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07/27/2010 - Regular - PacketCITY OF PORT ORCHARD Mayor: Lary Coppola Administrative Official Councilmembers: Fred Chang Chair: LTAC Staff: Clerk's Office Economic Dev/Tourism Committee Public Property Committee Jerry Childs Chair: Economic Dev/Tourism Committee Staff. Clerk's Office Finance Committee John Clauson Chair: Finance Committee Staff: City Treasurer Utilities/SAC Committee Kitsap County Health Jim Colebank Economic Dev/Tourism Committee KRCC/PSRC/KEDA/PRTPO Fred Olin Chair: Public Property Committee Staff. Planning Department Utilities/SAC Committee Carolyn Powers Public Property Committee KRCC/TransPol Rob Putaansuu Chair: Utilities Committee Staff Public Works Department Finance Committee Kitsap Housing Authority SAC Committee Department Director: Patti Kirkpatrick, CMC Administrative Services City Clerk Allan Martin City Treasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E. Public Works Director City Engineer City Council Meeting Agenda July 27, 2010 7:00 p.m. �. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmemberfor 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 Claim Warrants, Payroll & Treasurer's check book B. Approval of the July 13, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to August 17, 201o, at 7:00 p.m. at City Hall (Kirkpatrick) D. Adoption of Resolution No. 026-10, Authorizing the Surplus of One Public Works Vehicle (Dorsey) 5. PRESENTATION 6. PUBLIC HEARING A. Six -Year Transportation Improvement Plan (STIP) for Years 2011- 2016 (Dorsey) 7. BUSINESS ITEMS A. Adoption of Resolution No. 027-1o, Approving the Six -Year Transportation Improvement Plan (Dorsey) B. Approval of Contract No. 052-1o, Authorizing the Mayor to Execute Agreement for 2010 Sewer TV and Lining Maintenance with C-More Pipe Services (Dorsey) C. Approval of Public Event Application: Celebrate Life Walk for Life and 5K (Kirkpatrick) D. Discussion: Washington State Office of Public Defense — 2011 Grant (Jacoby) E. Authorization for the Mayor to Execute Change Order No. 4 for Well No. 11 Completion within 2010 with Charon Drilling, Inc. (Dorsey) Contact us: 8. REPORTS OF COUNCIL COMMITTEES 216 Prospect Street Port Orchard, WA 98366 (36o) 876-4407 Please turn off cell phones during meeting ~ Please hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o-876-4407 July 27, 2010 Council Meeting Page 1 of 2 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, 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 Committee July 30, 2010 Myhre's 7:30 a.m. Tourism Committee August 11, 2010 City Hall 5:30 p.m. Utilities Committee July 23, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) TBD for August S.K.W.R.F. 6:30 p.m. Public Property Committee August 10, 2010 Myhre's 7:30 a.m. Work Study Session August 17, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 July 27, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard Council Meeting Minutes Regular Meeting of July 13, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Cindy Lucarelli led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3. APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Childs seconded the motion to approve the Agenda. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to amend the Agenda to remove Business Item 7E Adoption of Ordinance No. 014-10; and to add a Business Item approving the Public Defender Settlement Agreement. Upon vote, the motion to amend passed unanimously. Upon vote, the main motion as amended passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53806 through 53925 in the amount of $391,205.94; June's Payroll Warrant Nos. 143168 through 143222 in the amount of $473,386•95; and Treasurer's check book in the amount of $3,014,823.35• B. Approval of Public Event Application: Fathoms O'Fun Festival by the Bay C. Adoption of Resolution No. 024-10, Authorizing the Surplus two Seized Vehicles D. Approval of Contract No. 049-10, Authorizing the Mayor to Execute an Agreement with Exceltech for the Tremont Widening Constructability Review of the Tremont Street Widening 85% PS&E Minutes of July 13, 2010 Page 2 of 11 E. Approval of Change Order No. 3, Authorizing the Mayor to Extend Expiration Date of Contract No. 042-09, with Charon Drilling Inc. For Well No. 11 at McCormick Woods F. Approval of Amendment No. 1 to Contract No. 043-09, with the City of Forks for Jail Services G. Approval of Amendment No. 1 to Lease Agreement No. 22-002582, with the Department of Natural Resources for Aquatic Lands Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Proclamation: ioo Years of Camp Fire Days Mayor Coppola read the Proclamation into the record and presented the Proclamation to Ms. Amy Hutchinson, who thanked the Council for their continued support and invited the Council to attend their 2010 Centennial, which would take place on Saturday, July 31, 2010. B. Employee of the Quarter Mayor Coppola announced Mr. Jay Cookson, Superintendent of the Public Works Shop, was the Employee of the Second Quarter, noting that Jay responds 24 hours a day, 7 days a week to any emergency and/or complaints and quickly coordinates his small crew to address each emergency, in addition to his normal day-to-day heavy work schedule; and thanked Mr. Cookson for his years of service. C. Olympic Bird Fanciers Pam Cloer and Sue Marshall with the Olympic Bird Fanciers asked Council to reconsider their decision and to allow birds in the Active Club Building. Ms. Marshall explained their organization has met with other users of the facility and they have worked out an internal policy should any issues arise between any users, rather than bring complaints directly to City staff. Ms. Marshal asked the Council for a three-month trial basis of allowing them to bring their birds to their meetings at the Active Club Building. Mayor Coppola directed staff to add the reconsideration of animals in the Active Club Building to the July 20, 2010, Work Study Session. 6. PUBLIC HEARING Minutes of July 13, 2010 Page 3 of 11 A. 2oo9 International Building and Fire Codes Development Director Weaver provided the staff report, noting the Washington State Building Code Council periodically adopts revised building codes. As such, on July 1, 2010, the Washington State Code Council voted to adopt the 2oo9 Edition of the building codes with an effective date of July 1, 2010. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:25 p.m. B. Flood Damage Prevention Development Director Weaver provided the staff report, noting the City of Port Orchard has adopted regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood damage prevention in order to minimize public and private losses due to flood conditions. It is necessary to update and amend Chapter 15.38 in order to remain fully compliant with state and federal law, and to ensure the City's residents qualify for the National Flood Insurance Program. Most of the changes required are primarily to establish the City's Building Official as the Flood Damage Prevention Administrator. