
2g. Fax
21h. E-mail
360.876.4407
360.731.3223
360.895.9029
rputaansuu@cityofportorchard.us
'Additional forms may be required for the following permits:
• If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of
Engineers for application information (206) 764-3495.
• Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county
government to make sure they accept the JARPA.
2To access an online JARPA form with [help] screens, go to
http://www.epermitting.wa.gov/site/alias resourcecenter/jarpa jarpa form/9984/jarpa form.asip
For other help, contact the Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help(aDoria.wa.gov.
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Part 3—Authorized Agent or Contact
Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this
application.) [help]
3a. Name (Last, First, Middle)
Dorsey, Mark Robert
3b. Organization (If applicable)
City of Port Orchard Public Works Department
3c. Mailing Address (Street or PO Box)
216 Prospect Street
3d. City, State, Zip
Port Orchard, WA 98366
3e. Phone (1)
3f. Phone (2)
3g. Fax
3h. E-mail
360.867.4991
360.535.4016
360.876.4980
mdorsey@cityofportorchard.us
Part 4—Property Owner(s)
Contact information for people or organizations owning the property(ies) where the project will occur. Consider both
upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. heel
0 Same as applicant. (Skip to Part 5.)
❑ Repair or maintenance activities on existing rights -of -way or easements. (Skip to Part 5.)
❑ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for
each additional property owner.
0 Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact
the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to
apply for the Aquatic Use Authorization.
4a. Name (Last, First, Middle)
N/A
4b. Organization (If applicable)
4c. Mailing Address (Street or PO Box)
4d. City, State, Zip
4e. Phone (1)
4f. Phone (2)
4g. Fax
4h. E-mail
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Part 5—Project Location(s)
Identifying information about the property or properties where the project will occur. [help]
❑ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA
Attachment B for each additional project location.
5a. Indicate the type of ownership of the property. (Check all that apply.) [help]
❑ Private
❑ Federal
❑x Publicly owned (state, county, city, special districts like schools, ports, etc.)
❑ Tribal
❑ Department of Natural Resources (DNR) — managed aquatic lands (Complete JARPA Attachment E)
5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help]
475 Bay Street
5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help]
Port Orchard, WA 98366
5d. County [help]
Kitsap
5e. Provide the section, township, and range for the project location. [help]
'/4 Section
Section
Township
Range
26
24N
1 E
5f. Provide the latitude and longitude of the project location. [help]
• Example: 47.03922 N lat. /-122.89142 W long. (Use decimal degrees - NAD 83)
47.540192 N lat. / 122.641442 W long.
5g. List the tax parcel number(s) for the project location. [help]
• The local county assessor's office can provide this information.
N/A (located within street end, partially within ROW and water -ward side is designated public place.
5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]
Name
Mailing Address
Tax Parcel # (if known)
Kashi 201 Williams LLC
3509 Carpenter Rd. SE
..................................................................................................................................................................
4044-001-001-0007
Olympia, WA 98503
Tiernan Properties LLC
501 Bay Street
...................................................................................................................................................
4650-004-001-0006
Port Orchard, WA 98366
DNR
1111 Washington Street, SE, PO Box 47000
.................................................................................................................................................................
State-owned Tidelands
Olympia, WA 98504
City of Port Orchard
216 Prospect Street
...................................................................................................................................................
Public ROW
Port Orchard, WA 98366
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5i. List all wetlands on or adjacent to the project location. hei
N/A
5j. List all waterbodies (other than wetlands) on or adjacent to the project location. heel
Sinclair Inlet / Puget Sound
5k. Is any part of the project area within a 100-year floodplain? hf eM
❑x Yes ❑ No ❑ Don't know
51. Briefly describe the vegetation and habitat conditions on the property. hf elp]
Site uplands include recent frontage improvements along Bay Street (curb/gutter, sidewalk, landscaping) at pier
head. Existing slope to water is rip -rap with a small patch of salt tolerant grass/rush present in the SW corner.
The beach material is course gravel/rocks, transitioning to sand and mud. There is no aquatic vegetation near
shore.
5m. Describe how the property is currently used. [help]
The Dekalb Street Pier with gangway and moorage floats are open to the public for daytime moorage only of
boats, and other water oriented uses.
5n. Describe how the adjacent properties are currently used. h(�]
Adjacent to the east — an existing private marina. Adjacent to the west — an existing commercial
property(restaurant currently closed) sold in 2016, pending mixed -use redevelopment.
5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current
condition. hLeip]
The recently renovated Dekalb Street Pier consists of a public access pier with gangway and moorage floats and
frontage improvements along Bay Street (curb/gutter, sidewalk, lighting, benches and landscaping.)
5p. Provide driving directions from the closest highway to the project location, and attach a map. h�ei l
From I-5 in Tacoma: Take SR 16 west to the Tremont Street exit, travel east on Tremont Street to Port Orchard
Boulevard and take a left at the signal. Travel north along Port Orchard Boulevard to Bay Street (SR 166.) The
Dekalb Street Pier is straight ahead of you on the water.
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Part 6—Project Description
6a. Briefly summarize the overall project. You can provide more detail in 6b. hei ]
N/A
16b. Describe the purpose of the project and why you want or need to perform it. [help]
N/A
16c. Indicate the project category. (check all that apply) [help] I
❑ Commercial ❑ Residential ❑ Institutional ❑ Transportation 0 Recreational
❑ Maintenance ❑ Environmental Enhancement N/A
6d. Indicate the major elements of your project. (check all that apply) [help]
❑ Aquaculture
❑ Bank Stabilization
❑ Boat House
❑ Boat Launch
❑ Boat Lift
❑ Bridge
❑ Bulkhead
❑ Buoy
❑ Channel Modification
0 Other: N/A
❑ Culvert
❑ Dam / Weir
❑ Dike / Levee / Jetty
❑ Ditch
0 Dock / Pier
❑ Dredging
❑ Fence
❑ Ferry Terminal
❑ Fishway
0 Float
❑ Floating Home
❑ Geotechnical Survey
❑ Land Clearing
❑ Marina / Moorage
❑ Mining
❑ Outfall Structure
❑ Piling/Dolphin
❑ Raft
❑ Retaining Wall
(upland)
❑ Road
❑ Scientific
Measurement Device
❑ Stairs
❑ Stormwater facility
❑ Swimming Pool
❑ Utility Line
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6e. Describe how you plan to construct each project element checked in 6d. Include specific construction
methods and equipment to be used. hf V
• Identify where each element will occur in relation to the nearest waterbody.
• Indicate which activities are within the 100-year floodplain.
N/A
6f. What are the anticipated start and end dates for project construction? (MonthNear) [he
• If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase
or stage.
Start Date: N/A End Date: N/A ❑ See JARPA Attachment D
6g. Fair market value of the project, including materials, labor, machine rentals, etc. hf eV
N/A
6h. Will any portion of the project receive federal funding? hem
• If yes, list each agency providing funds.
❑ Yes ❑ No ❑ Don't know
Part 7—Wetlands: Impacts and Mitigation
❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area.
(If there are none, skip to Part 8.) h[ eIp]
7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help]
❑x Not applicable
7b. Will the project impact wetlands? [help]
❑ Yes ❑ No ❑ Don't know
7c. Will the project impact wetland buffers? [heV
❑ Yes ❑ No ❑ Don't know
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7d. Has a wetland delineation report been prepared? [help]
• If Yes, submit the report, including data sheets, with the JARPA package.
❑ Yes ❑ No
7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating
System? hf eM
• If Yes, submit the wetland rating forms and figures with the JARPA package.
❑ Yes ❑ No ❑ Don't know
7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help]
• If Yes, submit the plan with the JARPA package and answer 7g.
• If No, or Not applicable, explain below why a mitigation plan should not be required.
❑ Yes ❑ No ❑ Don't know
7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was
used to design the plan. h[�el ]
N/A
7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the
impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a
similar table, you can state (below) where we can find this information in the plan. [help]
Activity (fill,
drain, excavate,
flood, etc.)
Wetland
Name'
Wetland
type and
rating
category2
Impact
area (sq.
ft. or
Acres)
Duration
of impact3
Proposed
mitigation
type4
Wetland
mitigation area
(sq. ft. or
acres)
If no official name for the wetland exists, create a unique name (such as "Wetland 1"). The name should be consistent with other project documents,
such as a wetland delineation report.
2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms
with the JARPA package.
3Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter "permanent' if applicable.
4Creation C , Re-establishment/Rehabilitation R , Enhancement E , Preservation P , Mitigation Bank/In-lieu fee B
Page number(s) for similar information in the mitigation plan, if available: N/A
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7L For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in
cubic yards that will be used, and how and where it will be placed into the wetland. h[�el ]
N/A
7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in
cubic yards you will remove, and where the material will be disposed. [help]
N/A
Part 8—Waterbodies (other than wetlands): Impacts and Mitigation
In Part 8, "waterbodies" refers to non -wetland waterbodies. (See Part 7 for information related to wetlands.) he[ ei ]
❑ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.)
8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment.
[help]
0 Not applicable
8b. Will your project impact a waterbody or the area around a waterbody? [help]
❑ Yes ❑ No
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8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non -wetland
waterbodies? [help]
• If Yes, submit the plan with the JARPA package and answer 8d.
• If No, or Not applicable, explain below why a mitigation plan should not be required.
❑ Yes ❑ No ❑ Don't know
N/A
8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was
used to design the plan.
• If you already completed 7g you do not need to restate your answer here. h[ eld
N/A
8e. Summarize impact(s) to each waterbody in the table below. h[ eM
Activity (clear,
dredge, fill, pile
drive, etc.)
Waterbody
name'
Impact
location'
Duration
of impact'
Amount of material
(cubic yards) to be
placed in or removed
from waterbody
Area (sq. ft. or
linear ft.) of
waterbody
directly affected
If no official name for the waterbody exists, create a unique name (such as "Stream 1") The name should be consistent with other documents
provided.
Z Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and
indicate whether the impact will occur within the 100-year flood plain.
3Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter "permanent" if applicable.
8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards)
you will use, and how and where it will be placed into the waterbody. h[ eld
N/A
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8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging,
type and amount of material you will remove, and where the material will be disposed. heel
N/A
Part 9—Additional Information
Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of
this section as you can. It is ok if you cannot answer a question.
9a. If you have already worked with any government agencies on this project, list them below. hf eM
Agency Name
Contact Name
Phone
Most Recent
Date of Contact
DNR
Lindie Schmidt
206.949.1740
10.15.2018
9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington
Department of Ecology's 3O3(d) List? hf eM
• If Yes, list the parameter(s) below.
• If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: https://ecology.wa.gov/Water-
Shoreli nes/W ater-guality/W ater-i mprovement/Assessment-of-state-waters-303d.
❑x Yes ❑ No
Temperature
9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? hf eM
• Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC.
17110019
9d. What Water Resource Inventory Area Number (WRIA #) is the project in? hf eM
• Go to https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-availability/Watershed-look-up to find the WRIA #.
15
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9e. Will the in -water construction work comply with the State of Washington water quality standards for
turbidity? [help]
• Go to https://ecology.wa.gov/Water-ShorelinesMater-quality/Freshwater/Surface-water-quality-standards/Criteria for the
standards.
❑ Yes ❑ No ❑x Not applicable
9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline
environment designation? hf eM
• If you don't know, contact the local planning department.
• For more information, go to: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-
planning/Shoreline-laws-rules-and-cases.
❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy x❑ Other: High Intensit
9g. What is the Washington Department of Natural Resources Water Type? [help]
• Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System.
❑x Shoreline ❑ Fish ❑ Non -Fish Perennial ❑ Non -Fish Seasonal
9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater
manual? [help]
• If No, provide the name of the manual your project is designed to meet.
❑ Yes ❑ No
Name of manual: N/A
GIL Does the project site have known contaminated sediment? hf eM
• If Yes, please describe below.
❑ Yes ❑ No
N/A
9j. If you know what the property was used for in the past, describe below. [help]
After 1980, the area was a pier/float facility. Prior to 1980, the area was an open tide flat. See Cultural
Resources Assessment prepared 2/2012 (ASM Affiliates) for more detail.
