Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
09/14/2010 - Regular - Packet
City Council Meeting Agenda September 14, 2010 CITY OF PORT ORCHARD 7: 00 p.m. Mayor: Lary Coppola Administrative Official 1. CALL TO ORDER A. Pledge of Allegiance Councilmembers: Fred Chang Chair: LTAC 2. CITIZENS COMMENTS Staff: Clerk's office Economic Dev/Tourism Committee Please limit our comments to minutes or items not u or Public Hearin When y 3 f P f 9 Public Property Committee recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). Jerry Childs Chair: Economic Dev/Tourism Committee 3. APPROVAL OF AGENDA Staff. Clerk's Office Finance Committee 4. CONSENT AGENDA John Clauson (Approval of Consent Agenda passes all routine items listed below, which have been Chair: Finance committee distributed to each Councilmemberfor reading and study. Consent Agenda items are not Staff: City Treasurer considered separately unless a Councilmember so requests. In the event of such a request, Utilities/SAC Committee Kitsap County Health the item is returned to Business Items.) A. Approval of Claim Warrants and Payroll Jim Colebank Economic Dev / Tourism Committee B. Approval of the August 17, 2010 Work Study Session Minutes KRCC/PSRC/KEDA/PRTPO C. Approval of the August 24, 2010 Council Meeting Minutes Fred Olin D. Adoption of Resolution No. 029-10, Repealing Resolution No. 1576, Chair: Public Property Committee and Dissolving the Change Fund in the Port Orchard Building Staff: Planning Department Utilities/SAC Committee Department (Martin) Carolyn Powers Public Property Committee 5. PRESENTATION KRCC/TransPol A. Proclamation: Constitution Week Rob Putaansuu Chair: Utilities Committee Staff: Public Works Department 6. PUBLIC HEARING Finance Committee AHousing Authority SAC Committee SC Committee 7, BUSINESS ITEMS Department Director: A. Meeting with Initiating Parties Regarding Notice of Intent to Petition Patti Kirkpatrick, CMC for McCormick East Annexation (Weaver) Administrative Services City Clerk B. Adoption of Resolution No. o o-lo, Amending Resolution No. 12 - P 3 g 3 Allan Martin o9, by Establishing a COLA Increase for Non -Union FLSA Not City Treasurer Exempt Employees (Howard) Debbie Hunt C. Adoption of Resolution No. 031-1o, Amending Resolution No. 122- Court Administrator o9, By Establishing a COLA Increase for Non -Union FLSA Executive James Weaver Exempt (Howard) Development Director D. Approval of Resolution No. 032-1o, Approving the Planning oTownsend Department's Administrative Assistant Position to Full Time through 2010 (Howard) Mark Dorsey, P.E. Public Works Director E. Approval of Contract No. 0 71-09, Extending Completion Date for the City Engineer Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project Contact us: with N. L. Olson and Associates, Inc. (Dorsey) 216 Prospect Street Port Orchard, WA 98366 (36o) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 September 14, 2010, Meeting Agenda Page 1 of 2 F. Ratification of Mayor's Signature on Contract No. 056-1o, for 2011 Stormwater Retrofit and LID Grant Application with the Department of Ecology (Archer) G. Approval of Contract No. 048-1o, Authorizing the Mayor to Execute and Accept the Municipal Stormwater Capacity Grant with the Department of Ecology (Archer) H. Approval of Contract No. 057-1o, Authorizing the Mayor to Execute Contract with Apply -A - Line for the 2010 Street Paint Striping (Dorsey) I. Approval of Contract No. 058-1o, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Regarding Traffic Signal and Street Light Maintenance (Dorsey) J. Approval of Public Event Application: Waterfront Art Walk (Kirkpatrick) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS A. Update: Tremont Corridor (Dorsey) B. Update: Annexations (Weaver) 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: The City Council will hold an Executive Session to discuss potential litigation in accordance with RCW 42.3o.11o(B). The Executive Session will be 3o-minutes. 13. ADJOURNMENT COMMITTEE MEETINGS Finance Committee Tourism Committee Utilities Committee Sewer Advisory Committee (SAC) Public Property Committee Work Study Session Date & Time Location September 27, 2010 Myhre's 7:30 a.m. September 15, 2010 City Hall 5:30 p.m. T.B.D. Myhre's 7:30 a.m. September 22, 2010 S.K.W.R.F. 6:30 p.m. September 14, 2010 Myhre's 7:30 a.m. September 21, 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 September 14, 2010, Meeting Agenda Page 2 of 2 saw € nil; i� City of Port Orchard Council Meeting Minutes Work Study Session of August 17, 2010 1. 7:00 p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Carolyn Powers, Jerry Childs, John Clauson, Jim Colebank, and Fred Olin was present., City Treasurer Allan Martin, Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Administrative Assistant Jenine Dennison, HR Coordinator Deborah Howard, and City Attorney Greg Jacoby were also present. Discussion: Personnel Policy Revisions HR Coordinator Howard reported the final draft of the City's personnel policy manual, which has not been updated since 1999, was ready for their review and discussion. Further, she requested direction on whether the Council would like the revised policies to be sent to the various collective bargaining units for review and/or approval. Ms. Howard noted some of the changes included up to date information for family medical leave act (FMLA); use of City property, including cell phones, internet, and other electronic devices; educational tuition reimbursement; and domestic violence language was been added. Council Direction: Staff to provide the updated personnel policy manual to the Collective Bargaining Units (CBU) and for the Personnel Attorney to work with said CBU's to approve the revised policy and procedures. Final approval by Council once the CBU's have agreed. Discussion: Amendment No. 1 to Kitsap Regional Library Contract City Clerk Kirkpatrick advised that should City residents vote to annex into the Kitsap Regional Library District that Section 4, which relates to contract fees, of the existing contract with the Kitsap Regional Library would need to be amended. She was contacted by Ms. Susan Whitford of KRL who provided a draft amendment to the contract, which upon Council direction would be brought forward at the first meeting September. City Attorney Jacoby further explained that if the proposition passes, the Council would adopt the amendment, clarifying what would happen to the payments. He stated the contract itself would not go away, but the Council would be amending Section 4. Council Direction: The Kitsap Regional Library contract is remanded to the Public Property Committee for review and to bring forward a recommendation to the Council in September. Discussion: Website Upgrades and Social Media Mayor Coppola reported that he had attended training at the Association of Washington Cities annual conference in June. One of the trainings he attended was regarding social media, noting that not only was it time to upgrade the City's webpage to be more user friendly, with better features, but that many cities have Twitter and Facebook accounts as another means to reach a wider audience. He stated that prior to posting to a Facebook account, the information would need to be posted on the City's website; Staff and Councilmembers would be discouraged from responding to postings; and that City Clerk would monitor the Facebook account, which would include postings and removing unwanted information. August 17, 2010, Work Study Session Minutes Page 2 of 4 Council Direction: No Social Media account(s) would be allowed at this time due to budget and staffing needs. Discussion: City's Facility Upgrades Mayor Coppola reported that due to City Hall being over ten years old, and upgrades needed to the Library building, he would like to use some of the Real Estate Excise Tax (REET) funds to make some necessary improvements to both buildings. Public Works Director Dorsey explained that the City is getting bids for item such as, noting this is not an all inclusive list: replacement of the windows; upgrades to HVAC unit; painting, carpet replacement, etc. Council Direction: Staff would compile the bid information and bring back to the September Work Study Session for further discussion. Discussion: National Arbor Day Foundation Request Mayor Coppola states that we have an opportunity to become a tree city and get a tree city USA flag from the National Arbor Day Foundation. Council Direction: Council determined it was not in the City's best interest to become a "Tree City" at this time. Discussion: Political Solicitations Mayor Coppola explained that a number of the Councilmembers, including himself, have been receiving political solicitations from candidates who are running for statewide office and requested direction to send a letter asking that political information not be sent to the City's email accounts. Council Direction: Mayor Coppola will write a letter to the candidates requesting the candidates remove City emails from their group email listings. Discussion: Veteran's Memorial Wall Planning Director Weaver received a request from the Port Orchard Veterans of Foreign Wars (VFW) to place a permanent 8 foot tall by 14 foot wide solid concrete wall as a memorial to the men and women who have served our Country. The VFW's request was to place the memorial wall on the green strip between the Port of Bremerton offices and the Foot Ferry terminal; however, that is over the City's sewer main of which there is an easement stating nothing can be placed over this line. The Public Property Committee reviewed this matter on June 8, 2010, and recommended the VFW explore placement of the memorial by the torpedo, which is on the Port's property. At 8:15 p.m. Mayor Coppola reported that preliminary reports indicated the Library ballot measure was passing with 72% in favor of annexing into the Kitsap Regional Library District. Council direction: Staff would incorporate an element into the Master Parks Plan that would allow for various locations for memorials. August 17, 2010, Work Study Session Minutes Page 3 of 4 Discussion: 2010 Comp Plan Update Development Director James Weaver reported on the preliminary docket for the 2010 Comprehensive Plan Update. The 2010 amendments will include any site -specific plans received by June 15, 2010, of which the City has only received one. Council Direction: Staff would proceed with amendments to the Comprehensive Plan Update to be completed by the end of 2010. Discussion: Country -Wide Planning Policy Updates Development Director James Weaver reported that the County -wide Planning Policy is mandatory, noting that County Planners have been working with the Kitsap Regional Coordinating Council (KRCC) for over a year regarding the proposed updates, which was before them for further comment, if any. Council Direction: Staff would look to delay this matter for at least one year. The City Attorney would research whether or not the City could start its own Metropolitan Planning Organization (MPO) or join another MPO such as Thurston or Olympic Peninsula Counties and report back at the September Work Study Session. Discussion: McCormick Woods Developer Park Plan Development Director James Weaver provided a development draft agreement with GEM1, regarding a section of land adjacent to Campus Parkway, which would add to the McCormick Village Park Plan. Doug Skrobut of McCormick Land Company offered that the property would be deeded by GEM1 to the City; the City would be responsible for maintaining the stormwater pond; and improvements to the property would be subject to the City's code requirements. Council Direction: Staff will bring forward a Developer's Agreement for consideration at a future Council meeting. Discussion: Boat Launch (Dekalb Pier/Water Street Ramp) Public Works Director Mark Dorsey explained that the City could provide maintenance to the ramp, but the City would need to pursue permitting in order to extend the ramp. Recently, the Public Works staff filled the holes with rock, which removed the false sandbar and pictures were taken before the work was done and after. At the first low tide of spring 2011, Public Works staff will review the area to determine if this was a viable solution. Mr. Dorsey indicated that there was a grant available that could provide the necessary funding for design to replace floats and pilings, and to extend the pier to be equal to the Port of Bremerton. Mr. Dorsey reported that the Dekalb Pier sits within the DNR aquatic lands and that he had been contacted by Tim Tweten, Lighthouse Restaurant, to make repairs to the pier in order to use it. Some August 17, 2010, Work Study Session Minutes Page 4 of 4 work has been completed and Mr. Dorsey would be inspecting their work to determine if the pier was safe to reopen to the public. Council Direction: Staff would pursue grant funds in 2011 to be used for future repairs at Dekalb Pier and for redesign of the Boat ramp. Discussion: Tremont Street Lighting Public Works Director Dorsey received a request from Puget Sound Energy regarding the City's input on lighting for the Tremont Street Widening Project. He provided several examples of what other City's have done. Council Direction: Staff will research the costs to use the light pole that the City of Sumner uses, with the light heads to be similar to the ones used by the City of Tenino. Discussion: WaterPak and USGS Groundwater Survey Public Works Director Dorsey reported that Bainbridge Island finished their USGS Groundwater Survey. USGS has approached the Kitsap Peninsula through WaterPak about doing a groundwater survey in the Kitsap Peninsula. Mr. Dorsey explained this is a 5-year process, with Kitsap Public Utilities District No. 1 (KPUD) being the lead agency. KPUD has requested each City to provide a resolution indicating the City's willingness to participate in the Groundwater Survey, and noted this data will be useful to staff for future water issues. Council Direction: Mayor Coppola and Councilmember Clauson will meet with KPUD to discuss the USGS Groundwater Survey and its associated costs and report back to the Council. Discussion: Council Review of Goals and Objectives This item was moved to the September 21, 2010, Council Work Study Session. Next Work Study Session- Tuesday, September, 21, 2010 At 9:33 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor 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. Consent Agenda 4D Subject: Adoption of Resolution No. 029-10, Repealing Resolution No. 1576, and Dissolving the Change Fund in the Port Orchard Building Department Meeting Date: September 14, 2010 Prepared by: Allan J. Martin Atty Routing No: Atty Review Date: Treasurer NA NA Summary: In an effort to improve customer service, eliminate duplication and reduce overall cost, Treasurer Staff embarked on a review of various finance procedures. Working closely with Public Works and the Planning Department, staff identified and put in place new procedures that provide for "one stop shopping" for city customers. Building permits and planning review fees are now paid directly to the Treasurer, just a few short steps from Building and Planning, eliminating duplication. Benefits include efficiencies in cash handling, shorter deposit times, and freeing Building and Planning to focus on their core responsibilities. Planning staff finishes the permit paperwork while the customer is making payment to the Treasurer. Previous procedures required payments be made directly to Public Works and Planning. This required a cash drawer, cash handlers, receipting, accounting and audit function. Day end deposits were made across the hall at the Treasurer's Office, resulting in a second receipting, accounting, and audit function. This Resolution dissolves the Change Fund authorized in 1991 and used by the Building Department to fund the cash drawer. Because the Change Fund is no longer needed it is prudent that the authorization be removed. If City Departments are someday relocated making it inconvenient for customers to access the Treasurer's Office a new resolution authorizing a Change Fund can be authorized along with the best practices for its use under the circumstances then prevailing. The new procedures are in step with the Mayor's initiative to reduce paper and enhance customer service and convenience. Recommendation: Staff recommends repealing the Building Department Change Fund. Motion for consideration: I move to adopt Resolution No. 029-1o, Repealing Resolution No. 1576 and dissolving the change fund in the Port Orchard Building Department. Fiscal Impact: None Alternatives: Take no action and leave the authority for Building Department Change Fund intact. Attachment: Ordinance No. 029-10 Introduced by: Allan J. Martin Requested by: City Treasurer Drafted by: Allan J. Martin Introduced: September 14, 2010 Adopted: RESOLUTION NO. 029-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 1576 AND DISSOLVING THE CHANGE FUND IN THE PORT ORCHARD BUILDING DEPARTMENT WHEREAS, in 1991 a Change Fund was established for the Building Department which collected money and made change; and WHEREAS, current practice provides for Building Department fees to be paid directly to the Treasurer allowing for better use of staff and efficient customer service; and WHEREAS, the Change Fund is no longer needed to serve a public need; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Change Fund in the Building Department is hereby dissolved. THAT: Resolution No. 1576 is hereby repealed. 