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:26 p.m. 7. BUSINESS ITEMS A. Approval of Contract No. 047-10, Authorizing the Mayor to Execute an Agreement for the City's Official Newspaper Publication Services City Clerk Kirkpatrick provided the staff report, noting that annually, RCW 35.21.875 requires each City or town to designate an Official City Newspaper. A Request for Newspaper Publication Services was published on June 4, 2010, which requested the price per column inch, the cost per additional line, and the cost to post to their website. The bids closed on June 11, 2olo, and two bids were received from the Port Orchard Independent (PO Independent) and the Kitsap Sun as follows: Port Orchard Independent: 2009 2010 Price per column inch* $2.95 $2.97 Cost per additional line $0.33 $0.33 Legal notices on website $0.00 No Charge *Column per inch = 1" x 1.125" Kitsap Sun: 2009 2010 Price per column inch* $3.19 $2.85 Cost per additional line NA $0.29 Minutes of July 13, 2010 Page 4 of 11 Legal notices on website $7.00 $7.00 per ad *Column per inch = 1" x 1" At their June 22, 2010, meeting, Council directed staff to obtain online circulation and 2oo9 and 2010 YTD ad expenses. Port Orchard Independent: January -June 2010 Total Website Verification Council: Website Pageveiws* Website Unique Visitors** Website Total Visits*** 2010 Circulation Numbers as Audited by Circulation 3i6,790 66,o6i 115,721 Website Kitsap News Group* Pageviews 1,436,o75 Website Kitsap News Group Unique Visitors 303,536 Website Kitsap News Group Total Visits 544,848 *Kitsap News Group consists of Bainbridge Island Review, North Kitsap Herald, Central Kitsap Reporter, Bremerton Patriot and Port Orchard Independent. Kitsap Sun: 2010 January to May 2o10 Total Website Circulation Numbers as Audited by Audit Bureau of Circulations: Website Kitsap Sun Pageviews 1406,426 Website Kitsap Sun Unique Visitors 380,421 Website Kitsap Sun Total Visits 3,184,222 *These numbers are based on anyone who visits the website and clicking on any advertisement and/or article. **These numbers are based on any one person who visits the website per IP address in a period of one month. *** These numbers are based on anyone who visits the website, no matter how many times throughout a period of one month. The total cost of legal notices in 2009 was $2,688.94, and should the City have the same amount of publication during 2010, the PO Independent charge at the proposed rate of $2. 95 would be $2,707.17 and the Kitsap Sun's charge at the proposed rate of $2.85 would be $2,597.79, based on once a week publication. However, with the current policy to also publish on the newspaper's website the Kitsap Sun would have an additional cost of $791, for online legal ad noticing. The PO Independent provides posting of legal ads to their website at no charge. The total cost of legal notices through May 2010 is $957.28, and should the City continue with the same velocity of ads for the remainder of the year at the PO Independent's proposed rate of $2.95, the total would be $963.77. The Kitsap Sun rate would be $924.83, with the additional $28o for website posting. The Kitsap Sun's bid, for comparison purpose, is based on once a week publication, and should staff publish more than one time per week, the ad cost would rise accordingly. Both papers allow postings to their website at anytime in order to meet certain publication deadlines. However, the State does not recognize web posting as the "official" affidavit of publication, and City staff would still defer to print as the main source of public noticing. Minutes of July 13, 2010 Page 5 of ii In response to Councilmember Olin, City Clerk Kirkpatrick clarified that the 2oog Request for Proposal did include the option for website posting; however neither newspaper chose to provide that pricing as they were not in a position at that time to post legal notices to their website. Councilmembers Colebank, Putaansuu, Clauson, and Powers voiced their support of the Port Orchard Independent, noting that the Independent is: • Committed supporter of our local community; • Cost effective; • Past policy has been for City staff to use the website for official notices; • You can go back and review past publications through their website; and In response to Councilmember Chang, City Attorney Jacoby explained not all policies are in written form and that other informal ways the Council has conveyed its message to staff has been through past practices, custom, and comments from the dais. Councilmember Clauson noted that City staff would be working with state legislators to amend publication requirements for second class cities and to make website postings an official publication. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Contract No. C047-10, designating the Port Orchard Independent as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter m6. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Chang and Olin cast the two dissenting votes. B. Approval of the June 15, 2010, Work Study Session Minutes Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve the June 15, 2oio, Work Study Session minutes. Upon vote, the motion passed unanimously. C. Approval of the June 22, 2010, Council Meeting Minutes Councilmember Olin MOVED and Councilmember Childs seconded the motion to approve the June 22, 2010, Council meeting minutes. Upon vote, the motion passed unanimously. Minutes of July 13, 2010 Page 6 of 11 D. Adoption of Ordinance No. 013-10, Amending Port Orchard Municipal Code Section 15.04.010 2009 International Building Code Development Director Weaver presented the staff report, noting the Washington State Building Code Council periodically adopts revised building codes. As such, on July 1, 2010, the Washington State Code Council voted to adopt the 2oo9 Edition of the building codes with an effective date of July 1, 2010. Ordinance No. 013-10 adopts the new edition of the code in order to be in compliance with the state. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 013-10, amending Port Orchard Municipal Code Section 15.01.040 2009 International Building Codes effective July 1, 2010. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to amended Ordinance No. 013-10, Subsection 15.02 (3)(1) to add language, to not exceed 200 square feet (18.58 m2). Upon vote, the motion passed unanimously. Upon vote, the main motion as amended passed unanimously. E. Adoption of Ordinance No. 014-10, Amending Port Orchard Municipal Code Section 15.12 2oo9 Fire Codes This item was moved to the July 27, 2010, Council meeting to allow for continued discussions with South Kitsap Fire and Rescue. F. Adoption of Ordinance No. 015-10, Amending Port Orchard Municipal Code Chapter 15.38 Flood Damage Prevention Development Director Weaver presented the staff report, noting the City of Port Orchard has adopted regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood damage prevention in order to minimize public and private losses due to flood conditions to ensure City residents qualify for the National Flood Insurance Program. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 015-10 amending Port Orchard Municipal Code Chapter 15.38 Flood Damage Prevention. Upon vote, the motion passed unanimously. Minutes of July 13, 2010 Page 7 of 11 G. Adoption of Resolution No. 025-10, Authorizing Turtle Ridge Internal Access Road Variance Request from City Council Resolution No. 1971 Public Works Director Dorsey presented the staff report, noting on February 27, 2009, the City received a request to subdivide 8.8 acres into nine (9) lots from Mr. Steve Dutton on behalf of Ms. Maureen Barta. The City reviewed the proposal for environmental impacts and a Mitigated Determination of Non -Significance (MDNS) was issued on September 24, 2009. The Hearing Examiner held an open record hearing on the preliminary plat request and on October 5, 2009, the Hearing Examiner approved the preliminary plat with conditions. On November 24, 2009, the City Council reviewed and approved Resolution No. 115-09, thereby allowing a waiver from the street standards that limits the number of single family residences served from a private road to five (5) lots, being Resolution No. 1971. The applicant is again requesting a waiver from the City's road standard as defined by Resolution No. 1971. This new waiver request proposes to eliminate the curb and gutter along the internal access road/cul-de-sac in order to provide beneficial storm water run-off pre-treatment. The Council alone has the authority to waive the road standards and no other aspect of the currently approved nine (9) lot residential plat would be reviewed and/or modified by Council action this evening. Public Works Director indicated that this is a unique development and this particular variance is to work with the developer on providing stormwater and chlorine mitigation. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 025-10, authorizing Turtle Ridge internal access road variance request from City Council Resolution No. 1971. Upon vote, the motion passed unanimously. At 7:58 p.m. Mayor Coppola recessed the meeting for a thirty-three minute executive session regarding potential litigation in accordance with RCW 42.30.lio(i)(A). City Attorney Jacoby and Development Director Weaver were invited to attend and the Mayor announced that action would be taken as a result of the executive session. At 8:31 p.m. Mayor reconvened Council back into regular session. H. Approval of Public Defender Settlement Agreement with Todd Buskirk Law Office City Attorney Jacoby presented the staff report, stating the settlement agreement is the result of the associate hired by Mr. Buskirk to handle the City's public defender work leaving the state and that Mr. Buskirk no longer has a qualified person to perform the duties of the contract. Minutes of July 13, 2010 Page 8 of 11 Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute the settlement agreement regarding termination of public defender services with the Buskirk Law Offices. Upon vote, the motion passed unanimously. H. Approval of Contract No. o50-io, Authorizing the Mayor to Execute an Agreement with Cross, LaCross, and Murphy, PLLC for Public Defender Services City Clerk Kirkpatrick presented the staff report, noting staff prepared a Request for Proposal for public defender services and received three responses: Ronald D. Ness and Associates Cross, LaCross & Murphy, PLLC Jeff Whalley, Attorney at Law (Did not meet minimum bid requirements) An interview committee comprised of the Assistant City Attorney Jennifer Forbes, City Clerk Patti Kirkpatrick, and Tim Kelly, Attorney at Law, conducted interviews with two of the three applicants on Tuesday, July 6, 2oio. The interview committee did not interview Mr. Whalley as he did not meet the minimum bid requirements. The interview committee determined that Cross, LaCross, and Murphy, PLLC as the best candidate for the City for all services related to the City's Public Defender Services. The contract was negotiated with Mr. John Cross and an amended Professional Services Agreement has been provided to Council for consideration. The following sections have been revised: • Section 3 Compensation, Page 2 • Exhibit A Section 8, Page 9 • Exhibit B Sections 1, 2, 4, 5, 6, and 7, Pages 11 and 12. It should be noted that the Cross Firm will take over the case load from the prior public defender for a one-time lump sum payment of $5,000 in addition to the flat monthly rate. The July monthly payment shall be $9,516.20, which includes the one-time lump payment and the prorated July payment. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 050-10, ratifying the Mayor's signature for an agreement with Cross, LaCross, and Murphy, PLLC for a 24-month period, effective July 13, 2010 and expiring July 14, 2012, in an amount not to exceed $7,000 flat rate per month. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen's comments. Minutes of July 13, 2010 Page 9 of 11 9. COMMITTEE REPORTS Councilmember Putaansuu announced the Utilities Committee will hold a second Open House regarding the proposed sewer rate increase on Thursday, July 15, 2010, at the McCormick Woods Clubhouse at 6:oo p.m. Councilmember Olin announced the McCormick Woods Park meeting will be held on Wednesday, July 14, 201o, at 7:00 p.m. at City Hall at which the first of three presentations from the consultants will be presented; that the Public Property Committee did not meet; and the Sewer Advisory Committee meeting for July was canceled. Councilmember Childs announced the Economic Development Tourism Committee meeting will be held on Wednesday, July 14, 201o, at 5:30 p.m. at City Hall. Councilmember Colebank reported he attended the Puget Sound Regional Council meeting, noting that Kitsap County was eligible for $740,000 of the $24.8 million allocated for congestion and air quality improvement programs. Councilmember Powers announced the Kitsap Regional Coordinating Council's (KRCC) Transportation Committee will meet on Thursday, July 15, 201o, at 1:oo p.m. at the Norm Dicks Government Center in Bremerton. io. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the AWC Annual Conference seminars regarding Economic Development; Social Media; Records Retention; and Leading Change and Managing Change; • Rode in Fathoms O'Fun Parade; • Participated in an interview on KITZ radio regarding the buy local program; • Attended the Ham Radio National Call -out weekend; • Participated in a photo session with Police Chief Townsend for "Police Chief for the Day"; • Attended the Kitsap County Department of Emergency Management training for Elected Officials; • Attended the Revenue Sharing meeting; • Attended the Kitsap Transit Personnel Committee meeting; • Met with Senator Kilmer regarding upcoming legislative session issues, including public records request and online legal notice publication; • Met with Chief Townsend and Public Works Dorsey regarding the July 4th road closure; • Met with Downtown Business Ad Hoc Committee to address any concerns; Minutes of July 13, 2010 Page to of 11 • Met with Joe Roszak of Kitsap Mental Health Service regarding a possible lid lift election; • Attended the KRCC, Board of Health, and Housing Authority board meetings; • Met with Leah Wattree and Jan Haynes regarding the Point Hope Project's Paint the Town Too; • Met with Councilmember Clauson and Gary Sexton regarding possible consulting work; • Participated in interviews regarding a liaison person for Kitsap Transit; • Participated in the mediation with Buskirk Law Firm's Settlement Agreement; • Met with a developer about a project in the City of Port Orchard; • Had lunch with Dr. Johnny Green, who was a local Charity auction winner; • Met with James Orta who is interested in possibly running for City Council; • Attended the KRCC Executive Committee meeting; and • Recorded the Mayor's monthly newsletter. ii. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported that the Seawall project is complete and will be bringing forward a change order to reflect the savings; met with the Port of Bremerton regarding the Bay Street Pedestrian Pathway project and noted the Port's preferred choice is Option No. 1, which was the Council's second choice. The Port of Bremerton will take formal action at their next Commissioner's meeting. Mr. Dorsey reported the Tremont Widening project funding has been obligated and the City has received environmental clearance and will be submitting application for an additional $500,000; the right-of-way acquisition are at 25%, 8 out of 32 checks have been sent out; and there is water at Well No. 11, which the Utilities Committee will need to decide on the next step. Development Director Weaver reported the planning and building department has received a commercial building permit for 7-11 on Mile Hill, which was processed in record time; he has applied for a grant to repair and/or improve the Dekalb pier; completed the Transportation Enhancement program application with the help of the Public Works Department for Phase 1 of the Mosquito Fleet Trail Pedestrian Path; advised that Kitsap County was handed a decision against them regarding the 2oo6 Comprehensive Plan to resize the Urban Growth Area (UGA); and City has received approximately 7 request for annexation. City Clerk Kirkpatrick announced the Port Orchard Chamber of Commerce and the Bremerton Chamber of Commerce are co -hosting a Candidates forum for the Kitsap County Commissioners race that is free to the public on Wednesday, July 14, 201o, at 7:3o a.m. at City Hall. Minutes of July 13, 2010 Page 11 of 11 13. ADJOURNMENT At 9:03 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor 91 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Subject: Setting Meeting for a Work Study Session to August 17, 2010, at q:oo u.m. at Citv Hall Meeting Date: July 27, 2010 Prepared by: Patti Kirkpatrick, CMC Citv Clerk Atty Routing No: Atty Review Date: NA Summaiv: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.080, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four howl before the time of such meeting as specified in the notice. The call and notice shall specifij the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for a work study session to August 17, 2010, at 7:00 p.m. at City Hall. Motion for consideration: I move to set a work study session meeting date and time to Tuesday, August 17, 2010, at 7:00 p.m. at City Hall. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 1 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: Subject: Adoption of Resolution No. 026-1o, Prepared by: Authorizing the Surplus of One Public Works Vehicle Atty Routing No: Atty Review Date: July 27, 2010 Mark Dorsey, P.E. Public Works Director NA NA Summary: The Public Works Department is requesting that a 1992 GMC Rally Van, VIN 2GDGG39KoN4524433, be declared surplus. The vehicle is no longer needed and is in no condition for the City to maintain for other purposes. Recommendation: Staff recommends Council declare the vehicle to be declared surplus. Motion for consideration: I move to adopt Resolution No. 026-io, authorizing the surplus of one Public Works vehicle, License No. 20813D. Fiscal Impact: The vehicle will be sold at auction. Alternatives: None. Attachments: Resolution No. 026-10 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. o26-io Public Works Director Public Works Director Public Works Director July 27, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSITION THEREOF ONE PUBLIC WORKS VEHICLE WHEREAS, certain personal property owned by the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City 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 to the needs of the City. Staff is instructed to dispose of the item that reflects the best interest of the City. 1992 GMC Rally Van, VIN 2GDGG39KoN4524433, License No. 20813D 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 27th day of July 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk 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 Meeting Date: Subject: Six -Year Transportation Improvement Prepared by: Plan (STIP) for Years 2011-2o16 Atty Routing No: July 27, 2010 Mark Dorsey, P.E. Public Works Director NA Atty Review Date: NA Summate: Based on Washington State Department of Transportation requirements, cities are required to submit their six -year transportation improvement plan (TIP) annually. Attached is a copy of the City's TIP which covers the years 2011-2o16. This document is required to be financially constrained which means that projects' funding (either secured or proposed) must be realistic based on City's budget. The City has transportation needs that include upgrading its street and pedestrians facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding, for the most part, is available on a very competitive basis. The City has to look at innovative ways of funding transportation shortfalls such as forming Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these improvements. More discussion on this issue will be part of the City's upcoming budget preparation. Recommendation: Open the Public Hearing Alternatives: Do not open the Public Hearing Attachments: Exhibit "A" Six -Year Transportation Improvement Program 2011-2016 I m Z z (L I a) « p Io-Fmlm j I N r"I❑ o � I. 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Dorsey, P.E. Public Works Director NA NA Summaiv: City Council held a Public Hearing earlier this evening, as required, to hear testimony regarding the Six -Year Transportation Improvement Program for the Years 2011- 2016. One project, the Bay Street Seawall, was removed from the list as it has completed construction and will hopefully be fully closed out by the end of this year. Recommendation: Staff recommends adoption of the City's Six -Year Transportation Improvement Program as presented. Motion for consideration: I move to adopt Resolution No. 027-10, Approving the Six -Year Transportation Improvement Program for the Years 2011-2oi6. Fiscal Impact: There is a fiscal impact on the City in terms of funding its' portion of the street improvements. It is also apparent that the City does not have all necessary funds to execute the programmed projects. Other innovative funding methods to consider include grants, a Transportation Benefit District, Local Improvement Districts and private development improvements. Alternatives: None. Attachments: Resolution No. 027-10 Exhibit "A" Six -Year Transportation Improvement Program 2011-2016 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 027-10 Public Works Director Public Works Director Public Works Director July 27, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2011-2016. WHEREAS, the Council adopts the six -year transportation improvement program annually for the following six -years; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The six -year construction portion of the Six -Year Transportation Improvement Program for the years 2011- 2016, a copy of which is attached hereto and marked Exhibit "A" and is an integral portion of the Six -Year Comprehensive Street Program for the City of Port Orchard is hereby adopted. 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 27th day of July 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk I a w I N ° I C w LL wF N ° Z Q 2.c m I' ! N r `o w �F�.� G . 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Q � y d m R 0 � o � c 'o L - v oI 71 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Subject Approval of Contract No. 052-10, Authorizing the Mayor to Execute Agreement for 2010 Sewer TV and Lining Maintenance with C-More Pipe Services Meeting Date: July 27, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: NA Atty Review Date: NA Summary: On June 9, 2010 the City of Port Orchard Public Works Department issued Request for Proposal's (RFP's) to three (3) companies listed on the 2010 Public Works Small Works Roster. On June 14, 20ro a corrected copy of the Specifications were sent out. Two (2) bids were ultimately received prior to the June 30, 2010 proposal deadline. The C-More Pipe Services bid was determined to be the lowest responsible bid at $16l,324.21. Since the bid(s) received exceeded the allocated budget amount for 20io and both bids were comparable, with respect to the schedule of values on which both parties provided unit price quotes, the Public Works Department reduced the Scope of Work as necessary to maintain the allocated budget. C-More Pipe Services has agreed to provide the same unit price for the reduced scope of service items. Having compared both bids and reducing the scope of services as needed, notifications were sent out on July 9, 2010. A summary of the proposals received are as follows: Michels Corporation $200,815.52 C-More Pipe Services $16l,324.21 Revised C-More Pipe Services $147,830.66 A-1 Services, Inc. Did Not Submit Bid Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with C-More Pipe Services for the 2010 Sewer TV & Lining Maintenance Contract in an amount not to exceed $147,830.66, with the contract term beginning August 1, 2010 and ending December 31, 2010. Motion for consideration: I move to approve Contract No. 052-ro, authorizing the Mayor to execute agreement with C-More Pipe Services for the 2010 Sewer TV and Lining Maintenance in an amount not to exceed $147,830.66, with the contract term beginning August 1, 2010 and ending December 31, 2010. Fiscal Impact: The 2olo Budget allocated $150,000 for this activity. Alternatives: Discontinue the sewer maintenance program Attachments: Contract No. 052-10 C-More Pipe Services Proposal dated 7/7/2010 and CITY OF PORT ORCHARD SMALL WORKS CONSTRUCTION CONTRACT NO.052.10 THIS Agreement is made effective as of the 27th day of July, 2010, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 C-More Pipe Services ("CONTRACTOR") 9350 Rickreall Rd Rickreall, OR 97371 Contact: Michael McCoy Phone: 503.623.1319 Fax: 503.623.1319 Tax Id No.: 93 1235461 for the following Project: Annual Sewer TV and Lining Maintenance for cleaning, TV, pipe patching, root cutting and grouting of specified portions of the City's sanitary sewer system (see specifications attached); and The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions. c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement, e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and City of Port Orchard and C-More Pipe Services Small Works Contract Page 1 of 14 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f: and The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be August 1, 2010. The Contractor shall substantially complete the Work not later than January 1, 2012, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction contract sum is the base bid amount of $147,830.66 (sales tax included). The construction contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and prevailing wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. S. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and C-More Pipe Services Small Works Contract Page 2 of 14 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola, Mayor By: Its: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney City of Port Orchard and C-More Pipe Services Small Works Contract Page 3 of 14 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) County of ) (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of 20 Notary Public (Signature) Notary Public (Print) My commission expi City of Port Orchard and C-More Pipe Services Small Works Contract Page 4 of 14 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at City of Port Orchard and C-More Pipe Services Small Works Contract Page 5 of 14 the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in City of Port Orchard and C-More Pipe Services Small Works Contract Page 6 of 14 RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and/or Worker's Compensation; and Contractor hereby expressly waives any such immunity. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or copse of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. City of Port Orchard and C-More Pipe Services Small Works Contract Page 7 of 14 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. City of Port Orchard and C-More Pipe Services Small Works Contract Page 8 of 14 FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. City of Port Orchard and C-More Pipe Services Small Works Contract Page 9 of 14 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (CONTRACTS UNDER $35,000 ONLY) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to: (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, fifty percent (50%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Bond No. City of Port Orchard and C-More Pipe Services Small Works Contract Page 10 of 14 CITY OF PORT ORCHARD PERFORMANCE BOND Know all men by these presents: That whereas the City of Port Orchard, State of Washington has awarded to (Contractor) hereinafter designated as the 'Principal" a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Dollars Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one (1) year after the final acceptance of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect; provided that the liability hereunder for defects in materials and workmanship for a period of one (1) year after the acceptance of the works shall not exceed the sum of: Dollars Total Contract Amount And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its City of Port Orchard and C-More Pipe Services Small Works Contract Page I I of 14 obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five per cent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this day of 20 Principal By Signature Printed Title ATTEST: (if corporation) Surety By Signature Printed Title Name and Address of local office/agent of Surety Company is: By Title Approved As To Form: City Attorney City of Port Orchard and C-More Pipe Services Small Works Contract Page 12 of 14 CITY OF PORT ORCHARD PAYMENTBOND Know all men by these presents: That whereas the City of Port Orchard (City or Owner), State of Washington has awarded to (Contractor) hereinafter designated as the 'Principal' a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the penal sum of: Dollars Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with the Owner, dated the of a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke; repairs on machinery, equipment, and tools consumed or used in connection with the construction of such work; and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Witness as to Surety Address Attorney -in -Fact Address NOTE: Date of Bond must not be prior to date of Contract, If Contractor is Partnership, all Partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Deparnnent's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. City of Port Orchard and C-More Pipe Services Small Works Contract Page 13 of 14 DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE Note: This form must be submitted at the time the Contractor executes the contract. Contractor shall designate the option desired by checking the appropriate space. Monies reserved under provisions of RCW 60.28, at the option of the Contractor, shall be: (I) Retained in a fund by the Owner. (2) Deposited by the Owner in an interest -bearing account in a bank, mutual savings bank or savings and loan association. (3) Placed in escrow with a bank or trust company by the Owner.* When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and the bonds and securities held in escrow. The Contractor in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. Contractor Signature Date *For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is available upon request. The Contractor is not required to use this Escrow Agreement form, however, alternative forms will need to be approved prior to execution by the City. City of Port Orchard and C-More Pipe Services Small Works Contract Page 14 of 14 JLI n7 10 05:29p CMORE PIPE SERVICE 503 623 1319 p.1 RECEIVED C-More Pipe h1wCes JUL 0 7 2010 C-More Pipe Services Co. ORPMC A I Rick a ill, OR l 73 � RCHARD Rickreall, OR 97371 PUBLIC WORKS (503) 623-1319 Attention Job Number PO Number Job Phone MARK DORSEY Proposal submitted to: Phone Fax Date CITY OF PORT ORCHARD 360.535-2172 1 360-876.4980 6-28-10 ____--_ 7 Street Job Name 216 PROSPECT STREET ANNUAL SANITARY SEWER MAINTENANCE I Clt) — State Zi Job Location PORT ORCHARD . - WA LPORT ORCHARD, WA, We hereby submit applications and estimates for MOBILIZATION AND DEMOBILIZATION FOR TV, GROUT TRUCK, CLEANER TRUCK AND ALL LINING EQUIPMENT - LUMP SUM ------------------------------- --------------------- — ---- $ 3,500.00 (Mobilization and demobilization is for one time only and not each time) LABOR AND EQUIPMENT TO ROOT FOAM 6", 8, 10", AND 12" PIPE LINES WITH ROOT-X ROOT FOAM, APPROX. 3,000 FT: AT $1.60/FT,---- —------- ------------- ------------------- 4,800.00 (C-More Pipe Services has a pending root foam operator's license with the State of Oregon) LABOR AND EQUIPMENT TO CLEAN APPROX. 20,000 FT. OF 6", 8", 10" AND 12" PIPE LINES AT$.85JFT----------------- —----- —_----------------------- —----------------------------------------- --------- 17,000.00 LABOR AND EQUIPMENT TO TV APPROX. 20,000 FT. OF 6", 8", 10" AND 12" PIPE LINES AT$.75/FT—-------- —------ —------------------------------ —------------------- — ------------------------ ------ 15,000.00 LABOR AND EQUIPMENT TO CUT ROOTS, PROTRUDING TAPS AND DYE TESTING IN 8", 10" AND 12" PIPE LINES AT $1951HR. APPROX, 8 HRS.------- —-------- —------ —----------- -- 1,360.00 LABOR AND EQUIPMENT FOR TRAFFIC PLAN AND FLAGGERS AT $75/HR. APPROX. 