9k. Has a cultural resource (archaeological) survey been performed on the project area? hf eM
• If Yes, attach it to your JARPA package.
❑ Yes ❑ No
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91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the
project area or might be affected by the proposed work. [help]
N/A
9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and
Species List that might be affected by the proposed work. [help]
N/A
Part 10—SEPA Compliance and Permits
Use the resources and checklist below to identify the permits you are applying for.
• Online Project Questionnaire at http://apps.oria.wa.gov/opas/.
• Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help(�oria.wa.gov.
For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA.
10a. Compliance with the State Environmental Policy Act (SEPA). (check all that apply.) [help]
• For more information about SEPA, go to https://ecologV.wa.gov/regulations-permits/SEPA-environmental-review.
❑ A copy of the SEPA determination or letter of exemption is included with this application.
❑ A SEPA determination is pending with (lead agency). The expected decision date
is
❑ I am applying for a Fish Habitat Enhancement Exemption. (check the box below in 10b.) [help]
❑x This project is exempt (choose type of exemption below).
❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt?
❑ Other:
❑ SEPA is pre-empted by federal law.
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10b. Indicate the permits you are applying for. (Check all that apply.) [help]
LOCAL GOVERNMENT
Local Government Shoreline permits:
❑ Substantial Development ❑ Conditional Use ❑ Variance
❑ Shoreline Exemption Type (explain):
Other City/County permits:
❑ Floodplain Development Permit ❑ Critical Areas Ordinance
STATE GOVERNMENT
Washington Department of Fish and Wildlife:
❑ Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption —Attach Exemption Form
Washington Department of Natural Resources:
x❑ Aquatic Use Authorization
Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources.
Do not send cash.
Washington Department of Ecology:
❑ Section 401 Water Quality Certification
FEDERAL AND TRIBAL GOVERNMENT
United States Department of the Army (U.S. Army Corps of Engineers):
❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters)
United States Coast Guard:
❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non -bridge projects)
United States Environmental Protection Agency:
❑ Section 401 Water Quality Certification (discharges into waters of the U.S.) on tribal lands where tribes do
not have treatment as a state (TAS)
Tribal Permits: (Check with the tribe to see if there are other tribal permits, e.g., Tribal Environmental Protection Act, Shoreline
Permits, Hydraulic Project Permits, or other in addition to CWA Section 401 WQC)
❑ Section 401 Water Quality Certification (discharges into waters of the U.S.) where the tribe has treatment
as a state (TAS).
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Part 11—Authorizing Signatures
Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form,
project plans, photos, etc. hf eM
11 a. Applicant Signature (required) [help]
I certify that to the best of my knowledge and belief, the information provided in this application is true, complete,
and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work
only after I have received all necessary permits.
I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this
application. (initial)
By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the
permitting agencies entering the property where the project is located to inspect the project site or any work
related to the project. (initial)
Robert B. Putaansuu
Applicant Printed Name Applicant Signature Date
11 b. Authorized Agent Signature [help]
I certify that to the best of my knowledge and belief, the information provided in this application is true, complete,
and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work
only after all necessary permits have been issued.
Mark R. Dorsey, P.E.
Authorized Agent Printed Name
Authorized Agent Signature Date
11c. Property Owner Signature (if not applicant) h[ elp]
Not required if project is on existing rights -of -way or easements (provide copy of easement with JARPA).
I consent to the permitting agencies entering the property where the project is located to inspect the project site
or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the
landowner.
Robert B. Putaansuu
Property Owner Printed Name Property Owner Signature Date
18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or
entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both.
If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance (ORIA) at (800)
917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-
6341. ORIA publication number: ORIA-16-011 rev. 09/2018
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---------------------------------------
_ AGENCY USE. ONLY
Fa.
US Army Corps Date received: ❑ Town
WASHINGTON STATE ofEngineers A
seatne District ; ❑ Application Fee Received; ❑ Fee N/A
Joint Aquatic Resources Permit ❑ New Application; ❑ Renewal Application
Type/Prefix #: ; NaturE Use Code:
Application (DARPA) [help]
LM Initials & BP#:
RE Assets Finance BP#:
Attachment E . New Application Number:
Trust(s): ; County:
Aquatic Use Authorization on AQRPlate #(s):
Department of Natural Resources Gov Lot#(s):
(DNR)-managed aquatic lands [help] Tax Parcel#(s):
---------------------------------------
Complete this attachment and submit it with the completed JARPA form only if you are applying for an Aquatic
Use Authorization with DNR. Call (360) 902-1100 or visit http://www.dnr.wa.gov/programs-and-
services/aquatics/leasing-and-land-transactions for more information.
• DNR recommends you discuss your proposal with a DNR land manager before applying for
regulatory permits. Contact your regional land manager for more information on potential permit and
survey requirements. You can find your regional land manager by calling (360) 902-1100 or going to
http://www.d nr.wa.gov/programs-and-services/aquatics/aquatic-districts-and-land-managers-map.
[help]
• The applicant may not begin work on DNR-managed aquatic lands until DNR grants an Aquatic Use
Authorization.
Include a $25 non-refundable application processing fee, payable to the "Washington Department of
Natural Resources." (Contact your Land Manager to determine if and when you are required to pay this
fee.) [help]
DNR may reject the application at any time prior to issuing the applicant an Aquatic Use Authorization. h[ el ]
Use black or blue ink to enter answers in whites aces below.
1. Applicant Name (Last, First, Middle)
Putaansuu, Robert Bryan
2. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) [help]
Re -Authorization of Dekalb Street Pier Waterway Permit 20-A12074
3. Phone Number and Email
360.876.4407 rutaansuu@cityofportorchard.us
4. Which of the following applies to Applicant? Check one and, if applicable, attach the written authority — bylaws, power of
attorney, etc. [help]
❑ Corporation
❑ Limited Partnership
❑ General Partnership
❑ Limited Liability Company
Home State of Registration:
❑ Individual
❑ Marital Community (Identify spouse):
❑x Government Agency
❑ Other (Please Explain):
JARPA Attachment E IRexplWME04 Page 1 of 2
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5.
Washington UBI (Unified Business Identifier) number, if applicable: hf elpi
182-000-005
6.
Are you aware of any existing or previously expired Aquatic Use Authorizations at the project location?
❑x Yes ❑ No ❑ Don't know
If Yes, Authorization number(s): 20-A12074
7.
Do you intend to sublease the property to someone else?
❑ Yes ❑X No
If Yes, contact your Land Manager to discuss subleasing.
8.
If fill material was used previously on DNR-managed aquatic lands, describe below the type of fill material
and the purpose for using it. h[ip]
N/A
To be completed by DNR and a copy returned to the applicant.
Signature for projects on DNR-managed aquatic lands:
Applicant must obtain the signature of DNR Aquatics District Manager OR Assistant Division Manager if the
project is located on DNR-managed aquatic lands.
I, a designated representative of the Dept. of Natural Resources, am aware that the project is being proposed on
Dept. of Natural Resources -managed aquatic lands and agree that the applicant or his/her representative may
pursue the necessary regulatory permits. My signature does not authorize the use of DNR-managed aquatic
lands for this project.
Printed Name Signature Date
Dept. of Natural Resources Dept. of Natural Resources
District Manager or Assistant Division Manager District Manager or Assistant Division Manager
If you require this document in another format, contact the Governor's Office for Regulatory Innovation and
Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service.
People with a speech disability can call (877) 833-6341. ORIA Publication ORIA-16-016 rev. 10/2016
JARPA Attachment E IRe%e1S8291 BJ4 Page 2 of 2
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W
lu
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6A
Subject: Public Hearing on the Proposed 2019-2020
Biennial Budget
Meeting Date: November 13, 2018
Prepared by: Noah Crocker
Finance Director
Atty Routing No: N/A
Atty Review Date: N/A
Summary: A Public Hearing on the proposed 2019 — 2020 Biennial Budget is required on or before the first
Monday of December. The hearing allows Council to hear public input, consider public comments and make
any changes as indicated by the majority of the Council.
Citizens and community organizations are encouraged to participate by providing the Council with their
input for future infrastructure priorities, public safety enhancements, cultural and recreational
opportunities, and other public services.
Following citizen comments, the public hearing will be closed, and the Council may continue with its
deliberations concerning the 2019 — 2020 Biennial Budget. If the Council has any additional changes, these
should be conveyed to staff so that a final 2019 — 2020 Budget can be presented for adoption on November
27, 2018.
Recommendation: Staff recommends opening the public hearing.
Relationship to Comprehensive Plan: N/A
Fiscal Impact: Process culminates in the adoption of a 2019 — 2020 Biennial Budget.
Attachments: None.
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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 Approving a
Contract with Tierra Right of Wav
Meeting Date:
Prepared by:
Services, Ltd. for the Continuation of Bay Atty Routing No:
Street Pedestrian Pathway Project Real Atty Review Date
Estate Professional Acquisition Services
November 13, 2018
Mark Dorsey, P.E.
Public Works Director
N/A
N/A
Summary: In response to the 2016 Federal Single Audit, on May 4 and May 11, 2018, the City's Public
Works Department published a Request for Non-A&E Professional Services Qualifications for the
continuation of the Bay Street Pedestrian Pathway Project - Real Estate Professional Acquisition Services.
By the May 18, 2018 deadline, no Statements of Qualification (SOQ) were received. The City consulted
with WSDOT Highway/Local Programs and were advised to 1) select a firm from the WSDOT Right of Way
Consultant Roster, 2) develop a scope/budget and 3) submit a Sole Source Request to WSDOT for approval.
Having followed the prescribed procedure, the City's Public Works Department has selected Tierra Right of
Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project Real Estate
Acquisition Services in the amount not to exceed $174,877.87.
Relationship to Comprehensive Plan: Chapter 8—Transportation (Off -Street Facilities).
Recommendation: Staff recommends adoption of a Resolution, thereby approving a Contract with Tierra
Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project — Real Estate
Professional Acquisition Services in the amount not to exceed $174,877.87 and documenting the
Professional Services procurement procedures.
Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with Tierra Right of
Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project — Real Estate
Professional Acquisition Services in the amount not to exceed $174,877.87 and documenting the
Professional Services procurement procedures.
Fiscal Impact: Funding allocated within Street Capital Projects Fund No. 304.
Alternatives: N/A
Attachments: Resolution and Agreement.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO C072-18 WITH TIERRA RIGHT OF WAY
SERVICES, LTD. FOR THE CONTINUATION OF THE BAY STREET PEDESTRIAN
PATHWAY REAL ESTATE PROFESSIONAL ACQUISITION SERVICES AND
DOCUMENTING THE NON -ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, on November 12, 2013, the Port Orchard City Council authorized the Mayor
to execute Contract No. C088-13 with Universal Field Services, Inc, (UFS) for the Bay Street
Pedestrian Pathway Project - Real Estate Acquisition Services; and
WHEREAS, on September 14, 2017, as a function of the 2016 Federal Single Audit, a
Procurement Procedure Finding was received by the City and as a result, UFS Contract No.
C088-13 was terminated; and
WHEREAS, on May 4 and May 11, 2018, the City of Port Orchard Public Works
Department published a Request for Non-A&E Professional Services Qualification (RFQ) for the
continuation of the Bay Street Pedestrian Pathway Project - Real Estate Services; and
WHEREAS, by the May 18, 2018 deadline, the City's Public Works Department received
NO Statements of Qualification from qualified firms; and
WHEREAS, on May 21, 2018, the City's Public Works Department confirmed with
WSDOT Highway & Local Programs the procurement process given that no responses to the
Advertisement were received, whereby WSDOT HQ advised the City that direct contact with a
qualified firm was acceptable, but that a Sole Source Request for Consultant Services must be
made prior to hiring a firm; and
WHEREAS, on May 22, 2018, upon review of the current WSDOT Right -of -Way
Consultant Roster and solicited advice from the Kitsap County Real Estate Division, the City's
Public Works Department made contact with Tierra Right of Way Services, Ltd.; and
WHEREAS, on September 13, 2018, having met previously to walk the project alignment
and to develop a comprehensive project scope, the City received a Proposal from Tierra Right of
Way Services, Ltd.; and
WHEREAS, on September 17, 2018, having received an acceptable project scope and
budget, the City's Public Works Department submitted a Request for Sole Source Consultant
Services; and
WHEREAS, on October 18, 2018, WSDOT Highway & Local Programs approved the
Request for Sole Source Consultant Services; and
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Resolution No.