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 14th day of September 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. Business Item 7C Subject: Adoption of Resolution No. o31-lo, Amending Resolution No. 122-09, By Establishing a COLA Increase for Non -Union FLSA Executive Exempt Meeting Date: September 14, 2010 Prepared by: Deborah Howard HR Coordinator Atty Routing No: Atty Review Date: September 8, 2010 Summary: At the December 11, 2009, Finance Committee meeting, the Committee proposed that Wage Pay Rates be addressed on a yearly basis for non union employees. At the August 27, 2010 Finance Committee meeting they directed the staff to proceed with a two percent (2%) COLA to match the union contracts for 2olo. The following is a change that is recommended by the Finance Committee to match those Union Contracts that have been re -negotiated and approved in 2010: SECTION 4. WAGES AND LONGEVITY PAY 4.1.1 Effective October 1, 2010, the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 201o, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). The City's non -union represented employees are classified as either FLSA Not Exempt or FLSA Executive Exempt. Recommendation: Staff recommends adoption of Resolution No. 031-1o, amending Resolution No. 122-09, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Executive Exempt. Motion for consideration: I move to adopt Resolution No. 031-lo, amending Resolution No. 122- o9, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Executive Exempt. Fiscal Impact: The City will have an increase in cost over the next fiscal year as reflected in the 2011 budget. Alternatives: Not approve this request Attachment: Resolution No. 031-10 Introduced by: HR Coordinator Requested by: HR Coordinator Drafted by: HR Coordinator Introduced: September 14, 2010 Adopted: RESOLUTION NO.031-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 122-o9, BY ESTABLISHING A COLA INCREASE EFFECTIVE OCTOBER 1, 2oio, FOR NON -UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA EXECUTIVE EXEMPT WHEREAS, the City of Port Orchard has established certain employment benefits for non -union employees; and WHEREAS, the City Council deems it in the best interest of the City and City employees to periodically review and update employment benefits and, in so doing, has determined it is appropriate to adjust the rates of pay for non -union employees by providing a cost of living adjustment; now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION i. Section 4 of Resolution No. 122-09, of the City of Port Orchard is hereby amended to read as follows: SECTION d. WAGES AND LONGEVITY PAY 1. All employees covered by this Resolution shall be classified and compensated in accordance with the City's annual budget. LL Effective October 1, 2010, the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982 - 1984 = too) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 2oto, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). 2. Employees hired before November 1, 2001, shall be eligible to receive longevity pay as follows: 2.1. After completion of two (2) years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -quarter of one percent (.25%) for each Resolution No. 031-10 Page 2 of 2 additional year of employment. Each longevity pay increase shall commence on his/her anniversary date of employment and each longevity increase shall be calculated on the base pay for the position held by the employee. 2.2. Longevity pay will be granted to eligible employees and adjusted thereafter on the anniversary date of their employment. 3. Employees hired after November 1, 2001 shall not be eligible to receive longevity pay. SECTION 2. This Resolution shall not change or limit other benefits not listed that covered employees currently have through their employment with the City. SECTION.I. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. 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 14th day of September 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. Consent Agenda 4D Subject: Adoption of Resolution No. 029-10, Repealing Resolution No. 1576, and Dissolving the Change Fund in the Port Orchard Building Department Meeting Date: September 14, 2010 Prepared by: Allan J. Martin Atty Routing No: Atty Review Date: Treasurer NA NA Summary: In an effort to improve customer service, eliminate duplication and reduce overall cost, Treasurer Staff embarked on a review of various finance procedures. Working closely with Public Works and the Planning Department, staff identified and put in place new procedures that provide for "one stop shopping" for city customers. Building permits and planning review fees are now paid directly to the Treasurer, just a few short steps from Building and Planning, eliminating duplication. Benefits include efficiencies in cash handling, shorter deposit times, and freeing Building and Planning to focus on their core responsibilities. Planning staff finishes the permit paperwork while the customer is making payment to the Treasurer. Previous procedures required payments be made directly to Public Works and Planning. This required a cash drawer, cash handlers, receipting, accounting and audit function. Day end deposits were made across the hall at the Treasurer's Office, resulting in a second receipting, accounting, and audit function. This Resolution dissolves the Change Fund authorized in 1991 and used by the Building Department to fund the cash drawer. Because the Change Fund is no longer needed it is prudent that the authorization be removed. If City Departments are someday relocated making it inconvenient for customers to access the Treasurer's Office a new resolution authorizing a Change Fund can be authorized along with the best practices for its use under the circumstances then prevailing. The new procedures are in step with the Mayor's initiative to reduce paper and enhance customer service and convenience. Recommendation: Staff recommends repealing the Building Department Change Fund. Motion for consideration: I move to adopt Resolution No. 029-1o, Repealing Resolution No. 1576 and dissolving the change fund in the Port Orchard Building Department. Fiscal Impact: None Alternatives: Take no action and leave the authority for Building Department Change Fund intact. Attachment: Ordinance No. 029-10 Introduced by: Allan J. Martin Requested by: City Treasurer Drafted by: Allan J. Martin Introduced: September 14, 2010 Adopted: RESOLUTION NO. 029-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 1576 AND DISSOLVING THE CHANGE FUND IN THE PORT ORCHARD BUILDING DEPARTMENT WHEREAS, in 1991 a Change Fund was established for the Building Department which collected money and made change; and WHEREAS, current practice provides for Building Department fees to be paid directly to the Treasurer allowing for better use of staff and efficient customer service; and WHEREAS, the Change Fund is no longer needed to serve a public need; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Change Fund in the Building Department is hereby dissolved. THAT: Resolution No. 1576 is hereby repealed. 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 14th day of September 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk PROCLAMATION WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2010 marks the two hundred twenty third anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent Document and its memorable anniversary, and to the patriotic celebration which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17through 23, 2010 as Constitution Week; and NOW, THEREFORE, I, Lary Coppola, by virtue of the authority vested in me as Mayor of the City of Port Orchard (in the State of Washington) do hereby proclaim the week of September 17through 23, 2010 as "CONSTITUTION WEEK" and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Signed this 14th day of September 2010, Lary Coppola, Mayor 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 7A Meeting Date: September 14, 2010 Subject: Meeting with Initiating Parties Prepared by: James R. Weaver _Regarding Notice of Intent to Development Director Petition for McCormick East Atty Routing No: NA Annexation Atty Review Date: NA This motion is before the Council: Councilmember Powers MOVED and Councilmember Chang seconded the motion to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map. Summary: A Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 1o9.88 acres. The parcels are located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels have a County Comprehensive Plan designation of Urban Low -Density Residential with zoning of Urban Low Residential. The notice of intent was considered by City Council on August 24, 2010 at the Council regular meeting and was postponed to the September 14, 2010 meeting. The property is currently classified as 88o-Forest Land. RCW Ch. 84.33 provides that land of twenty or more contiguous acres primarily devoted to and used for growing and harvesting timber may be assessed, for purposes of property tax collection, based on the current use of the land. In Kitsap County, forest land assessed values are substantially reduced for the program and average about $125 per acre. This accounts for the low total valuation of the proposed annexation. The classification may be removed at any time by the applicant, and a compensating tax imposed, upon the owner's request, a change of use, or the sale or transfer of property when the new owner does not wish to continue the forest tax classification program. These two parcels comprise a portion of the unincorporated Urban Growth Area located to the east of the McCormick Woods annexation area, south of the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the Washburn-Grant-Crother Annexation area (annexed May 09, 2009). There are ten additional unincorporated parcels in this general UGA area. One parcel houses the South Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road SW. One parcel straddles Glenwood Road SW, with the undeveloped portion to the west in the UGA. The remaining seven parcels are developed for single family residential use. These additional ten parcels were included in McCormick East annexation area as proposed by the 2009 Planning Department map delineating future areas of annexation. The area of all twelve parcels effectively includes annexation of the entire UGA in this area. The Notice of Intent provided by the applicant leaves the Fire District parcel as an island, disconnected from the other nine remaining parcels in the area, necessitating two separate annexation processes if the City were to incorporate the remainder of the UGA into the City. Additionally, the boundary as proposed may not meet the logical boundary objective of the Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. The notice of intent was conducted on August 24, 2olo at the City Council regular meeting and was postponed to the September 14, 2010 meeting. City Council directed Department staff to conduct a survey of the property owners who may be included in the McCormick East annexation area. A survey was conducted and a positive response from more than the majority of property owners was expressed. A summary of the parcel survey is attached. Recommendation: Staff recommends that the Council geographically modify the proposed McCormick East annexation to include the parcels depicted on the McCormick East Annexation Alternative Map (including parcels 102301-3-0o8-2002, 102301-3-009-2001, 102301-3-o16- 2002, 102301-3-017-2001, 102301-3-018-2000, 102301-3-019-2009, 102301-3-021-2005, 102301-4-057-2000, 1523o1-1-016-2001, 152301-1-017-2000, 152301-2-012-2003, and 152301- 2-013-2002). Motion for consideration: I move to amend to modify the Notice of Intent to Petition for Annexation by expanding the geographic area to be annexed from the two parcels initially proposed to a total of twelve parcels, as listed in the staff report and depicted on the McCormick East Annexation Alternative Map; to require the simultaneous adoption of a comprehensive plan for the area to be annexed; and to require the assumption of existing city indebtedness by the area to be annexed. Alternatives: Allow circulation of the annexation petition as proposed, geographically modify the proposed annexation, or reject the annexation. Attachments: Notice of Intent to Petition for Annexation Legal Descriptions and Map provided by Applicant in the Notice of Intent Valuation certification McCormick East Annexation Alternative Map with recommended area List of parcels within the recommended McCormick East Annexation area Summary of Parcel Survey Page 2 of 2 NOTICE OF INTENT TO PETITION FOR ANNEXATION TO THE CITY OF PORT ORCHARD Proposed Annexation Name kCCDfmtt�- 6* File No. Total Assessed Valuation of Proposed Annexation $ (ogo Total Assessed Valuation Represented by Signatures $ I411bg0t Percent of Assessed Valuation Represented by Signatures ( IW %) The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RC W 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RC W 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name: -"'A *A" Signature: r ��'rtL !1 A t Property Address/Location: Gltt t4ow l RoIJ Date: Tax ParcelNumber(s): I43oh-3-6uV?wX C4 3- %Q- Planning Form 004 Nolim or Intent to Petition For Annexation Application (Rev. 09'09) LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, RANGE i EAST, W.M., KITSAP COUNTY, WASHINGTON; >>>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR MCCORMICK WOODS DRIVE SW UNDER AUDITOR'S FILE NO.200610090200, RECORDS OF KITSAP COUNTY, WASHINGTON. Together with THE EAST HALF OF THE NORTHWEST QUARTER LYING WESTERLY OF GLENWOOD ROAD AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 15, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. >>>EXCEPT FOR THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, AS CONVEYED UNDER AUDITOR'S FILE NO.200011090231, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF GLENWOOD ROAD S.W. WITH S.W. DEPOT COURT, ACCORDING TO THE PLAT OF GLENWOOD STATION DIVISION 3 RECORDED IN VOLUME 26 OF PLATS, PAGE 209, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID CENTERLINE INTERSECTION BEING DOCUMENTED WITH A 2 DIAMETER BRASS DISK SET IN THE ROAD SURFACE; THENCE NORTH 671,04135 WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY MARGIN OF GLENWOOD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 22*55'25 WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 22*55'25 WEST 150.00 FEET; THENCE NORTH 67*04'35 WEST 5.00 FEET; THENCE SOUTH 22*55'25 WEST 90.57 FEET; THENCE NORTH 67*04'35 WEST 195.14 FEET; THENCE NORTH 21*13145 WEST 290.37 FEET; THENCE NORTH 41*08'56 EAST 282.75 FEET; THENCE SOUTH 23*09'29 EAST 272.18 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 43*55'06 AN ARC DISTANCE OF 130.31 FEET TO THE TRUE POINT OF BEGINNING.»