24 HRS---------------------------- ------- ---------------------------------- ------------------------------ 1,800 00 (Traffic control flaggers for lining projects and clean and TV on Bay Street) $ 43,660.00 WASHINGTON STATE SALES TAX - 8.6% 3,754,76 SUBTOTAL (PAGE 1) S 47.414.76 `"CITY TO PROVIDE DUMP SITE FOR DEBRIS AND ACCESS TO CLEAN OUTS FOR ELBOW PATCH INSTALLATION. Payments shall be made within 30 days following the date of the invoice or completion of work, whichever is earlier. A late charge of I %. percent per month will be assessed on unpaid balances. In the event suit or action, including any appeal therefrom, is brought to enforce any terms of this agreement, the prevailing parry shall be entitled to such reasonable attorney's fees and costs as may be awarded by the trial and appellate courts. We propose hereby to lumish material and labor -complete in accordance with above specifications, for the sum of AS STATED ABOVE Dollars $ Payment to be made as follows: 30 day from Billing Date All material is guaranteed to be w specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. Al agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized �J� C /de - - Signature t-�- � C. `t /S/ NECHMI, MCCOY. PRES Note: This proposal may be withdmwn by us if not accepted within _ days. Acceptance of Proposal - the above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. Date of acceptance Signature Jul 07 10 05:29p CMORE PIPE SERVICE 503 623 1319 p.2 GmOfAPIp@SAMCB8 Attention C-More Pipe Services Co. PROPOSAL 9350 Rickman Rd. Rickreall, OR 97371 (503) 623-1319 Job Ntamber PO Number Job Phone Phone Fax Date �72j 1360-876-4980 6-28•ID Job Name ANNUAL SANITARY SEWER MAINTENANCE Job Location PORT ORCHARD, WA. LABOR AND EQUIPMENT TO INSTALL 250 FT 8 INCH CIPP LINER @ $26.50/LF LABOR AND EQUIPMENT TO INSTALL 1407 FT 10 INCH CIPP LINER @ $32.00/LF LABOR AND EQUIPMENT TO GROUT 35 - 1 OX4 SERVICE LATERALS @ $218.50/EA LABOR AND EQUIPMENT TO GROUT 5 - 8X4 SERVICE LATERALS @ S218.50/EA LABOR AND EQUIPMENT TO REINSTATE APPRO 40 LATERALS @ $175/EA LABOR AND EQUIPMENT TO INSTALL 4X24 LATERAL PATCHES 17 @1475/EA SUBTOTAL WASHINGTON STATE SALES TAX - 8.6% SUBTOTAL (Page 2) SUBTOTAL (Pagel) TOTAL BID PROPOSAL RECEIVED JUL 0 7 2010 CITY OF PORT ORCHARD PUBLIC WORKS $ 6,625.00 $ 45,024.00 $ 7,647.50 $1,092.50 $ 7,000.00 25 075.00 $ 92,464.00 7,951.90 $ 100,415.90 $ 47,414.76 $ 147,830.66 Payments shall he made within 30 days following the date of the invoice or completion of work, whichever is earlier. A Tare chaise of 1 %r percent per month will be assessed on unpaid balances. In the event suit or action, including any appeal therefrom, is brought to enforce any terns of this agreement, the prevailing patty shall bzentitied to such reasonable attorney's fees and costs as may be awarded by the trial and appellate courts. We propose hereby to furnish material and labor— complete in accordance with above specifications, for the sum of. AS STATED ABOVE Dollars $ Payment to be made as follows: 30 day from Billing Date All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond nor control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized e _ Signature O /l /S/ MICRAEL MCCOY. PRES Note: This Proposal may be withdrawn by us if not accepted within ,,,,_ days. Acceptance of Proposal — the above price, specificadons and conditions are satisfactory and are hereby accepted. You are authoriud to do Signature the work as specified. Payment will be made as outlined above. Date of acceptance Signature City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Aeenda Staff Report Agenda Item No. Business Item 7C Meeting Date: July 27, 2010 Subject: Approval of Public Event Application: Prepared by: Patti Kirkpatrick, CMC Celebrate Life Walk for Life and 5K City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Kristin Williams with Celebrate Life Centers submitted an application for a 5K run/walk that will start and finish at the Port of Bremerton Waterfront Park on Saturday, September 25, 201o. The 5K run/walk will include use of the shoulders and sidewalks on Bay Street and Beach Drive with the turn -around point at Retsil. It is my understanding they have secured permission from the Port of Bremerton to use the Waterfront Gazebo. Further, this event will occur during the Farmers Market and no parking should be allowed inside the Market area. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments, which are attached for your review. Recommendation: Staff recommends approving the Public Event application with the conditions set forth by City departments and Fire Department. Motion for consideration: I move to approve the public event application for a 5K run/walk that will start and finish at the Port Orchard Marina Park on Saturday, September 25, 201o, and will include the use of shoulders and sidewalks on Bay Street, Beach Drive to Retsil and back. Alternatives: Deny the applications and/or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Public Event Application Rec a v�D JUN 0 2 2010 OF PORT ORCHARD CITY CLERKS OFFICE NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Sponsoring Name of Person Completing This Application: 6 �T I e) k) t I i� iazn s p Point of Contact: klY`I �s4ih �X G l 1 o m s- Telephoner &0 —& 7Z — Vlo oo !S AAcireaa• q.-Z!/ Fe/a��,rt ,Pj, /s). )�r'� /�rrhmrcaa Il7A- 9&3;�'/' Dates Locati City State Zip Code afEvent Will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: Time Open To Public: / r 0 Z% Anticipated Number Of Visitors: / f1 -' /O!) Time Open To Vendors: Closing Time: "%;LYJ jYn'6—, Pi This application form was designed for use by applicants for various types of events Please answer all questions; you may attach additional pages ifnemssary. 1. 2. What is expected traffic pattern for the event?, Attach a site pin 'eating locption of each ach'v'ty/vendor(s)d fire Imes, garbage, and restroomisaakan(s):We. 111, �l(liJ(� kxuo N naa f Fidl'LtA7m -v,'-tl af-V- the ppYA-f - 3. Describe how public safety, traffic and crowd control will be providelice officers do you anticipate pfor (1_) traffic� ntrol and (2) d control? i\ eC1 crowsMe1 t ��h C 4. Describe how sanitation control (garbage and restrooms),will be provided 5. Hqw manypqrticipants and visitor cars are anti4p4ted qnd where will parking be provided? /d —x 00 6. How have padpng impacts "n coordinated with the neighbors (residential and/or business)? 0'a � V-Ld44 7. Has shuttle service/park and ride lots been coordinated with Mtsap Transit? Describe locations, frequency of service and parpe of contact at ICtsap Transit. Attach written verification of commitment for service from I(Itsap Transit:_ 8. Describe tow fire lanes will be identified and kept open: We ?WLQ tU ettl f- J2e- 9. Will thip event require the closure of any,speet? If so, list street game with dpte and came of 10. If any event activity or vendor requires electrical Conner ions or and how you antidoate meetina their needs: hla-_-W///J M 11. How will the,event area be cleaned before, dyring qnd after the event? , l/ yo "�s will 12. If your event requires vehicles to be bowed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility?)k Yes ❑ No If na a Af person responsible for repder)pg payment of toV/storage charges. If no, explain why: ce l e, Z= (•`,O elpf , 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes ba'no If yes, the owner/manager of subject property must complete and tljgp the following: (Please ask foraddWonal forms ifmu/tip/e properties are being usedand have different owners) Name of property owner: N/r+ Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑ Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject oropgrtv(sl must aomolete and sign the following: Name of property owner: N/1a Authorizing authority: Tide: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide any other information, which you believe, will assist the city in the review process: 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Uability, $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? SIGNATURE OF APPLICANT: (Nebo Date: to —,q —/ Celebrate Life Centers, Inc. 4211 Feigley Rd. W. Port Orchard, WA 98366 City Of Port Orchard 216 Prospect Street Port Orchard, WA 98366 City Clerks Office Contact: Jencane June 3, 2010 Dear City of Port Orchard: Celebrate Life would like to have a 5K and walk that will start and finish at the Port of Bremerton Gazebo. The 5K and walk will include the use of the shoulders and sidewalks on Bay St. and Beach Drive with a turn around point just past Retsil or at Retsil. We are open to other routes. Thank you for your consideration. Sincerely Kristin Williams Director Celebrate Life 360-377-4688 Goole maps Directions Harrison Ave 1.6 mi —abouout 3 mins Save trees. Go green! r- Download Google Maps on your phone at google.com/gmm atta r ��C na Hre P7erlorl 1 w /�OV � Bremni ��G ag `p 166 Port k r%. orchard 166 - M 'South K L:Ap r�gr. ,r:hnm � 166 K PCemste.rii Mile Hill IN i6s +4 Givcris High Point PlayifK;lct Shopping CAnt®r ry_�ry L1 5 m p w s = - y TrP.mUOI St East Port t5F Orchard Co a etsil Allervtw+ Tvtt.l+ Veterans Home, C:emelery 1 Ol :-E NmsU>y� 3, pv Mile Hill Q eh-e Lee L, � n m m ir 4 oPL 0 Sg Map data b2010 Google. 