Page 2 of 2
WHEREAS, on October 25, 2018, Public Works Staff completed the Bidder Responsibility
Checklist for Tierra Right of Way Services, Ltd.; and
WHEREAS, on October 30, 2018, upon review and concurrence of the Tierra Right of
Way Services, Ltd. Scope and Budget Proposal provided, WSDOT Highway and Local Programs
approved the Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant
Agreement; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The Port Orchard City Council approves Contract 072-18 (PW2018-023) with
Tierra Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian
Pathway — Real Estate Professional Services and adopts the "Whereas" statements
contained herein, as findings in support of the City's consultant selection procurement
procedures.
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 13th day of November 2018.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
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Local agency Real Estate Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: C072-18 Does this Require DES filing? ❑ Yes 0 No
Firm/Organization Legal Name (do not use dba's):
Tierra Right of Way Services, Ltd.
Address
1575 E. River Rd., Ste 201, Tucson, AZ 85718
UBI Number
601302918
Execution Date
November 13, 2018
1099 Form Required
❑i Yes ❑ No
Project Title
Federal Aid Number
STPE-0166(008)
Federal TIN or SSN Number
86-0641058
Completion Date
December 31, 2023
Federal Participation
❑i Yes ❑ No
City of Port Orchard, Bay Street Enhancement Project (Mosquito Fleet Trail)
Description of Work
The subject project is part of the Bay Street Pedestrian Path portion of the larger Mosquito Fleet Trail Project. This phase of the
development begins at Waterfront Park and will terminate at the Annapolis Ferry Facility, located easterly of the subject. The local projec
is intended to provide for a safer mode of non -motorized transportation along Bay Street. Bay Street is a heavily travelled arterial that
currently does not support a shoulder or sidewalk.
The objective of the work is to obtain the necessary property rights and relocate any occupants following all applicable federal, state,
local and City laws, rules, regulations, policies and procedures and obtain WSDOT certification of the project. The Consultant shall
provide acquisition services using procedures specified by the City of Port Orchard (City) and in accordance with The Uniform Relocatior
Assistance and Real Property Acquisitions Policies Act of 1970, as amended (The Uniform Act), and the Washington State Department
of Transportation (WSDOT) Right of Way manual.
Right of way services for the project will be for the appraisal, acquisition, relocation, lease negotiation, encroachment clearing and finally
WSDOT Certification of a total of twenty-five (25) parcels.
❑ Yes % Q No DBE Participation Maximum Amount Payable: $174,877.87
❑ Yes % No MBE Participation
❑ Yes % ❑i No WBE Participation
❑ Yes % ❑I No SBE Participation
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number: C072-18
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THIS AGREEMENT is made and entered into as shown in the "Execution Date" on page one (1) in the heading
of this AGREEMENT, between the City of Port Orchard
hereinafter called the "AGENCY," and the name/organization referenced on page one (1) in the heading of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in the section I. "Description of Work"
section of this AGREEMENT and hereafter called the "SERVICES"; and does not have sufficient staff to meet
the required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting Services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, or attached and
incorporated and made a part hereof, the AGENCY, and the CONSULTANT mutually agree as follows:
I. Description of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A"
attached hereto and by this reference made a part of this AGREEMENT.
If, due to the CONSULTANT'S error or oversight, corrections to the SERVICES contracted for herein are
necessary, the CONSULTANT will make such corrections at no additional cost to the AGENCY and will
submit such corrections to the AGENCY within ten (10) days of receipt of the AGENCY'S request.
II. General Requirements
CONSULTANT shall, at all times, comply with all applicable federal, state and local laws, codes,
ordinances, rules, regulations, decrees, directives, guidelines, etc., (together "Laws") which may impact or
apply to the performance of SERVICES under this AGREEMENT, regardless of whether such Laws are
modified or are enacted during the term of this AGREEMENT.
III. Period of Performance
This AGREEMENT shall commence on the date executed by the AGENCY and the CONSULTANT shown in
"Execution Date" in the heading of this AGREEMENT on page one (1) and shall be completed on the date
shown in "Completion Date" in the heading of this AGREEMENT on page one (1), unless modified by a
written AGREEMENT revision extending the "Completion Date" or unless terminated sooner as provided
herein.
Upon completion or termination of this AGREEMENT, the CONSULTANT shall turn over all documents,
records and file materials to the AGENCY.
IV. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
Agreement Number: C072-18
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A. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. The accepted negotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,
this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as
memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year
end (FYE) date.
The accepted negotiated hourly rates, as shown on Exhibits "D" and "E" shall be subject to renegotiations
for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE
date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to
the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written
request is made, the initial twelve (12) month negotiated hourly rates, as shown on Exhibits "D" and "E",
will remain in effect for the next twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence
negotiations to determine the new hourly rates that will be applicable for the next twelve (12) month period.
Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the
parties. Such final written acknowledgement shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications
to aid in negotiations. If the parties cannot reach an agreement on the new hourly rates, the AGENCY may
perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual
costs. The audit findings may be used to establish the new hourly rates that will be applicable for the next
twelve (12) month period.
The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. If the
classification ranges (Actuals not to Exceed Table) are utilized, the CONSULTANT shall bill each
employee's actual classification, and actual salary plus indirect cost rate plus fixed fee within the
appropriate classification ranges.
B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The
CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and
rental car costs) in accordance with the AGENCY, Washington State Department of Transportation
(WSDOT)'s Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions
thereto. Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an
itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall
maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the AGENCY upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
Agreement Number: C072-18
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C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT
under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page
one (L) The Maximum Amount Payable does not include payment for extra work as stipulated in section
XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the
rates established in Exhibit "D," including names and classifications of all employees, and billings for all
direct non -salary expenses. To provide a means of verifying the billed salary costs for the
CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may
consist of recording the names, titles, salary rates, and present duties of those employees performing work
on the SERVICES at the time of the interview.
E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any
remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the
time of final audit all required adjustments will be made and reflected in a final payment. In the event that
such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by
the AGENCY of overpayment. Per the WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings.
F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for
inspection by representatives of the AGENCY, the State, and the United States, for a period of six (6) years
after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items
related to or bearing upon these records with the following exception: if any litigation, claim or audit arising
out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6)
year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the
records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by
the State Auditor, WSDOT's Internal Audit Office and / or at the request of the AGENCY's Project
Manager.
V. Compensation
The CONSULTANT shall be paid $174,877.87 for all SERVICES and expenses under this AGREEMENT,
provided that the total reimbursement under this AGREEMENT shall not exceed $174,877.87 . Such payment
shall include all the CONSULTANT'S expenses in the performance of this AGREEMENT unless otherwise
Agreement Number: C072-18
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specified in Section XVII "Special Provisions." The CONSULTANT'S invoice shall include: the project title,
description of the services rendered, and the dates worked.
VI. Records and Accounts
The CONSULTANT and any authorized sub -consultant, or any other person or firm, shall keep detailed records
relating to the charges made and expenses incurred for work required by this AGREEMENT.
The CONSULTANT's accounting records pertaining to this AGREEMENT shall be available for inspection by
representatives of the AGENCY, the State, and the United States, at the office of the CONSULTANT. The
CONSULTANT shall include in any sub -consultant agreement/contract or any agreement/contract with any
person or firm a provision requiring such sub -consultant, person, or firm to make its financial records available
for inspection by the AGENCY in accordance with this provision.
The accounting record referred to in the preceding paragraph shall be available for inspection during normal
business hours and shall be retained by the CONSULTANT or sub -consultant, or any other person or firm, for a
period of three (3) years following final payment from the AGENCY to the CONSULTANT with the following
exception: if any litigation, claim, or audit is started before the expiration of the three (3) year retention period,
the records shall be retained until all litigation, claim, or audit findings involving the records have been
resolved.
The CONSULTANT further agrees that any duly authorized representative of the AGENCY, the State or of the
United States, in the official conduct of its business shall have access to and the right to examine any directly
pertinent books, documents, papers, photographic negatives, and records of the CONSULTANT involving the
SERVICES provided under the terms of this AGREEMENT at any time during normal business hours during
the life of this AGREEMENT and for three (3) years after the date of the final payment under this
AGREEMENT.
An audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor,
WSDOT's Internal Audit Office and / or at the request of the AGENCY's Project Manager.
VII. Performance of Services
In the performance of the SERVICES under this AGREEMENT, the CONSULTANT shall comply with all
applicable AGENCY regulations, State and Federal laws, regulations and procedures.
1. Non -delegation
The SERVICES to be furnished under the terms of this AGREEMENT shall be performed by the
CONSULTANT and the CONSULTANT'S bona fide employees, and shall not be delegated to any other
person or firm.
2. Subcontracting
The CONSULTANT shall not hire sub -consultants or any other person or firm to provide SERVICES under
this AGREEMENT except pursuant to a revision of this AGREEMENT as authorized in Section XVIII
"Modification of Agreement." All applicable portions of this AGREEMENT shall be contained in the
subcontract between the CONSULTANT and its sub-consultant(s).
The CONSULTANT shall remove any employee from assignment to perform SERVICES under this
AGREEMENT immediately upon receipt of written request to do so from the AGENCY.
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The CONSULTANT warrants that, if it is full or partially employed by any public agency other than the
AGENCY, its acceptance of this AGREEMENT is with the consent of such agency; that the CONSULTANT
shall spend no time in the performance require in this AGREEMENT during which time the CONSULTANT
should normally be employed and paid by such agency; and that the acceptance of this AGREEMENT will not
interfere with any obligations the CONSULTANT may have to such agency.
VIII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that it
has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this AGREEMENT. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or SERVICES required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or
other persons while so engaged on any of the work or SERVICES provided to be rendered herein, shall be the
sole obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
The CONSULTANT shall comply with the Federal Fair Labor Standards Act and any other legislation affecting
its employees and the rules and regulations issued there under; and shall save the AGENCY free, clear and
harmless from all actions, claims, demands and expenses arising out of said Act and any rules and regulations
that are or may be promulgated in connection therewith.
The CONSULTANT assumes full responsibility for the payment of all payroll taxes, use, sales, income or any
other form of taxes, fees, licenses, excises, or payments required by any Federal or State legislation which are
now or which may be enacted during the term of this AGREEMENT as to all the CONSULTANT'S employees,
and as to all the duties, activities, and requirements of the CONSULTANT in the performance of this
AGREEMENT.
The CONSULTANT shall comply with the WSDOT'S Organizational Conflict of Interest Policy, WSDOT
Manual 3043, and revisions thereto http://www.wsdot.wa.gQv/Publications/Manuals/M3043.htm, and its
requirements for employees, the CONSULTANT firm and any entities created to do business with the
AGENCY.
Agreement Number: C072-18
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IX. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in
interest, agrees as follows:
1. Compliance with Laws and Regulations
The CONSULTANT shall comply with the regulations relative to nondiscrimination in Federally assisted
programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may
be amended from time to time, hereinafter referred to as the "REGULATIONS", which are herein
incorporated by reference and made a part of this AGREEMENT. The CONSULTANT shall comply with
the State Law Against Discrimination, Chapter 49.60 RCW and any REGULATIONS adopted thereto.
2. Nondiscrimination
The CONSULTANT with regard to the work performed by it during the AGREEMENT, shall not
discriminate on the grounds of age, sex, marital status, race, creed, color, national origin, or the presence of
any sensory, mental, or physical handicap unless based upon a bona fide occupational qualification, in the
selection and retention of subcontractors, including procurements of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination of prohibited by
Chapter 49.60 RCW or by section 21.5 of the REGULATIONS, including employment practices when the
AGREEMENT covers a program set forth in Appendix B of the REGULATIONS.
3. Solicitation for Sub -consultants, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each potential
sub -consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations
under this AGREEMENT and the REGULATIONS relative to nondiscrimination on the above grounds.
4. Information and Reports
The CONSULTANT shall provide all information and reports required by the REGULATIONS; or
directives issued pursuant thereto, and shall permit access to its books, records, accounts or other sources of
information, and its facilities as may be determined by the AGENCY or the Federal Highway
Administration to be pertinent to ascertain compliance with such REGULATIONS, directives or laws.