>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR GLENWOOD ROAD UNDER AUDITOR'S FILE NO. 200507130146, RECORDS OF KITSAP COUNTY, WASHINGTON.>>>EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR MCCORMICK WOODS DRIVE SW UNDER AUDITOR'S FILE NO.200610090200, RECORDS OF KITSAP COUNTY, WASHINGTON. Certification of Letter of Intent City of Port Orchard I, James R. Weaver, Development Director of the City of Port Orchard, do hereby certify that I received on August 05, 2010, a Notice of Intent to Commence Annexation Proceedings for an area located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in that portion of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The petition contained the signature of property owner's authorized agent, which was verified by comparing it with signed documents on file. The assessed valuation of the area proposed to be annexed is $12,640.00. The assessed valuation of signatures represents $12,640.00. The signatures therefore constitute more than the required 10 percent, which figure would be $1,264.00. SIGNED this Oh day of August, 2010 :s R. Weaver Orchard Development Director cD z z w w w w w w w w w w w w V M M M M M M M M M M M M N N N N N N N N N N N N N O O O O O O O O O O O Q O O O O O O O O O O O O W1 O (p OMD 001 V(0 (D O O N J M f� N (n M O N O Ln oM 1- Q i- (A fA fA fA fA fA fA (A f9 fA b9 fA N O (O (O NU� N. N. N N M N N V (O M (n M N— — N O N O w M U Q U) ❑ 0 N 0 w ❑ U) 0 Y W 0 0 0 0 0 0 0 o w c o 2� 2� ?� o � 2 o 0 m Z Z Z Z Z Z Z (n Z 0 y Nw w w w w w NLLJU N Q J J J J J J J J U 7 N O N O N W M H N V f0 Z Z (moo r Z w IL ❑ J ¢ Q Y o Z z❑ Z Q W W Q Y d Z = w 0 0 M w o 0 Q Q W Z of ❑ w❑ Y J Z W 0 w 2 Kf Q Q Z 7 J❑ } W M 0 < H w z W 0 U)W d 2> J (n 0= 0 n 0 O Z Z Q 0 U) o QQ2 J Q J o U W W 7 4. (o W 5 J N X J_ ELD w pJ, j Q w 0 W� w 00 W Q S Q w W w Y H g U M 0 E. C7 N O M v O . 0 m N 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 p N N N N N N N N N N N N ❑ Z O O 0 O ti O '-1 O c-I O c-I O N O V1 O rl O c-I O r-1 O O Jl (`M f+'1 M M m m tt1 V ti c-1 N (V w ti ti N H ti ti ti ti N ti V o 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N a o 0 0 0 0 0 0 o �n 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 7B Subject: Adoption of Resolution No. o o-10 Amending Resolution No. 123-09, By Establishing a COLA Increase for Non -Union FLSA Not Exempt Employees Meeting Date: September 14, 2010 Prepared by: Deborah Howard Atty Routing No: HR Coordinator NA Atty Review Date: September 8, 2010 Summarv: At the December 11, 20o9, Finance Committee meeting, the Committee proposed that Wage Pay Rates be addressed on a yearly basis for non union employees. At the August 27, 2010, Finance Committee meeting they directed the staff to proceed with a two percent (2%) COLA to match the union contracts for 2010. The following is a change that is recommended by the Finance Committee to match those Union Contracts that have been re -negotiated and approved in 2010: SECTION 4. WAGES AND LONGEVITY PAY 4.1.1 Effective October 1, 2010 the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 20to, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). The City's non -union represented employees are classified as either FLSA Not Exempt or FLSA Executive Exempt. Staff has prepared a resolution and staff report for each employee classification. Recommendation: Staff recommends adoption of Resolution No. 030-1o, amending Resolution No. 123-09, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Not Exempt. Motion for consideration: I move to adopt Resolution No. 03o-1o, amending Resolution No. 123- og, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Not Exempt. Fiscal Impact: The City will have an increase in cost over the next fiscal year as reflected in the 2011 budget. Alternatives: Not approve this request Attachment: Resolution No. 030-10 Introduced by: HR Coordinator Requested by: HR Coordinator Drafted by: HR Coordinator Introduced: September 14, 2010 Adopted: RESOLUTION NO. 030 -10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 123-og, BY ESTABLISHING A COLA INCREASE EFFECTIVE OCTOBER 1, 2oto, FOR NON -UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA NOT EXEMPT WHEREAS, the City of Port Orchard has established certain employment benefits for non -union employees; and WHEREAS, the City Council deems it in the best interest of the City and City employees to periodically review and update employment benefits and, in so doing, has determined it is appropriate to adjust the rates of pay for non -union employees by providing a cost of living adjustment; now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION i. Section 4 of Resolution No. 123-09, of the City of Port Orchard is hereby amended to read as follows: SECTION a. WAGES AND LONGEVITY PAY 1. All employees covered by this Resolution shall be classified and compensated in accordance with the City's annual budget. LL Effective October 1, 2010 the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982 - 1984 = 1oo) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 201o, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). 2. Employees hired before November 1, 2001, shall be eligible to receive longevity pay as follows: 2.1. After completion of two (2) years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -quarter of one percent (.25%) for each Resolution No. 030-10 Page 2 of 2 additional year of employment. Each longevity pay increase shall commence on his/her anniversary date of employment and each longevity increase shall be calculated on the base pay for the position held by the employee. 2.2. Longevity pay will be granted to eligible employees and adjusted thereafter on the anniversary date of their employment. 3. Employees hired after November 1, 2001 shall not be eligible to receive longevity pay. SECTION 2. This Resolution shall not change or limit other benefits not listed that covered employees currently have through their employment with the City. SECTION �. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. 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 14th day of September 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. Business Item 7C Subject: Adoption of Resolution No. o31-lo, Amending Resolution No. 122-09, By Establishing a COLA Increase for Non -Union FLSA Executive Exempt Meeting Date: September 14, 2010 Prepared by: Deborah Howard HR Coordinator Atty Routing No: Atty Review Date: September 8, 2010 Summary: At the December 11, 2009, Finance Committee meeting, the Committee proposed that Wage Pay Rates be addressed on a yearly basis for non union employees. At the August 27, 2010 Finance Committee meeting they directed the staff to proceed with a two percent (2%) COLA to match the union contracts for 2olo. The following is a change that is recommended by the Finance Committee to match those Union Contracts that have been re -negotiated and approved in 2010: SECTION 4. WAGES AND LONGEVITY PAY 4.1.1 Effective October 1, 2010, the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 201o, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). The City's non -union represented employees are classified as either FLSA Not Exempt or FLSA Executive Exempt. Recommendation: Staff recommends adoption of Resolution No. 031-1o, amending Resolution No. 122-09, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Executive Exempt. Motion for consideration: I move to adopt Resolution No. 031-lo, amending Resolution No. 122- o9, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Executive Exempt. Fiscal Impact: The City will have an increase in cost over the next fiscal year as reflected in the 2011 budget. Alternatives: Not approve this request Attachment: Resolution No. 031-10 Introduced by: HR Coordinator Requested by: HR Coordinator Drafted by: HR Coordinator Introduced: September 14, 2010 Adopted: RESOLUTION NO.031-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 122-o9, BY ESTABLISHING A COLA INCREASE EFFECTIVE OCTOBER 1, 2oio, FOR NON -UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA EXECUTIVE EXEMPT WHEREAS, the City of Port Orchard has established certain employment benefits for non -union employees; and WHEREAS, the City Council deems it in the best interest of the City and City employees to periodically review and update employment benefits and, in so doing, has determined it is appropriate to adjust the rates of pay for non -union employees by providing a cost of living adjustment; now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION i. Section 4 of Resolution No. 122-09, of the City of Port Orchard is hereby amended to read as follows: SECTION d. WAGES AND LONGEVITY PAY 1. All employees covered by this Resolution shall be classified and compensated in accordance with the City's annual budget. LL Effective October 1, 2010, the rates of pay set forth above may be increased by one hundred percent (t00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982 - 1984 = too) for the Seattle -Tacoma -Bremerton area for that period from June, 2009 to June, 2oto, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than two percent (2%) nor more than four percent (4%). 2. Employees hired before November 1, 2001, shall be eligible to receive longevity pay as follows: 2.1. After completion of two (2) years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -quarter of one percent (.25%) for each Resolution No. 031-10 Page 2 of 2 additional year of employment. Each longevity pay increase shall commence on his/her anniversary date of employment and each longevity increase shall be calculated on the base pay for the position held by the employee. 2.2. Longevity pay will be granted to eligible employees and adjusted thereafter on the anniversary date of their employment. 3. Employees hired after November 1, 2001 shall not be eligible to receive longevity pay. SECTION 2. This Resolution shall not change or limit other benefits not listed that covered employees currently have through their employment with the City. SECTION.I. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. 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 14th day of September 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. Business Item 7D Subject: Adoption of Resolution No. 032-10, Approving the Planning Department's Administrative Assistant Position to Full Time Throueh 2010 Meeting Date: September 14, 2010 Prepared by: Deborah Howard HR Coordinator Atty Routing No: NA Atty Review Date: September 8, 2010 Summary: On August 27, 2010 the Finance Committee met and recommended support of the Planning Department's proposal to change the Planning Department's Administrative Assistant to full time. The proposal from the Planning Department, identifying the existing shoreline tasks performed by the position, utilized Department of Ecology 2010 Shoreline Grant Funding and resulted in no change to the 2010 Planning Budget for making the Administrative Assistant position full time for the remainder of 2010. The Planning and Engineering Department's existing resources were historically provided through a job share for this position, first reviewed by the Finance Committee on February 20, 2oo8 and approved by City Council in March 11, 20o8. The Planning Department Administrative Assistant serves the department in multiple existing responsibilities including: Clerk to the Hearing Examiner, preparing public notices, annexation processing, department distribution mailings for Planning Commission meetings, Planning Department Website updates, project filing and records keeping, permit intake and distribution, processing and publications of SEPA determinations, and preparing Planning Commission, Design Review Board, and Public Hearing minutes for the City Hearing Examiner. Further, additional duties have heavily involved the public outreach, facilitation, editing, production and distribution of the Shoreline Master Program Update. It has been identified that substantial duties provided toward this effort may be grant funded with no change to the 2olo allocated Planning Budget. The HR Coordinator met with the Planning Department Administrative Assistant to ensure full understanding that this position would be supported by a portion of the Shoreline Master Grant to ensure full time status through the end of 2010; and further that there was no guarantee that this full time funding and/or status would remain in the 2011 budget until it was approved. In discussing this matter with Assistant City Attorney, Dave Luxenberg, the Planning Department Administrative Assistant has agreed to sign a memorandum of understanding that she will have full time status through the end of 2olo and that there was no guarantee that full time funding would be allocated in the 2ou budget. Recommendation: On behalf of the Finance Committee, Staff recommends the Planning Department's Administrative Assistant becomes a temporary full time position with salary and benefits through the end of 2010. Motion for consideration: I move to adopt Resolution No. 032-10, approving the Planning Department's Administrative Assistant position to full time with salary and benefits through the end of 2010, utilizing a portion of the DOE Shoreline Grant funds in the amount of $11,429.64; and further authorize the Mayor to execute a memorandum of understanding with the Administrative Assistant that full time funding may not be allocated as part of the 2011 budget. Fiscal Impact: $11,429.64 of the existing 2010 Planning Department budget DOE Shoreline Grant funds will be re -allocated to providing