1 of 2 6/1/2010 12:50 PM Jenine Dennison From: Alan Townsend Sent: Monday, July 12, 2010 12:55 PM To: Janine Dennison; James Weaver; Mark Dorsey; Allan Martin; Rogers, Greg Cc: Patricia J. Kirkpatrick; Donna Phipps; Shepherd, Shawn Subject: RE: Public Event Application I have no objection. Would recommend high visibility vests with people in the front and back of the pack. And walk against traffic. Otherwise I don't think its an issue. Alan L. Townsend Chief of Police City of Port Orchard 546 Bay Street Port Orchard, WA 98366 (360) 876-1700 FAX: (360) 876-5546 www.12 ofaortorchard.us From: Jenine Dennison Sent: Friday, July 09, 2010 1:10 PM To: James Weaver; Mark Dorsey; Alan Townsend; Allan Martin; Rogers, Greg Cc: Patricia J. Kirkpatrick; Donna Phipps; Shepherd, Shawn Subject: Public Event Application Good afternoon. I have attached a public event application for Celebrate Life, Walk for Life & 5K. They are asking to use the shoulders and side streets of Bay Street and Beach Drive for their 5K. I ask that you have your comments to me no later than July 21, 2010. Thank you, ,Ienine Dennison Administrative Assistant II City of Port Orchard Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have: received this e-mail message in error, please notify the sender via e- mail or telephone at 36o•876.4407• Jenine Dennison From: Alan Townsend Sent: Monday, July 12, 2010 12:55 PM To: Jenine Dennison; James Weaver; Mark Dorsey; Allan Martin; Rogers, Greg Cc: Patricia J. Kirkpatrick; Donna Phipps; Shepherd, Shawn Subject: RE: Public Event Application I'm assuming its not a mega size group of people and that they won't block the roadway. Alan L. Townsend Chief of Police City of Port Orchard 546 Bay Street Port Orchard, WA 98366 (360) 876-1700 FAX: (360) 876-5546 www. cityo — - torchard. as From: Jenine Dennison Sent: Friday, July 09, 2010 1:10 PM To: James Weaver; Mark Dorsey; Alan Townsend; Allan Martin; Rogers, Greg Cc: Patricia J. Kirkpatrick; Donna Phipps; Shepherd, Shawn Subject: Public Event Application Good afternoon. I have attached a public event application for Celebrate Life, Walk for Life & 5K. They are asking to use the shoulders and side streets of Bay Street and Beach Drive for their 5K. I ask that you have your comments to me no later than July 21, 2010. 1hank you, Jenine Dennison Administrative Assistant II City of Port Orchard Please be aware that e-mails which pertain to C%j business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please not�fij the sender via e- mail or telephone at 36o.876.4407. Memo To �en_i a Dennison, Administra#ive Assistant-'ll; .City of Port Orchard From: Shawn Shepherd, Fire Prevention Technician Date: July 13, 2010 Re: 2010 Celebrate Life Walk for Life and 5K run — Public event The South Kitsap Fire & Rescue Prevention/Education Office has completed a review of the application for public event dated received by email July 9, 2010 for the 2010 Celebrate Life walk for Life and 5K run, to be located between Bay Street Gazebo and Retsil and Bay Street. The event will start at the Bay Street Gazebo, and approves the event with the following comments and stipulations: • Fire department access to the buildings and throughout the area event must consist of the following: o Fire department access shall not be obstructed by any manner, including the parking of vehicles. Fire department access shall be maintained at all times. o The unobstructed width of fire apparatus access roads shall be not less than 20 feet at all times. o All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions or the turning around of fire apparatus. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Page 1 of 1 NOTE: This section to be completed by City staff after application is submitted to the City Clerk. REVIEW AND COMMENT BY POLICE REVIEW AND COMMENT BY FIRE DEPARTMEN"f: REVIEW AND COMMENT BY PUBLIC REVIEW AND COMMENT BY FINANCE•. DEPARTMENT! REVIEW AND COMMENT BY PLANNING DEPARTMFNT: Date Application Received:', ( -n—o r Date Routed to Department:__ Is a Master Vendor's License needed: Yes No Approved �C.G Patricia J. Rirkpah• ,City Clerk or designee DECISION OF CITY COUNCIL: . APPROVE --,Y— DISAPPROVE. DATE OF DECISION: Updated: May 2010 NOTE: This section to be completed by City staff after application is submitted to the City Clerk. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT 13Y PUBLIC REVIEW AND COMMENT BY FINANCE DEPA REVIEW AND COMMENT BY PLANNING DEPARTMENT: i Date Application Received:.'( Date Routed to Department: _ Is a Master Vendor's License needed: _yes No Approved ;j Patricia J. Kirkpatrick, City Clerk or designee DECISION OF CITY COUNCIL: __APPROVE --A/- DISAPPROVE IIATR(1RTNVOTQTn11. Updated: May zoto REVIEW AND COMMENT BY FIRE REVIEW AND COMMENT BY PUBLIC REVIEW AND COMMENT BY FINANCE DEPARTMENT: tiI�Q. REVIEW AND COMMENT BY PLANNING DEPARTMENT: Date Application Received: Is a Master Vendor's License needed: _ yes _ No Date Routed to Department: Approved By Patricia J. Kirkpatrick, City Clerk or designee DECISION OF CITY COUNCIL: APPROVE _ DISAPPROVE DATE OF DECISION: Updated: May 2010 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. Business Item 7D Meeting Date: Subject Discussion: Washington State Office Prepared by: of Public Defense - 2o11 Grant July 27, 2010 Greg Jacoby City Attorney AttyRouting No: 071-10 AttyReview Date: July 21, 2010 Summary: Staff is seeking input from Council as to whether to apply for a competitive 2011 grant from the Washington State Office of Public Defense (OPD) for $18,000 to offset the increase in costs for public defense attorney compensation from 2009-2010. The grant must be received by Office of Public Defense by July 31, 2010. If the City is awarded this grant, the City will be required to adopt an ordinance, which establishes public defense standards for service delivery. The guidelines for service standards are published in RCW 10.101.030. The City will also need to revise its contract with its current Public Defender to incorporate the provisions of these standards (which are required to be included in the contract for services). This was anticipated when the contract for the Public Defender was drafted, and a provision was included to specifically allow these revisions to occur. The City's public defense services would also be subject to increased oversight by a State agency. Staff is concerned that if the City applies for this grant and receives funding that the benefit to the City may be short lived. Specifically, staff is concerned that the conditions imposed by the State (as conditions of grant funding) would actually result in an overall increase to the City for the cost of public defense services, which may or may not be offset by grant funding in the future. Recommendation: Staff requests direction on whether to proceed