Where any information required of a CONSULTANT is in the exclusive possession of another who fails or
refused to furnish this information, the CONSULTANT shall so certify to the AGENCY, WSDOT, or the
Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance
In the event of the CONSULTANT's noncompliance with the discrimination provisions of this
AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it may determine to be
appropriate, including but not limited to (1) withholding of payments to the CONSULTANT under this
AGREEMENT until the CONSULTANT complies, and/or (2) cancellation, termination, or suspension of
this AGREEMENT in whole or in part.
6. Incorporation of Provisions
The CONSULTANT shall include the provisions of paragraphs 1 through 6 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives
issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract or
procurement as the AGENCY, WSDOT, or Federal Highway Administration may direct as a means of
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enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a
CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to
protect the interests of the AGENCY and / or WSDOT; and, in addition, the CONSULTANT may request
the United States to enter into such litigation to protect the interests of the United States.
X. Termination
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT which, when added to any payments
previously made, shall total the same percentage of the Lump Sum Amount as the work completed at the time
of termination is to the total work required for the SERVICES. In addition, the CONSULTANT shall be paid
for any authorized extra work completed.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by
the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's
failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall
be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT
would be reimbursed for actual costs in accordance with the termination for other than default clauses listed
previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the
sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale
or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the
terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or
Agreement Number: C072-18
Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 11
Revised 41412016
Page 52 of 104
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chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment
will be made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing
within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be
final and binding on the parties of this AGREEMENT; provided however, that if an action is brought
challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subjected to
judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors
will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to
institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall
be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is
located. The parties hereto agree that all questions shall be resolved by application of Washington law and that
the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the
State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of
the State of Washington, situated in the county in which the AGENCY is located.
MI. Legal Relations
The CONSULTANT, any sub -consultant, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, and regulations applicable to the work to be performed under this AGREEMENT. This
AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT'S agents, employees, sub -consultants, subcontractors or vendors, of
any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein
shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY against and hold
harmless the STATE and AGENCY from claims, demands or suits based solely upon the negligence of, or
breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers,
employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE
and / or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or
result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT'S agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is
legally liable, and (b) the STATE and / or AGENCY, their agents, officers, employees, sub -consultants,
subcontractors and or vendors, of any tier, or any other persons for whom the STATE and / or AGENCY may
be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the
CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents, employees, sub -consultants,
subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable.
This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultants,
subcontractor and vendor, of any tier.
Agreement Number: C072-18
Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 11
Revised 41412016
Page 53 of 104
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The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT'S agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of SERVICES under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and / or AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE's and / or AGENCY'S, their
agents', officers' and employees' failure to comply with specific written instructions regarding use provided to
STATE and / or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may
be legally liable.
The CONSULTANT'S professional liability to the AGENCY, including that which may arise in reference to
Section XIV "Insurance" of this AGREEMENT, shall be limited to the total amount of the AGREEMENT or
one million dollars ($1,000,000.00), whichever is greater. In no case shall the CONSULTANT'S professional
liability to third parties be limited in any way.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own
employees or its agents against the STATE and / or AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the STATE
industrial insurance law, Title 51 RCW.
XIII. Independent Contractor
The CONSULTANT shall be deemed an independent contractor for all purposes. The CONSULTANT and its
employees and any authorized sub -consultants, or any other person of firm, shall not be deemed the employees
of the AGENCY for any purpose.
XIV. Insurance
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, insurance with companies or through sources approved by the STATE Insurance Commissioner
pursuant to Title 48 RCW.
It is the CONSULTANT'S responsibility to provide evidence of continuing coverage during the overlap periods
of the policy and the AGREEMENT.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
party, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
XV. Confidentiality
The AGENCY is contracting for the CONSULTANT'S independent performance of the specified SERVICES.
Should the AGENCY employ another CONSULTANT to perform the same services, the CONSULTANT shall
not discuss or otherwise exchange information with such other CONSULTANT.
Agreement Number: C072-18
Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 11
Revised 41412016
Page 54 of 104
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The project for which the SERVICES of the CONSULTANT are required may involve litigation of claims
against or brought by the STATE and / or AGENCY. Subject to Washington's Public Records Act (RCW ch.
42.17 et. al.) all information developed by the CONSULTANT and all information made available to the
CONSULTANT and all analyses, conclusions, and/or opinions reached by the CONSULTANT shall be
confidential as between the CONSULTANT and the AGENCY. Such information shall not be revealed by the
CONSULTANT to any other person, organization, or entity without the express consent of the AGENCY. The
confidentiality of such information will survive the completion of work under this AGREEMENT and/or the
termination of this AGREEMENT.
The SERVICES to be performed under this AGREEMENT do not include SERVICES as an expert witness; in
the event of the commencement of litigation, SERVICES as an expert witness will be the subject of a separate
AGREEMENT.
XVI. Applicability of Law
This AGREEMENT shall be deemed executed in the State of Washington and the laws of the State of
Washington shall govern the interpretation and application of its provisions. Venue for any suits between the
CONSULTANT and the AGENCY arising from this AGREEMENT shall be brought and maintained in the
Superior Court of the State of Washington, situated in the county in which the AGENCY is located.
XVII. Special Provisions
XVIII. Modification of Agreement
This AGREEMENT, or any provision thereof, may be modified or amended only by express written
AGREEMENT revision properly signed by all parties.
This AGREEMENT is hereby tendered and the terms and obligations hereof shall not become binding on the
State of Washington unless and until accepted and approved hereon in writing for the AGENCY's authorized
representative.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" in the heading on page one (1) of this AGREEMENT.
d=--7�
By r�]
Title 14 -0, TI S .
Date_ lif
Title Mayor, City of Port Orchard
Date
Agreement Number: C072-18
Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 11
Revised 41412016
Page 55 of 104
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See attached 6 pages marked Exhibit A-1.
Exhibit A
Scope of Work
Project No.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit
Revised 1013012014
Page 56 of 104
Page 1 of 1
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Exhibit A-1
SCOPE OF WORK
PROJECT DESCRIPTION
The subject project is part of the Bay Street Pedestrian Path portion of the larger Mosquito Fleet Trail
Project. This phase of the development begins at Waterfront Park and will terminate at the Annapolis
Ferry Facility, located easterly of the subject. The local project is intended to provide for a safer mode
of non -motorized transportation along Bay Street. Bay Street is a heavily travelled arterial that currently
does not support a shoulder or sidewalk.
PROJECT OBJECTIVES
The objective of the work is to obtain the necessary property rights and relocate any occupants
following all applicable federal, state, local and City laws, rules, regulations, policies and procedures
and obtain WSDOT certification of the project. The Consultant shall provide acquisition services
using procedures specified by the City of Port Orchard (City) and in accordance with The Uniform
Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (The Uniform
Act), and the Washington State Department of Transportation (WSDOT) Right of Way manual.
Right of way services for the project will be for the appraisal, acquisition, relocation, lease negotiation,
encroachment clearing and finally WSDOT Certification of a total of twenty-five (25) parcels.
PROJECT KICKOFF
Tierra will meet at City offices for a project meeting with the City and WSDOT to discuss
project, lines of communication and City expectations.
RIGHT OF WAY PHASE
PROJECT MANAGEMENT
Provide project management in coordination with City staff. Monitor project budget and
schedule. Report acquisition statuses monthly and include with monthly invoice. Maintain an
electronic and physical hardcopy file for each parcel for submittal to the City upon completion.
QC of files will be performed prior to submittal to the City at completion. Preparation and
assistance of WSDOT Certification documents on behalf of the City.
KPG SURVEY
KPG will request survey CADD files, survey records, coordinate files, title reports and other
data as necessary to prepare final Right-of-way plans and legal descriptions for future
acquisitions.
• Review title reports and the current Right-of-way plans to ensure that there are no
discrepancies and that they are adequate for moving forward with the preparation of
legal descriptions for right of way and easement acquisitions. Includes an allowance
of up to 8 hours of field survey as necessary for resolving discrepancies or if additional
monuments need to be surveyed.
• Update current Right-of-way plans in accordance with WSDOT requirements.
• Prepare legal descriptions and exhibit maps for up to fourteen (14) parcels requiring
fee simple take or requiring permanent easements.
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
Page 57 of 104
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Exhibit A-1
■ Prepare legal descriptions and exhibit maps for up to ten (10) parcels requiring
temporary construction easements (TCE's).
PROJECT FUNDING ESTIMATE, APPRAISAL & ADMINISTRATIVE OFFER
SUMMARIES
Tierra will subcontract and manage the appraisal process with WSDOT approved and state
licensed appraiser, Barbro Hines of the appraisal firm, SH&H Valuation and Consulting
(SH&H). The Appraisal Sub -consultant will prepare the Project Funding Estimate (PFE),
appraisals and any administrative offer summaries (AOS's). Barb is very familiar with the
project area.
The PFE will be prepared in accordance with the City's approved Right of Way Acquisition
procedures and WSDOT's Right of Way Manual and the Local Agency Guidelines. Those tax
parcels shown in Table 1 below will be included in the PFE. As part of the PFE, individual
parcel worksheets will be prepared to estimate the amount of just compensation using
confirmed comparable sales data determined by the appraiser and information obtained from
the ROW plans. All PFE parcel worksheets will be combined into a project summary
worksheet for review by the City and Tierra.
For those parcels that qualify for AOS's, individual parcel worksheets will be created in -lieu
of appraisals. Completed AOS worksheets will be submitted to the City for written approval
establishing the amounts of just compensation to be offered each property owner.
APPRAISAL REVIEWS
It is anticipated that there will be seven appraisals. An amendment to the Scope of Work and
budget will be necessary if more than seven appraisals are required. Tierra will subcontract and
manage the appraisal review reports with WSDOT approved and state licensed appraiser, Rich
Duncan, of the appraisal firm, RF Duncan & Associates, Inc.
ENCROACHMENTS
It appears that there may be as many as four (4) property owners encroaching on the City's
right of way. Tierra will:
Step 1 — Research of Encroachment
■ Review existing City property rights where encroachment is located, including
boundaries of the City fee owned property and limits. Determine presence of any
existing permit, deed reservation or existing easement that might allow encroachment.
• Review public records, including building permits (if any) and aerial photography to
see how long encroachment has existed.
Step 2 — Identification of Encroachment & Score
■ Photograph encroachments
■ Determine score, Tierra utilizes a unique Encroachment Scoring Module to
recommend priority
o Tier 1 — encroachment creates a safety hazard by allowing continuous
unmodified use. Generally speaking these encroachments must be removed
or substantially modified prior to issuance of a permit.
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
3
Page 58 of 104
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Exhibit A-1
o Tier 2 — encroachment limits or prohibits the City from accessing their right
of way.
o Tier 3 — encroachment may pose a minor operational interference or
annoyance, yet generally are not of concern from a safety or access
perspective. These are often resolved by permit and are important to
document to reduce a legal threat to the City's underlying property ownership
interest (adverse possession)
o Tier 4 — suspected encroachments such as a fence or structure that may
encroach up to two feet, and no more than 100 square feet onto City right of
way. These are oftern resolved by issuing a letter of permission stating the
suspected nominal encroachment and offering permission for the
encroachment to remain until such time the City may need to clear up the
property line. This approach removes disproportionate administrative cost
and burden, while undermining future claims of adverse possession.
Step 3 Resolution of Encroachment
• Letter #1 to owner explaining the encroachment with a statement of risk to City and
the necessity to treat all neighbors equitably regarding use of public property. Request
that further encroachment activity cease with a 30-day deadline.
• Letter #2 Provide copy of first letter and a statement presuming owner may not have
received it. Request to meet within 15 days. Warning that failure to meet or engage
in dialogue may result in the City crews removing encroachments.
• Letter #3 Provide copy of 2°1 letter including proof of receipt of certified mail, demand
to meet within 15 days, state that failure to engage will result in City crews removing
encroachment by XYZ date.
Acceptable outcome to the City
• Document resolution in specific follow-up letter containing:
o Draft permit, license or easement agreement for continued use of
encroachment if approved by the City — with or without associated fees.