Administrative Assistant full time salary and benefits. No change to the 2010 Planning Department Budget is required or proposed. Alternatives: Deny the proposed change. Attachments: Resolution No. 032-10 Memorandum to Finance Committee dated July 30, 2010 Page 2 of 2 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 032-10 HR Coordinator HR Coordinator HR Coordinator September 14, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE PLANNING DEPARTMENT'S ADMINISTRATIVE ASSISTANT POSITION TO FULL TIME THROUGH 2O10 WHEREAS, it is necessary for the City to periodically review the duties and responsibilities of all employment positions; and WHEREAS, the Planning Department's Administrative Assistant position has historically been funded as a part time position; and WHEREAS, the Planning Department has proposed to re -allocate $11,429.64 from a Department of Ecology 2010 Shoreline Grant to fund a change in the Planning Department's Administrative Assistant position from part time to full time through the remainder of 2010; and WHEREAS, changing the Administrative Assistant position from part time to full time for the remainder of 2010 will result in no net change to the 2010 Planning Budget; and WHEREAS, changing the Administrative Assistant position to full time for the remainder of 2010 will significantly benefit and maximize the efficiency within the Planning Department; and WHEREAS, the Finance Committee supports the Planning Department's proposal with the understanding that full time funding may not be allocated as part of the 2011 budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Planning Department's Administrative Assistant position will be full time with salary and benefits through the end of 2010, utilizing a portion of the DOE Shoreline Grant funds in the amount of $11,429.64; and further that the Mayor is authorized to execute a memorandum of understanding with the Administrative Assistant that full time funding may not be allocated as part of the 2011 budget. Resolution No. 032-10 Paize 2 of 2 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 14th day of September 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us MEMORANDUM Date: July 30, 2010 Revised August 2010: Organizational Chart Added From: James Weaver, Development Director, Building & Planning Departments To: Mayor, Finance Committee, and City Council RE: Planning/Building Administrative Assistant Full-time Position The Planning & Building Department submit this memorandum as a request to propose as part of the 2010 City budget amendment to reallocate underutilized DOE Shoreline Grant Funding, to fund the change of the Planning/Building Department Administrative Assistant position to full-time for the remainder of 2010. Accepting this request to allocate four months of the remainder of 2010 in the amount of $11,429.64 ($7,836.72 salary + 3,592.92 benefits) from the DOE grant would significantly benefit and maximize the efficiency within both the Building and Planning Departments, while simultaneously allowing the present job -share position within Public Works to be filled with a new FULL TIME person that would serve solely public works functions and front counter needs. Ellen Ferguson, our Planning/Building Department Administrative Assistant was awarded the Port Orchard City Employee of the 3 a Quarter in 2009 for her outstanding service to the City. On May 14, 2010 Ellen received an outstanding letter of recommendation from Ted Hunter, the City Hearing Examiner (please see attached). The Planning/Building Department Administrative Assistant serves the City in multiple existing responsibilities including: Clerk to the Hearing Examiner, preparing public notices, annexation processing, department distribution mailings for Planning Commission meetings, Planning and Building Department Website updates, project filing and records keeping, permit intake & distribution, processing and publications of SEPA determinations, and preparing Planning Commission, Design Review Board, and very important Public Hearing minutes for the City Hearing Examiner. In addition, this position is essential in processing and all public noticing applications for land use permits, zoning, long range planning, Building, and City annexations. Additional duties have heavily involved the public outreach, facilitation, editing, production and distribution of the Shoreline Master Program Update. It has been identified that substantial duties provided toward this effort may be grant funded with no change to the 2010 allocated Planning or Building Budgets. As described in the previous 2009 & 2010 Department Supplemental Budget requests, the 2010 supplemental budget request identified a total addition of $34,288.95 (Salary+Benefits) for the Administrative Assistant position for the entire 2010 year ( $2,857.41 Salary + Benefit per month). The proposal includes utilization of $ 11,429.64 set aside for contingency / staff/ consultants for the Shoreline Master Plan Update be utilized to fund the remainder (4 months beginning in Sept.) of the 2010 full time status for Ellen Ferguson as her requirements to assist that grant effort. This proposal for Administrative Assistant full-time position has been the primary Department Supplemental Request for the 2008, 2009, and 2010 Budgets. The recent proposal for allocation of the Department of Ecology Shoreline Master Program Grant in the amount of $11,429.64 allows this request to be forwarded with no impacts to existing budgets. The proposed allocation would be anticipated to be incorporated in the next 2011 City budget amendment. Please note this proposal is fully supported by Public Works, with the provision that the number of front counter FTE hours is maintained at full time. SHORELINE MASTER PROGRAM UPDATE ADMINISTRATIVE PLANNING ASSISTANT DUTIES The following is a list of tasks that require the time of the Planning Administrative Assistant and will be billed to the Department of Ecology Grant during the update of the Shoreline Master Program: • Copy editing and review of SMP documents. • Copying and distribution of materials / documents • Administration, time tracking, and billing assistance for DOE grant • Assistance compiling the quarterly reports for DOE • Maintenance and regular update of the SMP website and emails. • Distributing of SMP information to the public and public interaction. • File maintenance, document tracking, and SMP records organization. • Public notices for meetings, preparation of public outreach materials. • Preparation, layout, and design of the Shoreline Master Program Update documents • Collection, processing and categorization of public comment and committee input. • Managing survey information and transmittal of collected data. 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 7E Meeting Date: Subject: Approval of Contract No. 071-09, Prepared by: Extending Completion Date for the _Mosquito Fleet Trail Bay Street Atty Routing No: Pedestrian Enhancement Project with Atty Review Date: N.L. Olson and Associates, Inc. September 14, 2010 Mark R. Dorsey, P.E. Public Works Director NA Summary: On October 27, 2009, the City of Port Orchard Public Works Department executed a contract with N.L. Olson and Associates, Inc. for the design of the Bay Street Pedestrian Enhancement Project. On March 9, 2010, the City of Port Orchard executed Supplement 1 to the contract extending the expiration date to September 30, 2010. The contract is for plans, specifications, cost estimate, and environmental permitting of a one -mile segment of pedestrian path adjacent to Sinclair Inlet. The design is currently 85% complete and a time extension is needed to the contract. The extension is necessary due to the time it is taking the Port of Bremerton and City Council to decide which alternative will be used for design around the Port of Bremerton property. Staff is optimistic a decision will be reached post haste so the design may continue. At present the contract is due to expire on September 30, 2010, Staff is requesting a time extension to March 31, 2011, as this will allow Olson and Associates to finish design and permitting. Recommendation: Staff recommends that the Council approve Supplemental Agreement No. 2 for Contract No. 071-09, thereby authorizing the Mayor to extend the contract with N.L. Olson and Associates, Inc. for design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to March 31, 2011. Motion for consideration: I move to approve Supplemental Agreement No. 2 for Contract No. 071-09, thereby authorizing the Mayor to extend the contract with N.L. Olson and Associates, Inc. for design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to March 31, 2011. Fiscal Impact: None. Alternatives: City Council has the option to reject this supplemental agreement and keep the current expiration date of September 30, 201o. However, this is not Staffs recommendation. Attachments: Supplemental Agreement No. 2 Contract No. 071-09 Washington State All VAP Department of Transportation SUr�er�lemental Aryreement I"1" J Organization and Address N.L. Olson &Associates, Inc. Number 2 2453 Bethel Avenue Port Orchard, WA 98366 (360) 876-2284 Original Agreement Number LA 6165 Phone: Project Number Execution Date Completion Date STPE-0166(008) 10/27/2009 3/31/201I Project Title New Maximum Amount Payable Mosquito Fleet Trail Bay Street Pedestrian Path $ 287,701.17 Description of Work Mosquito Fleet Trail Bay Street Pedestrian Path Enhancement Project The Local Agency of City of Port Orchard desires to supplement the agreement entered into with N.L. Olson & Associates, Inc. and executed on 10/27/2009 and identified as Agreement No. LA 6165 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: 12nn,pletion date to he March 11, 9011 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: r.ary Cnppnlnl Mayor Consultant Signature Approving Authority Signature DOT Form 140-063 EF Dale Revised 912005 N.L. Olson & Associates, Inc. 2453 Bethel Avenue P.O. Box 637 Port Orchard, WA 98366 (360)876-2284 (360) 876-1487 Fax To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 LETTER OF TRANSMITTAL DATE: 8-18-10 1 JOB NO: 7337 ATTENTION: Andrea Archer RE: Mosquito Fleet Trail WE ARE SENDING YOU ❑Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specification ❑ Copy of letter ❑ Change order COPIES DATE NUMBER DESCRIPTION 2 Supplemental Agreement No. 2 S- COYO'��.- (J T V141 ARn THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ For review and comment FOR BIDS DUE copies for approval copies for distribution 20 PRINTS RETURNED AFTER LOAN TO US REMARKS: Copy to: File Signed: Trish Walton 01 Local Agency Consultant/Address/relephone Standard Consultant N.L. Olson & Associates, Inc. Agreement 2453 Bethel Avenµe PortOrchard, WA 98366 (360)-876-2284 ®Architectural/Engineering Agreement ❑ Personal Services Agreement reamenl Number ProjectTltleAnd Work Description Mosquito Fleet Trail Bay Street Pedestrian FederelAld Number STPE 0166.(008) Enhancement Projects Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate 170 % DBE Participation Overhead Cost Method ® Actual Cost ❑ Yes ® No _ % • ❑ Actual Cost Not To Exceed % Federal ID Number or Social Security Number (] Fixed Overhead Rate % 91-1153683 Do you require a 1099 for IRS? Completion Date. Faced Fee $ 18,467.79 ❑ Yes ® No I . April 30, 2010 ❑ Specific Rates Of Pay Total Amount Authorized $ 287,701,17 ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ManegementReserve Fund $ ❑ Cost Per Unit of Work,_ Maximum Amount Payable $ 2.87,701.17 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE lifilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum ® Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Paymeet-. Provisional ® Exhibit B-1 Fee - Lump/Fixed/Unit ❑ Exhibit &2 Fee - Specific hates ® Exhibit F Overhead Cost ® Exhibit 0 Subcontracted Work ® Exhibit G-1 Suboonsultant Fee ❑ Exhibit 0-2 Fee -Sub Specific Rates ® Exhibit 0-3 Sub Overhead Cost , 9 Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Clahn Procedures ❑ Exhibit L Liability Insurance increase ® Exhibit M-la Consultant Certification IM Exhibit Nl-lb Agency Official Certification IM Exhibit M-2 Certifleadon - Primary IN Exhibit M-3 Lobbying Certification ❑ Exhibit M4 Pricing Data Certification IN App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this 27 day of October , 2009 between the Local Agency of _ City of Port Orchard , Washington, hereinafter celled the "AGENCY° , and the above orgaaWtlon hereinafter called the "CONSULTANT". DOT ROVIW�008 Page t of a WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have suffioient staffto meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that hafshe Is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to Atralsh Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and Incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The; CONSULTANT sball furnish all services, labor, and related equipment necessary to conduct aird complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT Is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT, III General Requirements All aspects of coordinaion of tlia work ot'this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by ilia AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. -The CONSULTANT shall attend coordination, progress and presentation meetings with the.AGENCY,and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare it monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form lire various phases and the order of performance of the work in sufficient detail so that the progress of the work ban easiby ha tvaluated; The CONSULTANT, and each SUBCONSULTANT, &bail not discriminate on the basis of moo, color; national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFRPan 26 in the award and odmiaishation of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result In the termination of this AGREEMENT. � r.. Participation for Disadvantaged Business Bnterpris'as (DBE), if required, per 49 CFRPart 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WEE), &hall be shown on the heading of this AGREEMENT. If DIM/WBE firms are utilized, Me amounts authorized to each firm and their.ceniflcation number will be shown on Exhibit IV' attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUP) regulation outlined in the AGENCY'S "DBE Program Participation Piro". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned, Ali electronic files, prepared by the CONSULTANT, must meet the requirements as outlined to Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the. property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Pape 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work uaderthis AGREEMENT shall be completed by the date shown in the heading of lids AGREEMENT under completion date. The established completion time shall not be extended becauso of any delays attribuNble to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY Is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided In Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be gull compensation for work performed or services rendered and for all labor, materials, supplies, equlpmemt and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CPR Part 31. A post audit maybe performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been Issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed too costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contacts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of arty work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DEB certifted sub -consultant Is required to perform a minimum amount of their sub -contracted agreement that Is established by the WSD.OT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that It has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting ftom the award or making of this contract. For breach or violation of this warrens, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the fall amount of such fee, commission, percentage, brokerage fee, gin, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employeas of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Pegs a of 8 third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part -tine basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, In the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent ofthe public employer of such person, Vill Nondiscrimination Daring the perfonnaace of this contract, the CONSULTANT, for itsah; its assignees, and successors In interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter21 Subchapter V Section 2000d through2000dAe) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 at seq.) Civil Rights Restoration Act of 1987 (Public Law 100.259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 at. seq.) 49 CPR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "IT, in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The tight is reserved by the AGENCY to terminate this AGREEMENT at any time upon ton (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhlbit'T' for the type of AGREEMENT used. No payment shall be made for any work completed after ton (10) days following receipt by the CONSULTANT oftha Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for dePoult on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 6 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a typo which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances. shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligenco, the termination shall be deemed to be a torrinationfbr the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the ter hadrin for other than default clauses listed previously. In the event of the death of any member, partner or of for of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaHillation of the principally Involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under .the, terms of this AGREEMENT, ifrequested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedles of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not oonstituto waiver of eadtl6ment to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when requited to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find It desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as heroin provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Wade or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found In Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "W'. Xil Venue, Applicable Law, and personal Jurisdiction in the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated In the county in which the AGENCY Is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated In the county in which the AGENCY is located. Pepe 6 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed In accordance with the laws of the State of Washington, The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless Dom and shalt process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees: and provided f irther that If the claims or suits we caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents; officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees, The CONSULTANT'S relation to the AGENCY shall be at all tines as an independent contractor. The CONSULTANT shall comply with all applicable sections ofthe applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers, The CONSULTANT specifically assumos potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Tide 51 RCW. Unless otherwise speclfied in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assumono responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title4B RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. E. Commercial general liability and property damage insurance In an aggregate amount not less then two million dollars ($2,000,000) for bodily injury. Including death and property damage. The per occurrence amount shall not exceed one million dollars (S 1,000,000). C. Vehicle liability Insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured, The CONSULTANT shall famish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, cortifed copies of all required Insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business In the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shalt be oftcdvo without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,0D0,000) dollars, whichever is the greater, unless modified by Exhibit "L". in no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 6 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section, This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the wdrk under this AGREEMENT, whether or not changed by the order, or otherwise attests any other terms and conditions bf the AGREEMENT, the AGENCY shall make an equitable ac ustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other aititcted terms and shall modify the AGREEMENT accordingly, t C. The CONSULTANT must submitsny "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts Justify It, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause, However, nothing In this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. B. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans 'if applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation sball have the right to participate In the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-I(a and by'are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" Is required only in AGREEMENTS over $500,000, XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained In the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on. page one (1) of this AGREEMENT, By C �� By Consultant A1_ ©ko.a ¢ try. . 1 t . Ager AT4 City Clq' rk DOT Form 140-00e EF neVtSed 312003 Page 8 of 8 Exhibit A-1 Scope of Work Project No. M-MMMMMIUMMUM,.. Documents To Be Furnished By The Consultant .. , .: •7-M- r-MMMU .. r .,. U7X.T.rrr.r.rTI ALM . u - .• • . 11. u � DOT FOfM ild -O89 EF VAIbR A-1 k-I'A N.L.Olson&Associates,lnc. Engineering, Planning and Land Surveying. October 16, 2009 Andrea Archer, P.E. Assistant City Engineer Department of Public Works City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 EXHIBIT - Al Scope of Work RE: Proposed $cope of Services Mosquito Fleet Trail I Bay Street Pedestrian Enhancement Project Dear Ms. Archer: The team of N.L. Olson & Associates, Inc. (Consultant) Is honored to be selected to provide the City of Port Orchard (the City) the professional civil engineering, surveying, planning and permitting services required for the Mosquito Fleet Trail 1 Bay Street Pedestrian Enhancement Project (The Project). Included with this letter is our proposed scope of work and budget for the project. The project will proceed In two phases. The first phase consists of the alignment study with study report. The second phase Is the design and 'environmental clearance for the project. Both phases of the project will be coordinated wilh'the Washington State Department of Transportation (WSDOT) design guidelines. Based on the September 301' and October a scoping meetings the alternative routes have been determined. Within the center segment the Bay Street alternative will not be Included in the preliminary design although a textural discussion regarding the alternative will be Included in the analysis and report providing the basis for exclusion as determined by the City Engineer, We look forward to working with the City on this project. As we have previously Identified, I will be the project manager and if you have any comments or questions please contact me at 3§"76-2284. Thank you. Sinc�r I Ly Nor n Princ pal N.L. Olson & Associates, Inc. Attachment — Scope of Work 9463 BETHEL AVENUE, P.O. BOX 637, FORT ORCHARD, WASHINGTON 98366 (360) 876-2284 FAX (360) 876-1487 Proposal for Scope of Services to City of Port Orchard Mosquito Pleat Trail I Bay Street Pedestrian Enhancement Project Page t of 14 Phase I — Aliunment Study Task 1: T000nraohlq Survey & Sale Mau: The proposed alignment routes for the project will be surveyed and base maps will be prepared at 1" = 30' scale. The scope of services for this task will Include: ✓ Research of asbuilt documents and maps will be coordinated with the City for access to existing records. The field survey will acquire data of existing utilities. Coordination with utility locate services will be provided. ✓ Research ROW documentation and maps. ROW calculations will be provided. ✓ Field topographical suiVey Including 2' contours and existing structures will be provided and existing survey monuments will be tied, Limits of horizontal data acquisition will extend to 100 feet beyond proposed alignment where required assuming private property constraints do not exist. Reduced widths of the topographic survey in specific areas may occur wlih approval from the City, ✓ Field survey all delineated wetlands and OHWM boundaries designated with on the ground with flagging, stakes and/or other marking methods, ✓ Control and benchmarks for construction"will be established, ✓ Horizontal centerline stationing basis will be established with accuracy of one - tenth foot or better. ✓ Base mapswill be prepared in AutoCAD 2008 and Adobe PDF format and all plan sheets will be on City title block. Task 1 Assumption(s): ✓ Although ROW will be calculated and depicted on the base map drawings, the ROW plans per WSDOT guidelines will be prepared with Phase II. ✓ The City will coordinate all separate and private meetings with landowners potentially directly Impacted by the project proposed alignment alternatives and will obtain right of entry agreements. Task 2: Preliminary Oeotechnlcal Analysis ! Study: Although the preferred alignment will not be known during Phase I, geotechnical data and Information will be required for the alignment analysis. Therefore, during Phase I, a limited geotechnical study will be provided at key locations along the alternative alignment routes: At Phase II time of final design, a final comprehensive geotechnical report will be prepared in support of preparation of the engineering and construction plans. The scope of services for the preliminary geotechnical work will include: ✓ The Consultant will perform a site reconnaissance of the entire proposed trail alignment. ✓ The Consultant will review available geologic information and WDOE water well log records along the proposed trail alignment. ✓ A review of in house consultant files for subsurface exploration information that may have taken place near the proposed trail alignment will be provided. ✓ The information obtained from the initial review will be utilized to provide a preliminary assessment and recommendations for foundation support for bridge Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail / Bay Street Pedestrian Enhancement Project Page 2 of 14 crossings over Black Jack Creek and foundation criteria for Arnold Street culvert replacement project. Final design criteria will be provided In Phase It. ✓ For placement of the bulkhead alignment along the north trail segment, the Consultant will provide a reconnaissance to develop initial criteria for placement of this structure. i ne t:onsuitam (work to be performed by GeoEngineers within Task 3) will conduct a corridor. -level ESA reconnaissance study to evaluate the presence, or likely presence, of.potential hazardous substances that would have an effect on the project.. Sites with potential for environmental Issueslimpacts Include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The Consultant will prepare a report to describe the work completed and make recommendations for follow-on site -specific assessments that will be in accordance with ASTM 1527-00 as a Phase 1 ESA. The scope of Services for this study will include: ✓ A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by ASTM. ✓ A review of historical aerial photographs, fire Insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. The Consultant will attempt to Identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. ✓ Conduct a visual reconnaissance of adjacent properties to Identify visible evidence of;potential sources of contamination from the current right of way (ROW). The Consultant will assume the need to perform site visits on up to six.properties in which right-of-way (ROW) acquisition may be necessary. The site visit will Include visual observations of the exterior of the buildings. ✓ A report that will summarize the results of this study. The letter report will briefly discuss the project activities and Include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on - site or Qff-site sources to the alignment alternatives. A report will be provided for review and comment. Upon receiving comments and the preferred alignment, the letter will be modified as appropriate to reflect Impacts to the preferred alignment and made final. Proposal for Scope of Services to City of PortOrchartl Mosquito Float Trall / Bay Street Pedestrian Enhancement Project Page a of 14 Task 9A - Assumption(s): ✓ Not Included at this time Is an environmental compliance audit or an evaluation for the presence of lead -based paint, polychlorinated biphenyls In light ballasts, radon, mold, lead in drinking water, asbestos -containing building materials, or urea -formaldehyde in onslte structures. Soil, surface -water, or groundwater sampling and chemical analysis are not Included as part of the Consultant services. ✓ Chain of thla reports will be provided. (Payment for preliminary title reports will be provided from appraisal services allowance) ✓ This scope of services does not constitute a Phase 1 ESA In accordance with ASTM 1627-00. If required, additional ESA studies and recommendations will be performed under a supplemental agreement. Task 3.6-Cultural and Hlstory Resources Study The purpyse of'a cultural and historical resources; report is to provide the necessary documentation to comply with Section 106 of the National Historic Preservation Act. The Consultant will conduct a historic resource Inventory and prepare a technical report in accordance with applicable Washington State Office of Archaeology and Historic Preservation and U.S. Secretary of Interior standards. The Inventory and report will cover study areas defined by the City and are based on the preliminary delineation of a proposed Area of Potential Effects (APE). As additional project details are defined during the alternatives study, the Clty'may make adjustmt3rits to finalize the proposed APE. The • Inventory. and report will be used in partial fulfillment of Section 106, SEPA, and other regulatory requirements. This material will be assembled Into a