with the application for a Washington State Office of Public Defense grant in the amount of $18,000. Motion for consideration: I move to authorize staff to pursue a 2011 grant with Washington State Office of Public Defense in an amount up to $18,000, to help offset increased public defender services costs. Fiscal Impact: The grant could provide up to $18,000 to offset the increased cost of public defender services. Staff is concerned that the conditions imposed by the State (as conditions of grant funding) would actually result in an overall increase to the City for the cost of public defense services, which may or may not be offset by grant funding in the future. Alternatives: Not authorize staff to pursue grant funding and adjust future City budgets for increase in costs to public defender services. Attachments: RCW 10.101.030 RCW 10.101.030: Standards. RCW 10.101.030 Standards. Page 1 of 1 Each county or city under this chapter shall adopt standards for the delivery of public defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation, administrative expenses, support services, reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination. The standards endorsed by the Washington state bar association for the provision of public defense services should serve as guidelines to local legislative authorities in adopting standards. (2005 c 157 § 2; 1989 c 409 § 4.) http://apps.leg.wa.gov/RCW/defaLilt.aspx?cite=10.101.030 7/22/2010 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Business Item No. Agenda Staff Report Subject Authorizing the Mayor to Execute Change Order #4 for the Completion Of Well No.11 within 2010 with Charon Drilline. Inc. Meeting Date: July 27, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: NA Atty Review Date: NA Summary: On July 28, 2009 the Port Orchard City Council authorized the Mayor to execute a contract with Charon Well Drilling, Inc. for the Well No. 11 Cable -Tool Drilling Project (PW2009- o1) at McCormick Woods, whereby existing Well Nos. 1, 2, and 3 are to be replaced by new Well No. 11 (formerly Well #5), being a deep aquifer well as required by the State Department of Health. Subsequent to the Notice to Proceed there have been three (3) contract time extension change orders issued, given associated drilling challenges, thereby extending the current contract to December 31, 201o. As reported to the City Council in June 2010 by Doug Dow, Senior Hydrogeologist for Robinson -Noble, Inc., the aquifer thickness encountered at the anticipated aquifer depth of approximately 700-ft was not suitable for producing the necessary well yield. Mud Rotary Drilling via subcontractor Nicholson Well Drilling (using the Charon Well Drilling, Inc. budget) was subsequently authorized and that work activity has now been successfully completed. A suitable aquifer (140-ft screened depth potential) has been identified between 810 and 950-ft depth. In order to develop this Well in 201o, and additional $1oo,000.00 is needed for completion. If the final well development is delayed until 2011, an additional $21,000 will be necessary to cover demobilization/remobilization expenses. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 4, thereby providing an additional $1oo,000.00 to the Charon Drilling, Inc. Contract for a new contract NTE amount of $372,314.50 for the Well No. 11 Cable -Tool Drilling Project (PW2009-01) at McCormick Woods. Motion for consideration: I move to authorize the Mayor to execute Change Order No. 4, thereby providing an additional $1oo,000.00 to the Charon Drilling, Inc. Contract for a new contract NTE amount of $372,314.50 for the Well No. 11 Cable -Tool Drilling Project (PW2009-01) at McCormick Woods. Fiscal Impact: Budgeted item for 2009 within Water/Sewer with approximately 40% of the Work billed in 2oo9 and approximately 6o% carried over into 201o. This project has funds transferred from Fund #403 to Fund 401. Alternatives: None. Attachments: Change Order No. 4 Robinson -Noble letter dated July 13, 2010 7/23/2010 1:53 PM Authorization for Change Order #4 Date: July 27, 2010 Contractor: Charon Well Drilling, Inc. Project: Well 11 Cable -Tool Drilling Contract / Job # PW2001-01 Brief Description of Change Order work (Documentation to be attached): Given the challenges in reaching a viable below sea level aquifer for future City needs, an additional $100,000 is needed to complete the project within 2010. If this work is delayed to 2011, an additional $21,000.00 will be needed for demobilize and remobilize. Original Contract Change Order 1 Change Order 2 Change Order 3 Change Order 4 $272,314.50 $0.00 $0.00 $0.00 $100,000.00 28-Jul-09 08-Dec-09 23-Mar-10 13-Jul-10 27-Jul-10 Council Council Council Council Council Total Contract $372,314.50 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Public ores Director/City Engineer Mayor Attest: City Clerk Change Orders over $15,000 (per project) require Council action. Council Approval Date Common/CITY OF PORT ORCHARD change order Page 1 of 1 July 13, 2010 Mark R. Dorsey, P.E. City Engineer/Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Subject: City of Port Orchard Well 11 Completion Estimates Dear Mark: Charon Drilling has constructed Well 11 using the cable -tool drilling method with 20-, 16-, and 12-inch casing to a depth of 776 feet. At that point the well had penetrated only 40 feet of very silty sand in the target aquifer between 498 and 539 feet. Because we did not believe this zone could support the withdrawal of 750 gpm, Nicholson Drilling was subcontracted through Charon to rotary drill a 6-inch exploratory hole to a depth of 1,080 feet to prove the existence of a deeper aquifer. Our geophysical logs showed good aquifer materials that we propose to screen between g %i n A nfl Q r n faPt Charon's contract with the City for Well 11 has a budget of $272,314.50. Including the subcontracted cost of rotary drilling by Nicholson, the budget expended to date is $214,471.21 leaving a remaining budget of $57,843.29. Charon has budget left in the contract to purchase the proposed well screen assembly and filter sand which would total approximately $43,983 leaving a budget of $17,343.29. We recommend that the well screen assembly materials and sand pack be purchased now for Well 11 even if the Council decides not to finish the well at this time. Completion of Well 11 will require Nicholson to rotary drill 12-inch hole from 776 to 960 feet, install the 250 foot long, 8-inch well screen assembly, sand pack the assembly, and flush out the drilling mud. Nicholson's cost estimate for doing this work now (2010) is $58,623.37, if it has to be done next year (2011) he has to remobilize all of his equipment and the estimated cost will be $73,610.17. Charon will be responsible for final well development and test pumping at the prices shown in his contract. Charon's estimate for completion of Well 11 now (2010) is $58,101 and if they have to remobilize their equipment in 2011, $64,617. City of Port Orchard Well 11 July 13, 2010 Page 2 The estimated cost for completion of Well 11 either now in 2010 or next year, 2011 is: Current Budget Balance $17,343.29 (estimated after purchase of screen assembly) Charon 2010 $58,101 Nicholson 2010 $58,b23.3Z Sub total ($116,724.37) Exceeds current budget by, $ 99,321.08 Charon 2011 $64,617 Nicholson 2011 573,610.17 Sub total ($138,227.1 7) Exceeds current budget by, $120,883.28 (Approximate amount of 2010 Change Order) (Approximate amount of 2011 Change Order) Robinson Noble recommends completing Well 11 while the drilling contractors' equipment is on site and ready to work. However, we recognize that the City's current financial status may not allow completion at this time. The well will not be harmed if completion and testing has to wait until next year. We look forward to successfully completing this important project for the City. Sincerely, Robinson Noble, Inc. Douglas C. Dow, LHG Senior Associate Hydrogeologist/Project Manager