• If an encroachment is required to be removed or modified, follow up with owner to
verify removal. Modification of encroachment in a timely manner and in accordance
with agreement.
• Record the document.
■ Return file to City for collation with City's internal property files.
Unacceptable outcome to the City
■ In the event our process of escalated communications or referral to the City attorney:
o Make another attempt to resolve
o Act as onsite contact/witness during removal of encroachment by City crews,
documenting extent of crew's work.
NEGOTIATIONS
Perform and oversee property negotiations for fee simple acquisition, permanent easements,
temporary easements and leasing, as necessary with owners for fourteen (14) separate tax
parcels per the City's approved Right of Way plans. All offers will be presented in person
when at all possible. Out -of -area owner(s) will be contacted by telephone and by certified
mail.
Tierra will:
4
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
Page 59 of 104
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Exhibit A-1
• Evaluate the PFE, Administrative Offer Summaries/Appraisal, parcel map, title report
and prepare each file electronically and physically. Upon receipt of title reports, Tierra
will conduct initial review of each report to assess future complications at closing and
potential conflicts from utility encumbrances, etc., that may pose obstacles or delays
to the acquisition closing process. This information will be shared with the City in a
summary format and the City or Tierra will work with the escrow company to resolve
any further action necessary.
• Preparation of the offer package and promptly present offers to purchase all the
required real property interests from those property owners shown in Table 1 below.
• Offer packages include: offer letters, copy of the Administrative Offer Summary
(AOS) or the appraisal and review, easement document, exhibits and other related
acquisition documents using WSDOT or City approved forms.
o Offer Presentation: Tierra will contact the property owner and meet the owner
in person to present to discuss the project. Tierra will perform "good faith
negotiations" as defined by the Uniform Act. After contact is established with
each property owner, Tierra will make up to four (4) significant contacts, either
in person meeting, detailed phone conversation, and/or exchange of detailed
correspondence or email.
o Administrative Settlement: If after status review, it is determined necessary
and properly supported and negotiation amounts exceed the just
compensation amount, Tierra will make recommendations for administrative
settlements. Subject to City approval, Tierra will attempt to secure
administrative settlements with property owners to avoid the condemnation
process.
o Acquisitions will be considered complete if any of the following occurs: signed
documents are acquired; the parcel is processed for condemnation or Tierra
negotiations are terminated after the joint negotiations status review by the
City and Tierra.
o Prepare file for closing.
o Prepare and maintain diaries.
o Prepare and provide status updates monthly or as requested by City.
o Upon receipt of signed conveyance documents, Tierra will forward the
documents to the City.
o Agent QA files for submittal to Project Manager and for WSDOT
Certification review.
RELOCATION ASSISTANCE AND ADVISORY SERVICES
For this project it is anticipated that there are 4 displacements; 3 residential and one business
owner occupant.
Tierra will:
• Prepare General Notice, meet with displacee and provide Relocation Assistance brochure and
update occupancy survey. Inform displaced occupants, indicated in Table 1 below, of their
potential displacement and eligibility for relocation assistance.
• Research residential comparable sales and/or secure business moving estimates.
• Conduct comparable replacement site search. Prepare eligibility notice to include ail
explanation of displacees relocation benefits and 90-day assurances.
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
Page 60 of 104
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Exhibit A-1
• Assist displacees in search of replacement site(s); provide listings of available sites; coordinate
purchase of replacement site(s) with real estate agents.
• Complete Decent Safe and Sanitary (DSS) inspections for residential properties.
• Coordinate with move planners and monitor moves for businesses.
• File Claims and Parcel Close-out
■ Assist displacees in filing relocation claims with the City for payment.
• Create and maintain necessary records to support audit of project.
• Provide a closing report of any outstanding relocation claims or issues.
• Close-out meeting(s) with City.
ASSUMPTIONS
The deliverable hours and cost provided contain the following assumptions:
Fuel costs do not increase more than 20% during the project.
• A minimum of four (4) significant documented attempts to successfully acquire each parcel.
+ Whenever possible, owners residing locally will be presented their offers in person. Tierra will
mail offers to owners located outside of a 50-mile radius.
• There are no more than two principal owners of any parcel and that both are geographically
located very near to each other.
• The price does not include escrow, title insurance or recording fees.
• Tierra is taking this project over from another consultant. There is a risk that negotiations
could take longer due to the change of agents. Tierra will work closely with the City and in
the event this occurs may need to consider an amendment to the contract to add additional
hours.
• Tierra takes on no liability of prior firm's actions or work product.
DELIVERABLES
The City will provide Tierra with the following prior to the commencement of any activities:
1. Title Reports for each parcel, if not provided by KPG.
2. Approval of all acquisition forms prior to use. Tierra intends to use standard forms and
documents (WSDOT approved) when preparing offer packages — located on WSDOT
LTAP Website bLtp-.Ilwww.wsdot.wa.gc)v/LocalPrograms/ROWServices/LPA
forms.htm
3. Acquisition payments to property owners and or escrow as necessary to close all
transactions, and payment of any incidental costs which may arise to complete each
transaction.
4. Relocation payments for displaced individuals.
Tierra will provide the following deliverables:
1. Prepare parcel acquisition files for negotiations, including offer packages using the
standard WSDOT/ City templates.
2. Four (4) significant contact attempts in person, via email or telephone.
3. Written notification, and assistance with condemnation packages, as needed.
4. Attend six (6) status meetings and provide status reports, as needed, with the City.
Conference call or in person.
5. Complete, QA/QC'd parcel files, including necessary records of all ROW
Acquisition services in a format satisfactory to the City.
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
Page 61 of 104
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Exhibit A-1
Provide the City all original documentation upon completion of project in
preparation for WSDOT Certification review.
ESTIMATED PROJECT SCHEDULE
Oct 2018
Nov
2018
Dec
2018
Jan 2019
Feb 2019
Mar
2019
April
2019
May
2019
TASK
1-
15
16-
31
1-
15
16-
30
1-
15
16-
31
1 -
15
16-
30
1-
15
16-
31
1-
15
16-
31
1-15
16-
30
1-
15
16-
31
Project Kickoff
PFE/AOS/Appraisal
Appraisal
Review/Agency
Concurrence
Negotiations
File Closeout
Condemnation
-
WSDOT
Certification starts
TABLE 1
Assessor's Parcel Number
Owner Name
Relocation
4053-013-007-0103
Port of Bremerton
4028-001-011-0005
State Agency Lands
4027-021-004-0003
Anderson
4027-022-001-0004
Haynes
Residential
4027-023-009-0004
Hannem
4027-023-016-0005
Davidson
4027-023-017-0004
Williams
Residential
4027-032-001-0102
Jones
Residential & Business
4027-035-002-0005
Opstrup, Roy & Curtoni
4027-035-003-0004
Curtoni
4027-035-004-0003
Annapolis Quay
4689-004-001-0001
Annapolis Quay
4689-004-002-0000
Annapolis Quay
4689-004-004-0008
Kitsap Transit
City of Port Orchard
Right of Way Services
TROW #18WR0-186P
Page 62 of 104
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None.
Exhibit B
❑BE Participation
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit B
Revised 1013012014
Page 63 of 104
Page 1 of 1
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Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit C
Revised 1013012014
Page 64 of 104
Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
Back to Agenda
E. Specify the Electronic Deliverables to Be Provided to the Agency
1.
Right-of-way plans and legal descriptions for future acquisitions.
Work Element 8 Deliverables:
F. Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit C
Revised 1013012014
Page 65 of 104
Page 2 of 4
II. Any Other Electronic Files to Be Provided
Back to Agenda
III. Methods to Electronically Exchange Data
WSDOT Form 140-089 EF Exhibit C
Revised 1013012014
Page 66 of 104
Page 3 of 4
A. Agency Software Suite
Back to Agenda
B. Electronic Messaging System
C. File Transfers Format
WSDOT Form 140-089 EF Exhibit C
Revised 1013012014
Page 67 of 104
Page 4 of 4
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See Exhibit D-1 attached (1 page)
Exhibit D
Prime Consultant Cost Computations
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit D
Revised 1013012014
Page 68 of 104
Page 1 of 1
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Exhibit D-1
CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS
Tierra Right of Way Services, Ltd.
City of Port Orchard, Bay Street Enhancement
Direct
Labor Classification Hours Salary OH Fixed Fee Total Total Amount
Project Management, Negotiations & Relocation
135.83%
30.00%
Division Manager
20
$
57.70
$
78.37
$
17.31
Project Manager
120.00
$
52.88
$
71.83
$
15.86
Senior Right of Way Agent
800.00
$
37.00
$
50.26
$
11.10
Right of Way Technician
200.00
$
25.00
$
33.96
$
7.50
Direct Reimbursables
100 miles R/T from Olympia Office to Project - 25 trips
Travel (Mileage):
2,500 Miles
$
0.545 $
1,362.50
Travel (Lodging:)
- Night
$
- $
-
Travel (Meals:)
- Daily
$
- $
-
Postage
Total
$
100.00
Toll
25 Each trip
$
7.00 $
175.00
Reproduction - 8.5" x 1 V
- Pages
$
- $
-
Reproduction - 11" x 17"
Total
$
$
100.00
Reproduction - 24" x 36"
- Sheets
$
- $
-
Subcontracted Services
$ 153.38 $ 3,067.68
$ 140.57 $ 16,868.51
$ 98.36 $ 78,685.68
$ 66.46 $ 13,291.50
$ 111,913.37
Direct Reimbursables Subtotal: $ 1,737.50
ROW Plan updates, Legal descriptions, Exhibits, title reports, PFE, AOS, Appraisal & Appraisal Review
SH&H - $ - $ 31,750.00
Duncan & Associates - $ - $ 7,200.00
KPG - $ - $ 22,277.00
Subcontracted Work Subtotal: $ 61.227.00
Total Maximum Amount Payable $ 174,877.87
Task Order Total Maximum - Rounded s 174.877.87
Page 69 of 104
Back to Agenda
Exhibit E
Sub -consultant Cost Computations
There isn't any sub -consultant participation at this time. The CONSULTANT shall not sub -contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See Exhibit E-1 (7 pages) attached.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit E
Revised 1013012014
Page 70 of 104
Page 1 of 1
Back to Agenda
Exhibit E-1
KPG Survey Scope of Work (9/6/2018)
Request survey cadd files, survey records, coordinate files, title reports and other
data as necessary to prepare final Right-of-way plans and legal descriptions for
future acquisitions.
2. Review title reports and the current Right-of-way plans to ensure that there are
no discrepancies and that they are adequate for moving forward with the
preparation of legal descriptions for right of way and easement acquisitions.
Includes an allowance of up to 8 hours of field survey as necessary for resolving
discrepancies or if additional monuments need to be surveyed.
3. Update current Right-of-way plans in accordance with WSDOT requirements.
4. Prepare legal descriptions and exhibit maps for up to fifteen (15) parcels
requiring fee simple take or requiring permanent easements.
5. Prepare legal descriptions and exhibit maps for up to ten (10) parcels requiring
temporary construction easements (TCE's).
Assumptions:
• Up to fifteen (15) parcels will require fee take and/or permanent easements.
• Up to ten (10) parcels will require temporary construction easements.
• Appraisals, Review Appraisals, and Negotiations are not included in this scope of work.
All acquisitions will take place within the following parcels and for which title reports will
be provided:
In Segment 1:
4053-013-007-0103
4028-001-011-0005
Work Element 8 Deliverables:
In Segments 6 and 7:
4027-021-004-0003
4027-022-003-0002
4027-022-001-0004
4027-023-009-0004
4027-023-016-0005
4027-023-017-0004
4027-032-001-0102
In Segment 11:
4027-034-013-0005
4027-035-002-0005
4027-035-003-0004
4027-035-004-0003
4689-004-001-0001
4689-004-002-0000
4689-004-004-0008
Preliminary ROW plans (half size, 11"x17" and electronic PDF)
Legal descriptions and exhibits for up to 15 parcels requiring fee take and/or permanent
easements.
Legal descriptions and exhibits for additional 10 TCE's.
Page 71 of 104
Back to Agenda
Project: Tierra Right of Way Services, Ltd.