draft cultural resources report. The'Consultant will provide four copies of the'draft document to the City for review, will finalize the report based on one round of City reviews, and will submit four copies of the final cultural resources report. The scope of services for this study will Include: ✓ identify and evaluate possible Impacts to cultural resources for the project Including: conducting archival research at the Department of Archeology and Historic Preservation (DAHP), ethnographic and historical accounts, previously regional cultural resource investigations, informants, affected tribes, maps, photographs and environmental documents. ✓ Assist with completing the Area of Potential Effects (APE) letter ✓ Perform field reconnaissance to verify field conditions, Identify potential historic properties and to update existing she inventory forms. ✓ Prepare a draft Cultural Resources Area of Potential Effects (APE) request letter for the City to submit to WSDOT H&LP for use and to send a request to potentially affected tribes asking If they have knowledge or concerns about cultural resources at the project site. ✓ Present the results in a draft and final cultural resources report for submittal to DHAP, WDOT H&LP, affected tribes and other concerned parties. The report will present the findings of the inventory and discuss impacts and provide recommendations for eligibility and treatment of Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail I Day Street Pedestrian Enhancement Project Page 4 of 14 documented sits and for any additional discovery measures needed, including construction monitoring in highly sensitive locations. Task 3.13 -Assumption(s): ✓ The procedures outlined by Section 106 of the National Historic Preservation Act (NHPA) provide a methodology for heritage resource studies for State Environmental Policy Act (SEPA) project that may not necessarily invoke federal laws. r aan e.0 — �.nucar rarara tram rt6aOnnaissance th Vanneatlon The Consultant (work to' be performed by GeoEngineers) will develop, implement, and complete field surveys to 1) identify potential fish and wildlife habitat conservation areas, 2) delineate wetlands and mark the ordinary high water mark (OHWM) of marine and/or estuarine waters within the project corridor. The Consultant will use the appropriate methods described In the City's Critical Areas Ordinance (Ordinance No.1784) for determining fish and wildlife habitat conservations areas. The United States Army. Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory,1987), Wetlands Research, Technical ReportY-87-1, January 1987; USACE Interim Regional Supplement -to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, EDRC/EL TR 08-13, April 2008; .and the USACE Regulatory Guidance Letter, Ordinary High Water Mark Identification, No. 05-05, December 2005; will be used to identify jurisdictional wetlands and the OHWM, The Consultant will delineate jurisdictional wetlands and the, OHWM off jurisdictional waters within the project corridor. Crtical areas that are. identified within 200 feat of the project area will be documented and discussed in the Critical Areas Study (see Task 12) but will not be delineated. The scope of services for this task (Task 3.C) will Include: ✓ Baseline research and field reconnaissance within the project corridor to Identify and record baseline conditions Including existing vegetation/habitat, OHWM and adjacent wetland boundaries. ✓ Delineate wetland and OHWM boundaries on the ground with flagging, stakes and/or other marking methods. Task 3,0 - Assumption(s): ✓ Flags, stakes or marks will be surveyed and mapped by a Professional Land Surveyor (PLS) and results presented on the project site plan as discussed under Task 1, Task 3 D — Environmental Permitting Plan The purpose of the environmental permitting plan is to provide the City with necessary documentation to develop a permitting strategy for the Final Alignment, The Consultant will develop a permitting plan In tabular (matrix) format for the three alternatives Identified. The plan will be assembled with the ability to cross-reference each alternative with possible federal, state and City Proposal for Scope of Services to City of Port Orchard Mosquito Fleal Troll f Say Street Pedestrian Enhancement Project Page 6 of 14 environmental permits/approvals that may be needed for the project. The permitting plan will cover all study areas defined bythe alternatives and will be based on baseline environmental conditions and preliminary engineering design considerations. The purpose of the permitting plan Is to provide preliminary Information for the City to proceed with selecting a preferred aftemative and for developing a focused strategy for Phase 2, Task 12, Environmental Clearance. The Consultant will provide four copies of the draft plan to the City for review, will finalize the plan based on one round of City reviews, and will submit four copies of the final plan. Task ¢: Preliminary Engineering Design: Preliminary designs and plans will be prepared to approximately the 30% level for each alignment aftemative. Each preliminary plan will be prepared with suf elent detail for presentation In the alignment study report and to facilitate preparation of preliminary cost estimates for each aftemative. The following design elements will be Included in the scope of the preliminary plans: ✓ Preliminary Site Plan (proposed scale 1" = 30', to be confirmed with the City and WSDOT requirements) will show the proposed path layout and connections for each aftemative. The plan will show sufficient detail regarding Important elements such as existing site features, structures and traveled ways and preliminary requirements concerning potential easements, ROWS and construction agreements. Preliminary designs for retaining walls and other such elements will be shown. The location of the waterfront and associated parameters such as ordinary high water will be shown. ✓ Preliminary Storm. Grading & Utility: At equivalent scale to the site plan, these plans will show proposed design elements to demonstrate the scope and requirements for each route alternative. Coordination with the utility providers will begin with these plans as basis. Coordination with PACE Engineers for utility designs in Bay Street North Segment Is also Included. ✓ PrellminaryStructurel Deelan: Conceptual bridge and retaining wall designs will be provided given the proposed alignment alternatives. These designs will be to a level sufficient to provide cost magnitudes for the alignment study. ✓ Preliminary Trail / Path Sections: Section plans will be prepared to show the preliminary design features at key locations along the alignment aftematives. ✓ Deliverables: Plans will be prepared in AutoCAD 2008 and:Adobe PDP format and all plan sheets will be on City title block. Task 5: Altanment Alternatives Analysis: Three potential route alternatives will be preliminarily designed for analysis. Each alternative will be studied and the results will be documented within the Final Allgnment/Altemative Study Report. The scope of services for this task will include: ✓ BOW & Easement requirements and alignments will be determined. Consultant will work to Identify any acquisitions, ROW, easements and other agreements that will be needed for the proposed project. Proposal for Scope of Services to City of port Orchard Mosquito Fleet Trail / say Street Pedestrian Enhancement Project Page a of 14 ✓ Minimum design criteria will be determined and user and facility requirements will be established and documented. ✓ Environmental Impacts & Permits: Based on the information acquired through completion of Tasks 2 & 3, an analysis of the proposed alignments relative to environmental Issues and challenges vAll be conducted. ✓ -Preliminary Ena nget's Cost Estimate will be prepared for each alternative based on design elements, environmental permitting and mitigation requirements, potential right-of-way acquisition, etc. ✓ Tabular Comoarison of Alianment Alternatives will be prepared to compare selection criteria for selecting the preferred alternative. The tabular comparison Will chart criteria Including but not limited to: Separation from roadway, trail & path width availability given specific alignment constraints, environmental Impacts, permltting requirements, ROW and easement costs, construction costs, public access and connectivity, driveway crossings, grade, stormwater, views & amenities availability, etc. Task 5 Assumption(s): ✓ Preliminary ROW acquisition cost will not be determined through a formal appraisal process. The City will be responsible for determining costs associated with formal appraisals if/when required for either cost estimating or acquisition negotiations. Task 6• Preparation gt Study Report: The Consultant will compile all applicable work associated with the alignment study phase into a comprehensive report. The report will detail the alternatives analysis and will recommend the best alternative and provide justificationtrational for the preferred alternative relative. to: those not chosen. The report will be provided printed and bound as well as in MS Word 2003 Format. It is proposed that the report will contain the following: ✓ Exanntixn Ri mmaru- Pm\drtinn a m:mman, of fhn ✓ Introduction: Discussion of the background associated with the trail and path system and the goals associated with the project. Discussion of the purpose of the project and why it Is needed. ✓ Methods & Process; Presentation of the alignment alternatives analysis (Task 5) will be provided. ✓ Aerial photographs: Sets of selected photographs showing the alignment alternatives appended to demonstrate key Issues and criteria will be provided. ✓ Design criteria: Discussion of regulatory standards and design criteria will be presented with specific preliminary design proposals for alignment alternatives discussed. Preliminary design plans prepared In Task 4 including sectional diagrams will be Included to illustrate trail and path configurations. ✓ Results of Alignment Analysis: Results from Task 5 will be presented. ✓ Summary and Recommendations Proposal for Scope of Servloss to City of Port Orchard Mosquito Fleet Troll / Bey Street Pedestrian Enhancement Project Pager of 14 ✓ Consultant will prepare the draft report text, tables and figures for City review and comment followed by final draft and publishing. Phase 11— Deslon & Environmental Clearance: Task 7: Geotechnical Analysis I Report: Consultant will prepare a geotechnical analysis and report to be used as a basis for design parameters where required for elements such as foundations, pavement design, over -excavation, surcharge, Compaction, etc. The following Is the scope of services required for this Task: ✓ The Consultant will utilize the Information from the initial assessment to determine the necessary subsurface exploration program. The Consultant will coordinate the subsurface exploration as required. It is anticipated that drilling will be required for design of the bridge abutment elements. ✓ In several particular areas along the preferred route, we anticipate that hand borings will be needed for additional subsurface Information. ✓ The subsurface exploration program will also provide undisturbed soil samples for laboratory testing that will focus on the soils properties. ✓ After completion of the subsurface exploration program, the Consultant will provide geotechnioal engineering recommendations for site preparation and grading, structural fill criteria; surface and ground water information, deep or shallow foundations for the proposed pedestrian bridges, temporary and permanent slopes, erosion control, and grade separation recommendations for concrete cast -in -place walls. ✓ Recommendations will also be provided for bulkhead placement along the north section of the trail in regards to embedment depths, grade separation requirements and potential surcharge loads. Task 7 Assumption(s): ✓ Subsurface exploration with machinery will be limited to two borings for final bridge abutment design. All other subsurface exploration will be through hand borings. If test pits are required they will be provided at additional fee. Task 8: Hvdroloav/Hydraulic Report (Storm Report): Consultant will prepare the storm report in conjunction with the preferred alignment. The analysis and report will consider existing and proposed drainage structures and features that are associated with the project and/or runoff associated with the project. The analysis will be conducted in accordance with the City of Port Orchard storm design manual:. It is anticipated that the design will use WWHM3 methodology as required by the latest WDOE design manual and standards (2006) and as specified In the proposed updated Kltsap County storm manual to be adopted by the City. Alternatively, the analysis and report can be prepared in accordance with the current City standards and requirements at the City s discretion. The contents of the storm report will Include the following: Proposal for Scope of services to City of Port orchard Mosquito Fleet Trail f Bay Street Pedestrian Enhancement Project page 8 of 14 ✓ Project description and discussion Including proposed Improvements and existing site conditions, soll conditions, and topography. ✓ Existing drainage facilities both within ROW and on private property that Influence or Impact the project. ✓ Proposed storm facility Improvements. ✓ Upstream and downstream analyses as required. ✓ Erosion and sedimentation Impacts and mitigation from proposed construction. ✓ Facility design — data and analysis. ✓ Various figures as required in accordance with the City storm manual. Task 9• Construction Plans Preparation: Preparation of a.complete set of final design improvement plans is proposed. The engineer of record will review, approve. and wet stamp the plane. Plan submittals will be provided to the City at 36% (Task 4 is 30% completion), 70%, 90% and 100% completion stage. The following design elements will be Included in the scope of the construction plans: ✓ $119 Plan: The final site plan (scale no smaller than 50 scale, to be confirmed with the City and WSDOT requirements) showing the proposed path layout and connections will be prepared. The plan will include dimensions. design elements and details as required for constructability and required elements for the WSDOT approval. All required easements, ROWs; construction agreements will be shown on the plan. ✓ Exati na Conditions/Demolition plan: This plan will identify the existing site features that must be demolished. The base map prepared by N.L. Olson survey department will be used as the basis of the plan. ✓ Surfacing Plan: In conjunction with the site plan a surfacing plan will be prepared. The plan will show proposed surfacing such as pavement, gravel, porous pavement, etc. ✓ Grading Plan: The grading plan will include design for finished surface contours and spot elevations for site drainage and construction. The gross dimensions of retaining walls If required including approximate exposed height and length will be Indicated on the plan. Grading and earthwork calculations will be shown on the plan. ✓ Roadway Improvement Plans: In conjunction with the site, grading and surfacing plans.any proposed road Improvement design will be shown. ✓ Storm Plan: The final storm design and plans will be prepared in accordance with the City and WSDOT requirements. If added storm structures are required elements of the design, profiles will be prepared in addition to plan views where appropriate to show the system design In rotation to existing and proposed grade and.adjacent structures. ✓ Utility Plans: The design for proposed wet utilities will be prepared. Dry utility design, power, etc, will be coordinated by the Consultant with PSE and the other applicable providers. Wet utility, sanitary sewer and water (irrigation),deslgns will be prepared the Consultant. Proposal for Scope of Services to city of Port Orchard Mosquito Fleet Trail f Say Street Pedestrian Enhancement Project Pages of 14 ✓ Temnorary Erosion &Sediment Con rol (THSC Plan%- . The TESL will be prepared in accordance with the City, WSDOT and WDOE standards and requirements. A Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) will be prepared as required. ✓ Landscape & Irrigation Plans: Consultant will prepare the Landscape plans In accordance with City standards and requirements. Proposed fencing will be shown on the landscape plan. ✓ Structural Desian and Railina• Consultant will prepare the construction plans and calculations for any required structural elements for the: project. These will Include bridge elements and abutments, railings, foundations, etc. The type of railings will be coordinated with the City and the Landscape Architect. ✓ Sionina & Striolno Plan: Consultant will prepare, In accordance with City and WSDOT standards and requirements, specific signs referencing special amenities and related descriptions. Signage.and striping will be coordinated with the City. ✓ Construction Phasina and Detour Plans:, Traffic control and project phasing plans will be coordinated with the City in conjunction with the project schedule. These plans will be prepared In accordance with the City and WSDOT requirements. ✓ Construction Notes & Details: The required construction notes and detail sheets will be prepared in relation to the civil design. ✓ Applications & Permits: We will work with the City in preparing applicable documents, forms and applications for submittal to the appropriate agencies. Permit fees are paid by the City. ✓ Deliverables: Plans will be prepared in AutoCAD 2008 and Adobe PDF format and all plan sheets will be on City title block. Task g Assumption(s): ✓ Engineering plans will be prepared utilizing Consultant general drafting standards, the WSDOT plans preparation manual guidelines are not required ✓ Profile plans for.pathltrail will not be required given it will generally following existing ground. Task 10: Final Design Survey Services: All survey monumentation used for design will be documented for availability and use during construction. The Consultant will provide the following services for Task 10: ✓ Establish and prepare easement/ROW documents per WSDOT guidelines and requirements. ✓ Prepare legal descriptions and exhibits as required for easements and acquisitions. ✓ Provide an electronic file and plot of all coordinates. ✓ Consultant will assist the City in a Project Funding Estimate (PFE) associated with each required acquisition and prepare a type #1 ROW certificate as outlined In WSDOT LAG Manual. An allowance for appraisal services is included as a separate expense for the project. Prosal for Scope of Services to of Fort Orchard Mosquito FleetTailIBOY StreetPedeekianEnhancementProject Page 10 of 14 Task 10 Assumption(s): ✓ ROW Plans will be prepared for the preferred alignment only ✓ The number of exhibit packages required for easements, acquisitions, etc. will be on the order of about five +1.. ✓ Conveyance documents for easement, acquisitions, etc. will be prepared by the city. TKLU29WILUXIMI ME= It is proposed that a single community meeting be conducted to involve the public and gain Public Input. The scope of services for this task will include: ✓ Prepare meeting agenda and formulate a questionnaire with Input from the City. ✓ Prepare advertisement for meeting. ✓ Conduct evening meeting and provide documentation of attendance and results. Task 11 Assumption(s): ✓ The City will provide meeting room. ✓ The City WIII coordinate public announcement. ✓ The City will lead meetings with Consultant providing specific elements of the presentation. ✓ The City will coordinate all separate and private meetings with landowners potentially directly Impacted by the project proposed alignment alternatives. Task 12: tenvironmental Clearance Task 72.A-Grltical Areas Studv The purpose of the critical areas study is to document potential fish and wildlife habitat conservation areas, jurisdictional wetlands and waters of the United States within the project corridor, as well as provide baseline documentation for defining potential project Impacts and mitigation strategies (if mitigation becomes necessary). The Information provided in the report is intended for use in compliance with any applicable federal, state and local regulations. The information will also be used in part to complete the SEPA Checklist, ECS and the JARPA. The Consultant (work to be performed by GeoEngineers) will complete this task. The scope of services for this task include: ✓ Prepare one critical areas report that Includes detailed wetland, shoreline and stream maps In relation to the project area, documentation of survey methods, results; potential Impacts from project actions, and recommendations for wetland and madnelestuadne habitat protection and mitigation. Protective buffers for wetlands and for fish and wildlife habitat conservation areas will be determined using City regulations. The draft and final reports and associated documents will be in a format acceptable to the USACE, Washington Department of Fish and Wildlife (WDFW) and the City and will be used in obtaining necessary permits for the project. Proposal for Scope of Services to City of Port Orchard Mosquito Fleet Trail I Bay Street Pedestrian Enhancement Project Paps 11 of 14 ✓ Provide four copies of the draft report to the City for review and comment. Four copies of the final report that incorporated the Cityrs requested revisions will also be provided. Task 12.A Assumption(s): ✓ The critical areas report does not Include a compensatory mitigation plan, which will be provided under environmental documentation (Task 12.C). Task 12.11-81oloalcal Studies The purpose of the biological studies is to address potential project Impacts under Section 7 of the Endangered Species Act (ESA). Biological studies may Include a biological evaluation or a biological assessment depending on which alignment Is selected in Phase 1. The assumption is that a biological assessment will not be required for the preferred alignment. Bioloolcal Evaluation (BE1 The Consultant will provide the following scope of services for the BE: ✓ Research National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) databases to Identify listed, proposed, or candidate species that may occur in the vicinity of the project corridor and prepare and send a request for species and habitat information from WDFW and the Washington Natural Heritage program. ✓ Review other City reports and publicly available Information as needed. Based.on review of the information and species Ilsts obtained, a site reconnaissance and contacts with WDFW and potentially affected tribal staff, determine the potential for impacts to any of the identified species or habitats. ✓ Prepare a no effects BE to document the species identified, and conservations measures, if appropriate. ✓ Provide 4 copies of the draft no effects BE for City review and comment. Revise as needed and submit the revised document to the City for transmittal to WSDOT H&LP. Respond as needed to comments from WSDOT review draft and finalize the document. Task 123 Assumption(s): ✓ Compliance with Section 7 ESA will be coordinated by the City through WSDOT H&LP. ✓ A Biological Assessment (BA) has not been budgeted as the BA would be performed only if the preliminary determination in Task 3 is May Affect, Not Likely Adversely Affect. Services associated with completing a BA report if it becomes necessary will be provided to the City under a separate Consultant agreement. Mosquito FlPrOW01 for SCOPO Of SOMUS to CIPY of Part Orchard o t Trail f say Street Pedestrian Enhancement Project Pape 12 of 14 Task72.C—EnvironmentalDccumental n The purpose of this task Is to support the City In obtaining necessary environmental permits for the project. The Consultant will review reports and data provided by City staff for other projects in the vicinity of the preferred alignment that may affect or Interact with the project and contact resource agencies to determine If there are resources of concern In the vicinity of the project. The scope of services for the environmental documentation will Include: ✓ Prepare a draft SEPA Environmental Checklist for review by City staff. Revise the draft checklist and submit the revised checklist for use by City staff. In making Its SEPA threshold determination, ✓ Prepare a draft Environmental Classification Summary (ECS) for review by City and WSDOT H&LP staff. Revise the draft ECS and submit the revised ECS to the City for transmittal to the WSDOT H&LP who will obtain approval of the ECS by the Federal Highway Administration (FHWA). ✓ Prepare JARPA form and figures for review by City staff, . Revise the draft JARPA and figures and submit the revised JARPA and figures for use by the CITY In applying for CITY Shoreline Substantial Development Permit (SSDP), WDFW Hydraulic Project Approval (HPA) and other federal _permit approvals as needed. ✓ Prepare an area of potential effect (APE) request to WSDOT H&LP to initiate Informal consultation with the Suquamish Tribe. ✓ Prepare a Bikeway/Walkway Programmatic 4(f) Evaluation for compliance with NEPA and Section 4(f) of the Department of Transportation Act for projects that Involve onal areas. ✓ Pren Prepare a draft mitigation for ireview by federal and state agencies and the City. Revise the draft mitigation plan for use by the City in applying for City Shoreline Substantial Development Permit (SSDP), WDFW Hydraulic Project Approval (HPA) and other federal permit approvals as needed. Task 12.0 Assumption(s): ✓ Compliance with Section 4(0 will be limited to a bikeway and walkway Programmatic Evaluation. ✓ A mitigated determination of non -significance (MDNS) Is assumed to be the appropriate SEPA threshold determination. ✓ The Bay Street Beach Cleanup site (completed in 2008) will be used for any required mitigation associated with this project. ✓ Mitigation planning and design that may be required beyond the Bay Street Beach Cleanup site mitigation will be provided to the City under a separate Consultant agreement. ✓ Federal funding will require compliance with the National Environmental Policy Act (NEPA), City staff will coordinate with WDSOT H&LP staff In the Olympic Region of WSDOT for NEPA compliance. A NEPA documented Proposal for Scope of Services to City of Part Orchard Mosquito Fleet Trail I Say Street Pedestrian Enhancement Project Page 19 of 14 categorical exclusion (DCE) is assumed to be the appropriate NEPA determination. Consultant will prepare a list of contract Items and an engineers estimate forthe project. The scope of services for Task 13 will Include: ✓ Preparation of a list of contract items that will be provided to the City at the 70%, 90% and 100% completion stages ✓ Preparation of an engineer's estimate that will be provided to the City at the 70%, 90% and 100.% completion stages ✓ Preparation of a set of quantity calculations for the earthwork quantities Including excavation and backfill that will be provided to the City at the 00% and 100% completion stages. ✓ Review the preparation of the quantity calculations by two separate Independent sources that will be provided to the City at the 90% completion stage. Task 14: Bid Pa kane Documents: Consultant will prepare documentation for Inclusion Into the bid package that will be prepared by the City. The documentation will Include the following: ✓ Preparation of any required special provisions using the City format and referencing the latest WSDOT Standard Specifications. ✓ Outline specifications for the project will be provided to the City at the 70% completion stage. ✓ Full specifications for the project will be provided to the City at the 90% and 100% completion stages. ✓ Two printed copies of the list of contract items and Special Provisions will be provided to the City, as well as an electronic copy in MS Word 2003 format, at the 100% completion stage. Task 14 Assumption(s): ✓ The Citywill prepare standard front end and general conditions and compile project manual for public bid. General Assumptions: ✓ The Citywill assist the Consultant with arrangements for site access with property owners to allow the Consultant to complete site visits to provide services such as visual reconnaissance, field surveys, geotechnical field exploration, etc, as needed. If site access will not be allowed, the Consultant will complete the site reconnaissance from the closest allowable access location. ✓ With assistance from the Consultant, City staff will be responsible for submitting applicatlons for and obtaining Internal City permits and reviews related to site development Including administrative review, grading, site plan review, right-of- way use, shoreline review and other related permits as required. Proposal for Scope of Services to City of Port Orchard Mosqulto Fleet Trall / Bay Street Pedestrlan Enhancement Project Page 14 or 14 ✓ City will work with the Consultant to provide narrative descriptions of construction methods, timing and proposed Beat Management Practices to be used to prepare permit applications. ✓ City staff will be responsible for internal City coordination and appropriate public, tribal and agency notices. City will promptly complete and submit all required applications associated with and as required by utility providers. ✓ The City will be responsible for all permit and application fees. ✓ The City recognizes and understands that delays beyond the control of the consultant may negatively Impact the project schedule and If such occurs the City will work with the Consultant to modify project deadlines and schedule as appropriate: . ✓ The budget and scope of the construction phase for this project will be discussed at the time of construction. Proposed Budget The following is the breakdown of the Tasks with the associated estimated fee for the Task functions (including reimbursable expenses): Phase 1- Alignment Study Task 1 — Topographic Survey and Base Map: $29,006 Task 2 — Preliminary Qeotechnical Analysis / Study: $ 4,236 Task 3 — Environmental Review and Documentation $31,366 Task 4 — Preliminary Engineering Design $35,790 Task 5 — Alignment Alternatives Analysis $ 0,192 Task 6 — Preparation of Study Report $ 9,27,2 Phase II - Design and Environmental Clearance Took? — Gsotechnical Analysis / Report $13,776 Task 8 — HydrologylHydraulic Report (Storm Report) $ 6,570 Task 9 — Construction Plans Preparation $96,824 Task 10 — Final Design Survey Services $ 7,416 Task 11— Public Involvement $ 4,190 Task 12 — Environmental Clearance $31;884 Task 13 — List of Contract Items and Engineer's Estimate: $. 