Mosquito Fleet Trail - Segments 1, 6-11
Right of Way Plans Preparation
September 6, 2018
Description
Exhibit E-1
Labor Hour Estimate
Survey Project Survey- I Survey
Manager Surveyor Technician Crew
$ 202.00 $ 137.00 $ 112.00 $ 215.00
Fee
1
Request cadd files, surve records. coordinate Pies, etc
4
$
808
2
Review of title reports and current righl-or-way plans _
4 30
4 I 8
$
.00
7,808,06.00
3
Right-of-way plan update r
2 8
32
$
4
5
Legal descriplinns and exhibits For acquistions (up to 15�
Legal Descriptions and exhibits for TCE's
4
4i1
f
.00
5,08400
jtnj
3
30
$
3.771.00
Expenses rnifea a printing, etc.
500.00
Task Total
10 45
106 8
S
22.2T7.00
Total Estimated Fee:
$
22,277.00
Page 1 of 1
Page 72 of 104
Back to Agenda
Exhibit E-1
VtSH6H
September 13, 2018
Leslie Beaird, SR/WA, R/W-RAC
Right of Way Operations Manager
Tierra Right of Way Services, LTD
444 NE Ravenna Boulevard, Suite 103
Seattle, WA 98115
e-mail: lbeaird@tierra-row.com
RE: Pedestrian Enhancement Project, Mosquito Fleet Trail
Port Orchard, WA
Dear Ms. Beaird:
Per our recent correspondence, my firm can provide appraisal services concerning the
above mentioned right-of-way project. There are a total of 19 larger parcels identified in
the right way plans dated October 25, 2015, four of which are not to be included in this
assignment. The acquisitions involve trail easements and temporary construction
easements.
As part of this project it is my understanding that a project funding estimate will be
required. This estimate acts as a budgetary tool, and is used to roughly estimate the costs
of the project for such items as compensation to property owners, negotiation, and
relocation where needed, possible court costs, and appraisal costs (including reviews). If
the estimate indicates compensation of $25,000 or less for an individual parcel and/or the
appraisal problem is not complicated, an Administrative Offer Summary sheet would be
used instead of an appraisal, for negotiation purposes. Based on a preliminary review of
a previous project funding estimate completed by my firm, it appears that ten of the
parcels may require appraisals. The remaining acquisitions appear to be able to be
handled through administrative offer summaries (AOS). The format of the reports will
follow USPAP requirements and WSDOT guidelines.
6419 Lakewood Drive West Tacoma, Washington 98,167 i p. 253-564 3230 1 F. 253.5b4 3143
Page 73 of 104
Back to Agenda
Exhibit E-1
The fee to complete the project funding estimate, Administrative Offer Summaries, and
Appraisals is broken down as follows:
No-
I-1
2
3
4
6
7
8
Assessors
Parcel
Number
Owner
1
2 3
4
Project
Funding
Estimate
Adminislrai'
Offer
SummaryA mAsal
Total
Parcel
Costs
4053-013-007-0iO3
4028-001-011 0005
Port of Bremerton _
State Agency Lands
$750
$750
Inc. in PFE $1,5m
$0
Inc. in PFEg$2.500
$2.250
$750
4027-021-004-0003
Anderson
$750
Inc. in PFE$0
$750
4027-02.2-003.0002
Cityof Port Orchard
$750
Inc, in PFE
$3,750
4027-022-001.0004
Haynes
S750
Inc. in PFE500
$3.260
$7g0
NotAallable
Undetermined
$7S0
lne, in PFE$0
4027-023-009-0004
Flarrnem
$750
Inc. in PFE$0
$750
4027-023-0i6-0o05
Daudson
$75U
$750
Inc. in PFE $2,500
Inc. in PFE $2.500
$3,250
$3.250
4027-023-017-0004
Williams
4027-032-001-0102
Jones
$750
Inc, in PFE $3,000
$3 750
4027-034.013-0005
City of Pert Orrliard
$7.50
Inc. in PFE $3,000
$3,750
4027-035-002-0005
p Iru , Ry and Curtoni
$750
Inc. in PFE $0
$750
4027-035-003.0004
Curtoni
$750
Im, in PI"E $3,000
$3.750
4027-0364*4-0003
Anna is Qua
$750
Inc. in PFE $4.000
$4.750
46894304.001.0001
4689-004-002-0000
466 OQ4 004 0008
Anna is Qu-ay
Anna ILr. Quay
$0
$0
Inc. in PFE $0
Inc. in PFE $0
$0
$0
Kitsa Transit
$750
Inc. in PFE $3 000
$3,750
TOTAL
$11,250
$0 $27.5001
$38.750
$38,750
Total Cost w/o 4027-022-003-0002 and 4027-034-013-0005 $31,750
It is noted that this bid includes potential appraisal costs for assessor's parcel 4027-035-
003-0004 under the ownership of Curtoni and 4689-004-004-008 under the ownership of
Kitsap Transit. It may be possible that the compensation for these parcels may be under
the $25,000 threshold and appraisals are not necessary.
The proposal also includes two parcels that are under the ownership of the City of Port
Orchard. If these two parcels do not require appraisal services, they will not be included,
thereby reducing the costs associated with the proposal to $31,750.
The project funding estimate requires the appraiser to obtain comparable data appropriate
for determining the compensation to be offered to a property owner. Because of the
timeliness of comparable data used and the fluctuations in market value over time, the
above quoted fees are only relevant if the Administrative Offer Summaries and appraisal
are completed within six months of the completion of the project funding estimate.
Additional fees may be warranted if the Administrative Offer Summaries and/or the
appraisal are completed after the six month time frame.
u
Page 74 of 104
Back to Agenda
Exhibit E-1
The time frame to complete the project funding estimate is sixty days from the date of
engagement, assuming that all of the information necessary to complete the assignment is
available in a timely manner.
It is noted that these fees do not include any other experts that may be needed in the
appraisal process. An example would be "cost to cure" items if needed (onsite drainage,
parking mitigation, sign relocation, etc.) as the result of the acquisitions. The above fees
also do not include any additional work outside of the appraisal process, including
conference meetings and/or the preparation for potential condemnation. Work completed
outside of the appraisal process will be billed separately at $275 per hour.
Sincerely,
-J '.---
Barbro A. Hines, MAI, SRA
Back to Agenda
Exhibit E-1
Leslie Beaird
From: duncanappraisal@comcast.net
Sent: Wednesday, September 12, 2018 8:42 PM
To: Leslie Beaird
Subject: RE: How busy are you?
Good for you! I would like to get $900 per parcel- $6,300 total. Let me know if that works- Thanks very much and enjoy
your trip! Rich
Richard F. Duncan, MAI
The Granger Company
RF Duncan & Associates, Inc.
PO Box 12300
Olympia WA 98508
360-951-8258
www.duncanappraisal.net
From: Leslie Beaird <Ibeaird@tierra-row.com>
Sent: Wednesday, September 12, 2018 7:34 PM
To: duncanappraisal@comcast.net
Subject: RE: How busy are you?
That's perfect — that's the project.
I believe there will be 7 appraisals — let me know the cost for review. She's familiar with the project if you have any
questions — I'd ask her. I'm planning on submitting the scope and budget by tomorrow if I can. I leave for Kauai Friday
for a week and hope to not do much work while I'm out.
Talk to you soon!
From: duncanappraisal(2comcast.net <duncanappralsal comcast.net>
Sent: Wednesday, September 12, 2018 7:23 PM
To: Leslie Beaird <Ibeaird@tierra-row.com>
Subject: RE: How busy are you?
Hi Leslie: My Schedule for December is completely clear except for the few reviews that may be remaining on the
Canyon project- I would love to do the review work and ! have time. Barb and I have worked together a lot on various
projects and she does a great job- so it should go very smooth. I reviewed several parcels that Barb appraised for the
City of Port Orchard about 3 years ago. - The Bay Street Enhancement Project. So in summary I have time, and I would
love to do the work. Thanks for thinking of me! Rich
Richard F. Duncan, MAI
The Granger Company
RF Duncan & Associates, Inc.
PO Box 12300
Olympia WA 98508
360-951-8258
www. d u nca napp ra i sa I. net
Page 76 of 104
Back to Agenda
From: Leslie Beaird <Ideaird@tierra-row.com> Exhibit E-1
Sent: Wednesday, September 12, 2018 5:47 PM
To: duncanappralsal@comcast.net
Subject: How busy are you?
Hi Rich,
I have another project I'll need review work on. It's for the City of Port Orchard — looks like 7 appraisal. Barb Hines will
be preparing the appraisal — wondering if you can handle or if I should contact someone else. Let me know. I'm going to
guess we will need appraisals reviewed in December.
I just want to make sure we can do it in the time period needed, it's important that we keep our schedule. THANKS!
Leslie Beaird, SR/WA, R/W-RAC
Right of Way Operations Manager, Pacific Northwest
Tierra Right of Way Services, Ltd.
444 NE Ravenna Blvd., Suite #103, Seattle, WA 98115
360-870-0190 mobile 1 1(800) 887-0847 1 www.tierra•row.com
This message, including any attachments, contains confidential information intended fora specific individual and purpose, and is protected by law. Any disclosure, capprg. or
distribution of this message or the taking of any action based on it, by anyone other than the intended recipient stated herein, without the express written consent of Tierra
Right of Way Services is strictly prohibited.
Page 77 of 104
Back to Agenda
Exhibit F
Title V1 Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit F
Revised 1013012014
Page 78 of 104
Page 1 of 1
Back to Agenda
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of7: r o -A
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 79 of 104
Page 1 of 1
Back to Agenda
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Tierra Right of Way Services, Ltd.
whose address is
444 NE Ravenna Blvd, Ste 103 Seattle, WA 98115
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Port Orchard
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Tierra Right of Way Services, Ltd.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
mlalzf
Date
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 80 of 104
Page 1 of 1
Back to Agenda
Exhibit G-I(b) Certification of Tierra Right of Way Services, Ltd.
I hereby certify that I am the:
❑✓ Vice President
0 Other
of the above named company , and an officer of the corporation
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the City of Port Orchard
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
Date
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 81 of 104
Page 1 of 1
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Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Tierra Right of Way Services, Ltd.
Consultant (Firm Name)
�y A-e
Signature (Authorized Official of Consultant)
1 PIA4
Date
Agreement Number: C072-18
INSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 82 of 104
Page 1 of 1
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Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
l . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
Tierra Right of Way Services, Ltd.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
v?//—,p
Date
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 83 of 104
Page 1 of 1
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Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Bay Street Mosquito Fleet Trail Project * are accurate, complete, and current
as of 9/25/2018 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: Tierra Right of Way Services, Ltd.
Sign a ure
Date of Execution***: /%%�Z,//Jp
Vice President
Title
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit G
Revised 1013012014
Page 84 of 104
Page 1 of 1
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Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit H
Revised 1013012014
Page 85 of 104
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Exhibit I
Alleged Consultant design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit I
Revised 1013012014
Page 86 of 104
Page 1 of 2
Back to Agenda
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged errors) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit I
Revised 1013012014
Page 87 of 104
Page 2 of 2
Back to Agenda
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: C072-18
WSDOT Form 140-089 EF Exhibit J
Revised 1013012014
Page 88 of 104
Page 1 of 2
Back to Agenda
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
WSDOT Form 140-089 EF Exhibit J
Revised 1013012014
Agreement Number: C072-18
Page 2 of 2
Page 89 of 104
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This Page Intentionally Left Blank
Page 90 of 104
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of October 16, 2018
CALL TO ORDER AND ROLL CALL
Mayor Robert Putaansuu called the meeting to order at 6:32 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby
Absent
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, Community Development
Director Bond, City Attorney Cates, and Office Assistant Whisenant were also present.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
1. Kitsap Economic Development Alliance Presentation
Mayor Putaansuu stated this item has been removed from the agenda and will be reschedule for a
future council meeting by the end of the year.
Council Direction: No direction was given to staff.
2. 2019 Legislative Agenda
Briahna Murphy and Trevor Justin with Gordon Thomas Honeywell provided their expectations of
the 2019 Legislative Session, discussed possible ideas for the City's 2019 Legislative agenda, outlined
next steps for finalizing the legislative agenda to begin advocacy for the City.
Expressed focus is on developing biennial Operating, Capital, and Transportation Budgets. Discussed
policies and funding changes for mental health, increase housing options, and mandatory minimum
densities where land use would have to readjust to accommodate transit stops.
Page 91 of 104
Back to Agenda
Minutes of October 16, 2018
Page 2 of 4
Potential Legislative priority agenda items were listed as:
• McCormick Lift Station #2
• State Investments in State Routes (emphasis on Sedgwick and Route 16 Corridor Study)
• Economic Development Tools
• Condominium Liability
• Foster Pilot Program
Public Works Director Dorsey expressed the need for public effort by contacting Legislative
Representatives to support the City to move forward on State Investments in State Routes.
Discussed the McCleary impacts to property tax and funds going to local districts.
Briahna suggested that once election is determined, meetings will be setup with each member of
delegation. Extended invitation to the Council to attend AWC City Action Days in February 2019.
Trevor provided an update on the August primary results. Briahna expressed a possible Democratic
wave with voter turnout, as there are four other items on the November ballot; carbon tax, gun
control, use of deadly force, and preemption of local control on imposing sales tax on local groceries.
Council Direction: No direction was given to staff.
3. Preliminary Biennial Budget Presentation
Finance Director Crocker explained the layout of the preliminary budget book is sectioned out as
Department Operations, Debt Service, Capital Projects and Equipment Rental & Revolving Funds.
And summarized the handouts key points that determined the budget as; highlights of the Mayor's
budget, adjustments made, and list of identified mid -year review elements that were not funded in
the budget.
Mayor Putaansuu discussed his adjustments; recruitment needed for a new Police Chief, salary
survey to be completed, Police Department requests an additional full-time employee (FTE) for
evidence/counter staff, additional .6 employee for Public Works in park maintenance, and
reorganization of front desk in Public Works which is creating a new position.
Public Works Director Dorsey explained bridge management plan.
Mayor explained some additional cost allocated to ADA sidewalk improvements, consultants, and
stormwater repairs requiring purchase of equipment.
Page 92 of 104
Back to Agenda
Minutes of October 16, 2018
Page 3 of 4
Finance Director Crocker explained that with the new developments within the city there will be
additional staff time and training needed to properly operate and maintain. Also, went overthe Fund
Summary Table, which shows the impact of all funds and adjustments.
Council Direction: No direction was given to staff.
4. Enterprise Fund Creation Presentation
Finance Director Crocker gave the background on exploration of separating the water -sewer fund
into multiple funds. Explained the objectives were to create transparency, financial sustainability,
and capital planning. He said each enterprise fund would have its own operations, stabilization,
capital constructions, and debt service funds. All funds will have the same structure throughout each
summary.
Next steps will be; adopt ordinance at next council meeting, adopt budget moving funds to new
structure, and adopt budget with Enterprise Fund Expenditures in new fund structure.
Council Direction: No direction was given to staff.
5. ER & R Transfer Presentation
Finance Director Crocker explained the steps for the ER & R Transfer; adopted ordinance to create
fund, adopted policies to manage the fund, and now proposing to bring forward a budget
amendment to move the current cumulative Equipment Reserve to the ER & R Fund to manage fleet
and replacement plan.
Next steps will be; adopt budget amendments to move current cumulative Equipment Reserves to
the ER & R Fund, adopt budget of rental payments, and adopt budget for capital purchases and
vehicle replacements.
Council Direction: No direction was given to staff.
6. Rockwell Pocket Park Final Design & Presentation of VE Options
Public Works Director Dorsey explained the abbreviated version of the Rockwell Pocket Park project
with the conceptual, 90% and at the 100% design options with the value engineering effort. The
request is to go to ad based on the 90%, although it would be beyond current budget, and then add
site furnishings later.
Council Direction: Staff was directed to move forward with ad based on the 90% option.
Page 93 of 104
Back to Agenda
Minutes of October 16, 2018
PaRe4of4
OTHER ITEMS DISCUSSED:
Mayor Putaansuu updated Council on the hindrance of rehanging the banner over Bay Street and
said that once the sale of 640 Bay Street is completed there will no longer be an alternative location
for display.
Councilmember Diener asked to submit any outstanding questions regarding the proposed Plastic
Bag Ban to either himself or Councilmember Ashby. Mayor stated the ban proposal will be brought
to a Council meeting in December for discussion.
Brief project updates were given on Bay Street Pedestrian Pathway and Tremont Street Widening.
ADJOURNMENT
The meeting adjourned at 7:58 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 94 of 104
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7C
Agenda Staff Report
Subject: Discussion: Lodging Tax Advisory
Committee's Recommendation for the
2019 Funding Allocation
Back to Agenda
Meeting Date: November 13, 2018
Prepared by: Brandy Rinearson, MMC
City Clerk
Atty Routing No.:
Atty Review Date
N/A
N/A
Summary: On September 27, 2018, the Lodging Tax Advisory Committee heard presentations from
applicants who requested funds for 2019, from the Hotel Motel Tax. On October 4, 2018, the Committee
met to discuss the applications and to provide the Council with a recommendation of the allocations.
On October 9, 2018, Council discussed the Committee's recommendation of $125,000; which uses
$25,000 of the fund balance/reserve. Council expressed concerns of cash flow, spending money we
don't have, allocating funds at this amount is not sustainable, and funds may not come in as anticipated.
Therefore, remanded back to the Committee for them to only allocate $100,000. Should the Committee
continue with the $125,000 allocation, it would be with the understanding that only $75,000 would be
allocated in 2020.
On October 22, 2018, the Committee met to discuss Council's comments. The Committee didn't want to
risk the non -profits having less funds for the following year; and directed staff to reach out to them and
get their input on their preference.
On November 5, 2018, the Committee reconvened to discuss responses received from the applicants. At
the recommendation of the non -profits, the committee reallocated the funds totally $100,000. They are
as follows:
2019 Lodging Tax Applicants Request Recommendation Revised
Visit Kitsap Peninsula -Tourism Marketing and Night -Life
Port Orchard Bay Street Association - Operation and Events
Port Orchard Bay Street Association -Tourism Marketing
Sidney Museum and Arts Association- Tourism Marketing
Fathoms 0' Fun Festivals-Events/Operations & Marketing
Kitsap Mustang Club -Mustangs on the Waterfront
Saints Car Club -The Cruz
Chamber of Commerce- Seagull Calling Festival;
Tourism & Visitor Marketing, and Visitor Center Operations
City of Port Orchard -Summer Event Foot -Ferry Services
Totals:
$24,000
$22,000
$16,918
$27,013
$20,000
$15,380
$10,925
$10,000
$7,690
$5,070
$5,070
$5,070
$34,500
$28,000
$21,532
$2,500
$2,500
$2,500
$2,400
$2,400
$2,400
$30,203
$28,530
$22,010
6 500 $6,500 $6,500
$143,111 $125,000 $100,000
Page 95 of 104
Back to Agenda
Business Item 7C
Page 2 of 2
Staff is looking for direction from the Council as to, if they want to bring this item forward at the next
Council meeting for adoption or bring this item to the next Council Work Study Session for further
discussion.
Recommendation: N/A
Motion for consideration: N/A
Fiscal Impact: $100,000 is the anticipated revenue to be collected in 2019.
Alternatives: Reject the allocations and send back to Committee for further deliberation.
Attachments: Spreadsheet of Recommended Allocations, October 22, 2018, LTAC Minutes, and
November 5, 2018, LTAC Minutes.
Page 96 of 104
Back to Agenda Hotel/Motel Funding Requests & Allocations
Organization/Event
FY' 2019
Funds
Requested
Committee
Recommendation
10/22/18
Committee
Recommendation
11/5/18
FY' 2018
Funds
Requested
Funds
Allocated
FY' 2017
Funds
Requested
Funds
Allocated
FY' 2016
Funds
Requested
Funds
Allocated
FY' 2015
Funds
Requested
Funds
Allocated
FY'2014
Funds
Requested
Funds
Allocated
FY'2013
Funds
Requested
Funds
Allocated
Arthritis Foundation -Jingle Bell
Run
$0
$1,500
5814
$2,000
$2,000
$1,500
$1,000
Audubon's Great WA Birding
Trail
$0.00
Bremerton Historic Ships
$0.00
$12,000
$o
$7,500
$500
Cedar Cove Association
$0.00
$5,000
$o
$10,000
$1,000
City- Economic
Development/Tourism
Committee
$0.00
$4,500
$0
$5,500
$1,550
City -Festival of Chimes and
Lights
$0.00
$12,000
$7,600
$5,500
$4,500
$15,000
1 $9,318
$13,500
$0
$11,000
$5,000
City -Foot Ferry Services
$6,500
$6,500
$6,500
$8,000
$6,300
$9,500
$9,500
$9,000
$9,000
$11,500
$10,571
$6,500
$6,500
$7,700
$10,500
City- Police/PW OT
$0.00
$14,931.63
$0
$9,300
$0
$10,000
$o
$10,000
$4,000
City - Wayfinding Signs
$0.00
$20,000
$0
City- Waterfront Restrooms
$0.00
Concerts by the Bay
$0.00
$9,000
$7,750
$9,000
$3,500
$7,500
$6,250
Fathoms O'Fun Festival-
Events/Marketing
$34,500
$28,000
$21,532
$30,000
$20,814
$24,000
$22,000
$16,750
$12,000
$17,750
$15,916
$11,500
$10,000
$11,500
$7,620
Fathoms O'Fun Festival -
Marketing
$9,000
$6,500
Fathoms O'Fun Festival -Hydro
Races
$0.00
Withdrew
$o
Explore Port Orchard
$0.00
$21,550
$16,809
City -Media Kit
N/A
$5,000
$3,714
City- 125th Anniversary
N/A
$3,000
$2,571
City -Foot Ferry Kiosk Sign
N/A
$5,000
$o
N/A
N/A
City -Public Event Coordinator
N/A
1
$38,440
1 $o
Port of Bremerton - Boater Bags
$0.00
1
$1,500
$1,250
Kitsap Harbor Festival
$0.00
$4,500
$2,000
$6,500
$3,080
Kitsap Mustang Club
$2,500
$2,500
$2,500
$1,500
$1,314
POBSA-Marketing/Events
$27,013
$20,000
$15,380
$24,533
$13,814
$17,100
$15,100
$19,500
$11,400
$23,200
$17,200
$20,065
$8,500
$21,300
$16,460
POBSA-Events - Tourism
Marketing
$10,925
$10,000
$7,690
$10,533
$5,913
$0
$2,000
$5,800
$4,200
Port Orchard Chamber of
Commerce - Tourism Marketing,
Visitor Center Operations,
Seagull Calling Festival
$30,203
$28,530
$22,010
Port Orchard Chamber of
Commerce -Explore Port Orchard
Coalition - Tourism Marketing
$18,995
$13,814
$24,515
$16,000
$23,925
$14,000
$10,350
$9,834
$15,640
1 $9,000
$17,216
$9,500
Port Orchard Chamber of
Commerce -Seagull Calling
Festival
$3,200
$3,014
$2,000
$1,620
$2,000
1 $2,000
Port Orchard Chamber of
Commerce -Visitor Center
$8,463
$8,277
$11,432.61
$6,250
$7,810
$6,200
Saints Car Club ( The Cruz)
$2,400
$2,400
$2,400
$2,300
$2,113
$1,850
$1,850
$1,875
$1,875
$1,918
$1,918
$2,100
$2,100
$1,970
$1,970
Sidney Museum & Arts
Association -Marketing
$5,070
$5,070
$5,070
$5,070
$2,813
$7,080
$5,080
$5,000
$4,400
$7,000
$6,714
$10,770
$6,000
$11,110
$5,720
Sidney Museum & Arts
Association -Hwy Sign
$700
$700
Visit Kitsap
$24,000
$22,000
$16,918
$12,000
$12,0001
$12,000
$12,000
$15,000
$6,225
$12,000
$5,685
$12,000
$12,000
$21,500
$6,600
Reserve
$8,400
$0
$0
$12,000
$0
$4,400
Grand Total of Requests
$143,111
$125,0001
$100,0001
$124,594
$90486
$156,409
$99,000
$195,000
$83,000
$137,268
$120,000 Ir
$125,075
$649000 11
$151,796
$81,000
FY' 2019 Projected Revenues: $ioo,000
FY's 2018 Remaining Revenues: $91,000
Page 97 of 104
FY' 2019 Committee Committee FY' 2018
Funds Recommendation Recommendation Funds
Organization/Event Requested 10/22/18 11/5/18 Requests
FY'2017/2018 Projected Revenues: $190,000 (2017 Allocations- $ioi,000)
FY'2016 Projected Revenues: $84,000
FY'2015 Projected Revenues: $76,000
FY'2014 Projected Revenues: $64,000
FY'2013 Projected Revenues: $87,000
FY'2012 Projected Revenues: $71,000
FY'2011 Projected Revenues: $71,000
FY'2010 Projected Revenues: $59,785
Back to Agenda
FY' 201'7
Funds Funds Funds
Allocated Requested Allocated
Hotel/Motel Funding Requests & Allocations
FY' 2016 FY' 2015 FY'2014 FY'2013
Funds Funds Funds Funds Funds Funds Funds Funds
Requested Allocated Requested Allocated Requested Allocated Requested Allocated
Page 98 of 104
Back to Agenda
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Lodging Tax Advisory Committee
October 22, 2018; 5:00 p.m. at City Hall
Committee members present: Chair Jay Rosapepe; Lorraine Olsen, Mrs. Howe's Bed and
Breakfast; Keith Woyshnis, Saints Car Club; Kathy Garcia, Port of Bremerton; Jack Edwards, Days
Inn; and staff City Clerk Brandy Rinearson.
Introductions/Roll Call - Chair Rosapepe introduced himself and so did each of the Committee
members and staff.
Chair Rosapepe provided a review of the Committee's last meeting. Then shared the feedback
from the Council meeting; saying the Council rejected the recommendation, primary due to
funds may not come in as anticipated and spending them ahead of time. The Council asked the
Committee to reconsider only allocating $100,000; however, should the Committee continue
with the $125,000 allocation; then next year's allocation will be $75,000, with a biennial budget
they are looking to allocate $100,000 each year. The Council did stay that when the Committee
is looking to cut or deciding what you would stay with, is to look at one-time items.
Clerk Rinearson added, that another concern is they didn't want to set a precedence that the
$125,000 was sustainable and that the expectation is there will be more money each year.
Chair Rosapepe added, with the fact we are not getting any more rooms; unless there is a
tremendous increase in cost of the rooms, they do not anticipate the revenues coming in higher
than what is being budgeted. Committee member Edwards added, during his attendance at the
ED/Tourism Committee meeting he heard that too much money was given to weekend or
onetime events, as their missions are to put on events, not heads into beds.
Committee member Olsen shared she was able to watch the October 9, 2018, Council meeting
video and that by not setting a precedence that we are underestimating our non -profits; and
why not step outside the box. In listening to the Council, she was shocked to hear among the
discussion that there was not a common knowledge among the Council of what the reserve
meant. She questions why not show good faith to the non -profits working hard to bring these
events; she feels the Council can do that but, falls into a pattern of being status quo. At that
moment, she realized it is clear why it is important for the Lodging Tax Committee do what we
do, and to be clear on what we do and why. She was pleased to hear that they are interested in
creating a policy on the reserve funds.
Clerk Rinearson explained, in response to Committee member Edwards, that the fund balance
of $95,000 is just that, the balance of the account as of 1/1/2019. They expect to receive an
additional revenue of $100,000 throughout 2019. In addition, fund balance helps with cash
Page 99 of 104
Back to Agenda
October 22, 2018, Lodging Tax Advisory Committee Meeting Minutes
Page 2 of 2
flow, in that if everyone submitted their reimbursement at the first of the year, cash would be
an issue.
Committee member Woyshnis said that historically the reserve, based on the sheet provided,
has been at $70,000 for the last few years and using the additional $25,000 will maintain the
reserve of $70,000. The extra funds could be used to help the organizations.
Discussions continued around what is the extra money, a reserve or an escrow; and if those
funds are truly available and just sitting in an account for use.
Committee member Olsen reiterated that this is showing good faith to our non -profits. If we
were to use the $25,000, that is in a reserve, and hasn't been touched in years; it doesn't lower
the reserves lower than is has been in the last 6 or 7 years.
Committee member Garcia said she appreciates the non -profits and what they are doing. It
would be nice to see what they could do with the extra money and what they could bring in,
but hesitates as she doesn't want to risk them having less funds the following year.
The Committee discussed when the funds could be reviewed by the Council, how the funds
could be distributed if they came in higher than expected; and the possible effects on the non-
profits. In addition, how the reserve built up to be so high and why weren't funds allocated
after the annual review of the account.
The Committee didn't feel comfortable making the decision to keep it at $125,000 or reduce to
$100,000, without the input of the non -profits. The Committee agreed to meet again after they
heard back from them.
Follow Up— The Committee asked staff to reach out to the applicants and get their input as to if
they would rather have more funds in 2019 and a chance of less funds in 2020, or have equal
funds distributed for 2019 and 2020.
There being no further business, Chair Rosapepe adjourned the meeting at 5:56 p.m. Audio -
only, recording was successful.
Next meeting: November 5, 2018; at 5PM
c: Council/Mayor/Department Directors
Page 100 of 104
Back to Agenda
d --
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Lodging Tax Advisory Committee
November 5, 2018; 5:00 p.m. at City Hall
Committee Members present: Chair Jay Rosapepe; Lorraine Olsen, Mrs. Howe's Bed and Breakfast;
Keith Woyshnis, Saints Car Club; Kathy Garcia, Port of Bremerton; Jack Edwards, Days Inn; and staff City
Clerk Brandy Rinearson.
Chair Rosapepe recapped the previous meeting and reminded the Committee the outstanding
questions asked to the non -profits their preference on the allocated amount options.
Clerk Rinearson read the statements received in response to the question asking the non -profits and all
preferred to keep the fund distribution consistent, meaning $100,000 allocated over the next two years.
Committee member Woyshnis added, the Saints preferred the higher amount.
Clerk Rinearson shared an email from Committee member Olsen asking what the City of Bremerton and
Kitsap County does with their over projected/unspent funds and if the City ever specifically used the
reserve. Clerk Rinearson said, in reviewing the City's files she found a few times the Council did open
the funds mid -year. Those times being for a marketing director in 2011, acceptance of the Saints Car
Club application in 2013, and other applicants in 2000 and 2001. In addition, found a memo from the
previous Treasurer defining what "surplus" funds meant. Kitsap County said they do have a little
reserve, but they try not to keep any funds and include them in the next year's allocation. They did
share that they also charge their staff time to the account.
Chair Rosapepe shared that in speaking with the Mayor, and some councilmembers, they agree that a
policy needs to be in place and they would open the discussion for funds to be reviewed during mid-
year.
The Committee continued the discussion on the reserve amount, what it means, and how it would
affect the non -profits if we kept the $125,000 allocation recommendation.
In looking at the allocations, the Committee considered reducing or removing the foot -ferry. Asking; if
this what the businesses are wanting, are the ridership counts consistent, what happens if lodging tax
funds are not allocated, where would the funds come from, and could we increase the fares to help
offset the costs?
The Committee rated the applicants from 1-most likely to 3-not likely to put people in "heads in beds",
rating Visit Kitsap at a 1; Sidney Museum and foot -ferry at a 3; and all others rated a 2.
Committee member Olsen arrived at the meeting.
Committee member Olsen reminded the Committee that Visit Kitsap and the Chamber have bigger
budgets and more resources. And know they have big plans for next year, but maybe financially this is
not the year. Committee member Edwards added that based on it is Visit Kitsap's only job to put "heads
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November 5, 2018, Lodging Tax Advisory Committee
Page 2 of 2
in beds" he fully supports them and reminded the Committee that the Council asked to look at who is
putting "heads in beds". Committee member Olsen responded that there hasn't been any scientific
evidence that supports any applicant is putting "heads in beds". Some made the point that events do
put us on the map, get people here, and possibly stay in the hotels.
They also looked at what the applicants asked for in 2018 and what they were allocated.
In readdressing the fund allocations for the foot -ferry, some felt the service should be funded by the
government. Others felt it is used by some hotels and is getting people to Port Orchard for events.
What tends to be missing, on if it is successful or not, is the data on the ridership because the schedules
tend to be inconsistent from year-to-year.
The Committee looked at the allocation as if they took the applicants ask and reduce by 23% to see
were the allocations lay; with keeping the four smaller asks (Sidney, foot -ferry, Saints, and Mustang
Club) at fully funded. In looking at the funding allocations, from last year to this year, the Chamber was
the only one that still receives more than last year.
Motion: Committee member Olsen made the motion and Committee member Woyshnis second the
motion to accept the allocation as discussed. Upon vote, the motion failed as 2 in support and 2 in
opposition. Committee members Garcia and Edwards were in opposition.
Then they looked at what the numbers would be if all the applicants were reduced by 20%. In looking
at the reduction across the board, it impacts the smaller asks more than the larger asks. And more asks
are receiving less than last year.
The consensus of the Committee was to allocation the following for 2019:
2019 Lodging Tax Applicants
Visit Kitsap Peninsula -Tourism Marketing and Night -Life
Port Orchard Bay Street Association — Operation and Events
Port Orchard Bay Street Association —Tourism Marketing
Sidney Museum and Arts Association- Tourism Marketing
Fathoms 0' Fun Festivals-Events/Operations & Marketing
Kitsap Mustang Club -Mustangs on the Waterfront
Saints Car Club -The Cruz
Chamber of Commerce- Seagull Calling Festival;
Tourism & Visitor Marketing, and Visitor Center Operations
City of Port Orchard -Summer Event Foot -Ferry Services
Totals:
Request Recommendation Revised
$24,000
$22,000
$16,918
$27,013
$20,000
$15,380
$10,925
$10,000
$7,690
$5,070
$5,070
$5,070
$34,500
$28,000
$21,532
$2,500
$2,500
$2,500
$2,400
$2,400
$2,400
$30,203
$28,530
$22,010
6 50 $6,500 6 500
$143,111 $125,000 $100,000
There being no further business, Chair Rosapepe adjourned the meeting at 6:06 p.m. Audio -only,
recording was successful.
Next meeting: TBD
cc: Council/Mayor/Committee Members
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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: Discussion: Updating the "Destination
Port Orchard" Video
Back to Agenda
Meeting Date: November 13, 2018
Prepared by: Brandy Rinearson, MMC
City Clerk
Atty Routing No.:
Atty Review Date
N/A
N/A
Summary: At the June 11, 2018, Economic Development/Tourism Committee meeting, it was
mentioned that the "Destination Port Orchard" video is outdated and should be updated. At the
September 10, 2018, Economic Development/Tourism Committee meeting, the video was reviewed, and
the Committee agreed that it needed to be updated. The committee asked the Mayor to bring a contract
to Council in October for a consultant to prepare these revisions.
The Mayor reached out to a video creator for a quote. That quote was provided to the Council at the
October 9, 2018, Council meeting. Council directed the Mayor to reach out and seek information about
creating a video which would include tourism, visitors, and economic opportunities; and seek other
quotes.
At the November 7, 2018, Economic Development/Tourism Committee meeting, three quotes were
presented along with video samples of each of the consultants' work. The bids are as follows:
Hal Calbom
North Woods Productions
EVi Productions
$9,500 (not including tax)
$9,917.50 (not including tax)
$5,975 (not including tax)
In reviewing the quotes and videos, the committee felt that each of the consultants' work were equally
good. They didn't feel that they could justify moving forward with the higher quotes, therefore, the
committee recommend proceeding with the lowest bid.
Recommendation: The Economic Development/Tourism Committee recommends City staff to move
forward with a contract for EVi Productions services.
Motion for consideration: I move to authorize the Mayor to enter into a contract with EVi Productions
to produce videos promoting the City of Port Orchard.
Fiscal Impact: $5,000 is allocated in the 2017/2018 Biennial budget, and $3,000 is projected to be
allocated in the 2019/2020 Biennial Budget.
Alternatives: Reject the bids and provide staff with further direction.
Attachments: None.
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