4,686 Task 14 — Bid Package Documents: $ 6,570 Appraisal Services Allowance (Including Prelim Title Report) $ 71600 Phase III — Construction $ TBD Total Estimated Fee: $287,708 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use In preparing electronic files for transmission to the agency. The format and standards to be provided may Include, but are not limited to, the following: 1. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review F�oduct with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify Whet Agency Furnished Services and Information Is to Be Provided 11. Any Other Electronic Files to Be Provided M. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format 00T navlrod 806 EF FAM0 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section Q, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms ofthis AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are Included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown In the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost; If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summery of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months alter the end of each firm's fiscal year, an overhead schedule In the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 14 � 8a EF Exhibit e•2 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information Is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, If they so desire. 3. DirectNon-Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but arc not limited to, the following Items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CPR Part 31.205-46'Travel Cost b. The billing for Direct Non -Salary Costs shall include an Itemized listing of the charges directly identifiable wh the PROJECT. o. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT ' enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled' Termination ofAgreemant" 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated In Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanled by the monthly progress reports required under Section IIf ,General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non -Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be famished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for Inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out or; in connection with, or related to this contract is Initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 0 Exhibit E-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Mosquito Fleet Trail Day Street Pedestrian Enhancement Projects Direct Salary Cost (DSC): Cjaaslfteatlon Man Heurs aft PrinoipalEngineor 214.0 X 49.82 GeotechnicalEngineer 88.0 X 38,96 Struotuml t rigineer 156.0 X 40.08 Civil Engineer 462.0 X 37.63 Surveyor - PLS 64.0 X 39.75 SurveyTechniclan 96.0 X 32.00 Survey Field Crew 60.0 X 53.33 Draftsman 664.0 X 19.00 EngineeringTechnioian 120.0 X 20.00 Total DSC = Overhead (OH Cost -- including Salary Additives): (Provision Mate x DSC of 170 % x $ 61,559.30 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 61,559.30 Relmbursabtes: Itemized Subconsultant Costs (See Exhibit G): Grand Total Prepared By: DOT Form 140-099 EF Eddbit &t Revised OMS 2 w Oak $ 10,661.48 3,428.48 6,252.48 17,385.06 2,544.00 3,072.00 3,199.80 12,616.00 2,400.00 $ 61,559.30 104,650.81 18,467.79 7,730.00 95.293.27 287,701.17 Dare: /OL EXHIBIT F OOverhead Schedule Olson and Associates, lea• Breakdown of Overhead Cost Ov Fiscal Year December 31, 2008 Fringe Benefits Payroll Taxes Group Insumnce Training Vacation, Holiday, Sick, bereavement 401(r) Bonuses Total FringeEeoefita General Overhead Nrm•Bill" Labor ProposalLabm AdverOahrg/ Promodonal0i8s Bad Debt Bank Service Charge Automabiletepair, Lue4 mileage Othercomultsota Deprecletian ProB'esional Dues, Licenses Publications; Insurance (Inc] M) Life Insurance Interest (other then Mortgage) Legal /Pro&ssional Services Mfieego Once& Postage Operating Supplies Survey Supplies Computer Maintenance A Software Job Noted 6xpeases tlmt Leased Equip Storage Unit Equipment Melatcnaara Repairs Upkeep Maintenance Cleaning License& Tax" Excise Tax Commam)al Transportation Lodging Pawns & Taus Meats Entertainment Utilities Telecommunications Donations Political Donations Vehicle Putehase (principal) Company Purame (Principle) Contract Labor Miso Expense Adjustments (Auume 11% OH) Total General Overhead Total Fringe and General Overhead QP4Lh4�9ta LL1,�3 FC�js�_ (Provisional / Utt-Audited) N1.0hon WSDOT S 107.827.03 107,027.03 16.29% $ 74,672.14 74,57Z14 11.26% $ 4.006.60 4,096.50 0.62% 6 78,483.04 75.483.64 11A0% 1; 35,005.98 361005.88 6.44% $ 1811M.00 - 18'00.00 2.84% _ 8 318. 86.49 S $ 3 318,795.49 47.115% $ 295,205.22 298.206.22 45.05% It 34,273.00 35,273.00 6.33%s $ 14,079.14 14,079.14 2.13°A $ 15,364.14 15,354.14 2.32% $ 792.64 102.64 0.12% $ 34.992.71 34,902.71 5.20% IS 21,251.58 21,261.68 3.21% S 24,190.00 34,190.00 5.16% 6 6,029.70 5,029.79 0.78°% S 1.464.07 1,454.07 012°% $ 60.819.52 60,810,52 7.680/0 $ 956.04 950.04 0.14°A $ 55,367.98 561367.98 8.36% $ 8,118.94 8,116.04 1.23% 6 8,145.37 8,146.37 1.23% $ 12,407.88 12,407.68 1.87°% $ 8,385.12 8,385.12 1.27% $ 8,284.11 8,294.11 1.26% - $ 1008.93 10,668.83 1.51% $ 70,468.60 10,468.50 10,64% $ 44,314.77 44,314.77 8.60% $ 8,018.51 81018.51 1,21% $ 2,200.00 2,200.00 043% $ 26,024,71 26,024.71 3.03% $ 4.514.19 4,614.19 0.68% $ 4,654.27 4,654.27 MCI% S 1.874.75 1,874.75 0.28°/a $ 10.833.18 10.633.18 1.6401a $ 31,814.17 31,814.17 4.81% $ 340.30 340.30 0.060/0 $ 436.07 436.07 0.07% $ 1,554.40 1.554.40 0.23% S 2,344.01 2,344.01 0.36% $ 270.92 270.92 0.04°A $ 7,329.80 7,329.80 1.11% $ 18,227.34 18,227.34 2.76°/r $ 6,130.00 6,130.00 0.93°% $ 2,500.00 2,600.00 0.36% $ 13,573.56 13.673.66 2,05% $ 20,970.14 20,978A4 3.17% $ 70,029.84 70,029.84 10.65% $ 1,911.65 1,911.55 0.29°% $ Hg4,90B.001 (154,90_ 8.00) -23,40°% _$. 974{ .24 S(1-54.§08.00) $ _ - $ 819,'d3F 123.75% $ 1,290.900.43 (154,9 .00) $ $ 11136.992.43 T1.60/e 105,00910 171.80% (Use 170%) Exhibit G4 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Mosquito Fleet Trail Bay Street Pedestrian EnhanoementPrglects Sub Consultant: Geo Engineers, [no. Direct Salary Cost (DSC): clasalOcation Man Hours Bale ■ QU Associate 30.0 X 51.50 $ 1,545.00 Senior Engineer/Scientist 58.0 X 43.42 2,519.36 Engineer/ Scientist 3 237.0 X 27.92 6,617.04 Engineer I Scientst 2 18.0 X 26.50 477.00 Engineer / Scientist 1 34.0 X 22,39 760.92 SeniorTechnician 34.0 X 23.65 804.10 Word Processor 26.0 X 24.96 648.96 Project Assistant 16.0 X 31.17 499.72 Project Assistant 1 20.0 X 24.00 480.00 Total DSC = $ 14,350.10 Overhead (OH Cost — Including Salary Additives):. OH Rate x DSC of 216.55 % x $ 14,350.10 31,075.14 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 14,350.10 = 4,305.03 Relmbursables: Itemized = 12,993.00 SubConsultant Total Grand Total - 62,723.27 qC) Prepared By: A �L Data: DOT Re Iced -059 EF axhIt9l 04 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portlons Of the work of this AGREEMENT: DOT FM144D-089EFExhlblle Wraat Labor Base Exhibit G-3 Breakdown of Subconsultants overhead Cost GeoEngt)(ttare, be. o"thud Schod3il8 FlscdYiwtrUm-e t1*31,2008 Finmeld 8ai , ($101.521) MUM A 3l 1317)S t00AOv/o BdmgeBenQts Ppyro111*4V 59,157991 (3225210)' D $1,414781 52,586,725 1437% 19.70% Orou 6uutanco 52;386,726 Wafte;Gomponmt(on 5245097 s3s058,764 231M %igu n,7loltdayandSick- SliOS8,764 170$WOI 46100 $798,702 $ 3,8., bd $L232425 V4 s Damages Total Frtpt a Benellu 5I11'7 35 (S29S4Li1) i8Z 314 4i S.9 6 ds6d40 Gederat Warhead Non•BlilableLabor 1!mpomdubor tfsikmee Account Office Rent& hdslatanehee Teledalhmunleatia s Taxes Sil'to h&y ohd Sap'plias Admiailf<ativa'ltaiel f?�rotlasAPAel Dual,),(e4ttage & Cleanses pripteo(edax DgbiptrientltcAAW & &Wmantnce Bad Debt Professional Consµltent, Burnes >yevotopmmV Marketing Proposels Field and Lahomtoty Supplies insdtmdc Computer Maidtartdlcd end'Soflware Retxuldng 4uA1telpeaiiep Am9tltvpddq at't7opdvfiil Gys6n'hutibna Fib W Panel deaNittiilaivahie ComputbrTealinoTe�y otttet. ()rganlmttonallAoquiaidoh Costa Total General Overhead Total F r1eSp & Goneral Overhead Ovartidad Rate (Lags FCCM) Fps Imp Capital Coal ofMohay Overhead Rene (Includes FCCM) $0,06.60 jS769,570) $101,412 A,%VJ U S9MA fr47 $9791fi46 Tt--,%% 7 t %0 $0 $M.646 (Slo'li8) A (31 ei118) A:go% S2,a50,188 ($64,142). G S2,383,945 21 qws 5491,622 677SA15 0244) Opp A D $4AMS S760.417 1.74% 1.71% 'SM12b,97t1 ($3 gilk $$$S,f17 St.93ely (yi9 ($a0,A) Jax .lip }4}p S7,444,640 W;719 Td F S4,01A19 MORA $518.021 a Immil $0 3.44.9A t00% 5919.20 3744,900 (sy� o) (520,4h) (SI23.406) BAS S60110M 4;58% S70.9$1. (010.168) (S201,059) 30%026 st,Olil,655 (S35S,240) 51,087-;276 00,740 ($30;740) 527,16t (f22,1k� S1,668.277 ti0 (SE4,140)_ 2 OS�7g5 g9 Y9 344)SM 531 St1931 (1 1 8 1$7940) 238.661/9 $6 WAS P M 14 P L W IN $110,984 SM567 sosstm5 51�087,279 f1341,6to s0 50 s0 S 40 519, )te 71_ 325,238,636 3 S,04s!° l9 0$ $28d37�14fi 1.0% l.$885 5.01% 8:2i1afo Move UP% 66.00°Ia 0.00% MON -DAM 149.33% 215.04% 1.51% Exhibit G-A Subcontracted Work Oost & Associates The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT FM 140089 OF E)NbIt0 Exhibit G•1.A Subconsultant Fee Determination - SummarySheet (Mandatory when. Subconsuitents are utilized) Oost & Associates Project: Mosquito Fleet Trail Bay StwFedoehlanEnhancement Proiect Sub Consultant: Oost&Associates Direct Salary Cost (DSC): Planner 218.0 X 115.00 X X X X X X X X C2 t $ 25,070.00 Total DSC = $ 25,070.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of % x $ 25,070.00 = 0.00 Fixed Fee (FF): FF Rate x DSC of % x $ 25,070.00 = 0.00 r Reimbursables: Itemized SubConsultant Total a Grand Total = 25,070.00 Prepared By: //�/�' Date: /6 2� DOT Fon U0.066 EF Evhlbll0.1 1039513ranpsr Place NE PouldoM 93310 Phosa 310340.1251 Emslh obit4@tomt4ttnat October 15,2009 Exhibit G-3.A Mr. NotnrOlsoa Breakdown of Subconsultants Overhead Cost N.L Olson& Associates 2453 Bethel Avenue Port Orchard, WA 99370 RE: Hourly Rate for the Bay Street Trail Project DearNomy My Principal Hourly Rate is $115.00 Ibis rate Is customary and has been my hourly rate for several years. I have used this hourly rate consistently in all areas ofmy professional practice. Oost & Associates has been in business since 1999. We have no employees and operate out of an office in our primary residence. RespecttWly, Dennis Oost RLA, ASLA, Principal Exhibit 0-1.B Subconsultant Fee Determination — Summary Sheet (Mandatory when Subconsultonts are utilized) Project: Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Sub Consultant: Richards&Associates Direct Salary Cost (DSC): Claealnea!!on �� �� _ i�lt Appraiser 90.0 X 39AD $ 3,546.00 X X X X X X X X Total DSC = $ 3,546.00 Overhead (OH Cost -- including Salary Additives): OH Rate x DEC of 64 % x $ 3.546.00 2,269.44 Fixed Fee (FF): FF Rate x DSC of 30 % x $ 3,546.00 = IS63_80 Reimbursables: Itemized = 620.76 SubConsultant Total Grand Total = 7,500.00 Prepared By: Date: 0 2 0 DOT Fork114HO EF ExblbitW Exhibit G-8 Subcontracted. Work Richardst Associates The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT FanU0.060'EP Exhlbh0 Exhlblt G-33 Raymond A. Richards & Associates, Inc. Overhead Schedule Colander Year December 31, 2008 Appraiser Payroll S 156,324.00 100.00% Fringe Benefits PayrollTaxes $ 15,742.00 Medical Insurance _$ 10,489.00 Total Fringe Bsnalft $ 2S,211.00 18.77% General Overhead Secretarial Payroll $ 25,263.00 Information Services $ 2,831.00 Bank Service Charges $ 121.00 Licences & Professional Dues $ 3,370.00 Insurance $ 3,914.OD Legal $ 665.00 Postage $ 502.OG Office Supplies $ 7,221.00 Expense Reimbursements $ 2,800.00 Building Rent $ 12,000.00 Leased Equipment $ 3,662.00 Equipment Maintenance $ 2,369.00 Taxes $ 6,340.00 Entertainment $ 180.00 Utilities Total General Overhead $ 363400 S T-J:ftOO 47,25% Total Fringe and General Overhead $ 100,083.90 84.02'/0 $41/6 Overhead Rate Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: in all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,. accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information, 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as % the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Farm 140AB9 EF E•h100 H Revisede105 6. Incorporation of Provisions: The CONSULTANT shall includethe provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and losses ofequipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-oonsultent or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions Including sanotiona for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, In addition, the CONSULTANT may request the United States enter into such litigation to protect the interests ofthe United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT FOMi 14M$9 EF E%MOIL I Revised 6105 Exhibit J Alleged Consultant Design Error procedures The purpose of this exhibit is to establish a procedure to determine, if a consultant's alleged design error is of a nature that exceeds the accepted standard ofcate. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those Instances where the agenoybolioves it has suffered some material damage due to the alleged error by the consultant. Stop I — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design eror(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures, (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Stop 2 -Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design errors) and the magnitude of the alleged eror(s), and with the Director of Public Works or Agency Engineor's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Stop 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next stop in the process is for the project manager to contact the consultant regarding the alleged design errors) and the magnitude of the alleged eror(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design errors), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design enor(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design effors) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Pon 140.069 EF ExhlbltJ ROvlsed e105 Local Programs Engineer, a summery of the settlement for review and to make adJustments, if any, as to how the settlement affects federal reimbursements. No further action Is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal wimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution, H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Clalm Procedures The purpose of this exhibit is to describe a procedure regarding claims) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claims) that total $1,000 or lass. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the projeot's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation In the claim to the WSDOT Highways and local Programs through the Region Local Programs Engineer. If the olahn is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, W SDOT Highways and Local Programs (if applicable), and PHWA (if applicable) agree with the consultant's claim, send a request memo, Including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DDT FM Ra aed e/069 EF Exh161t K If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that Included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant Caim(s); and • Recommendations to resolve the claim. Step 4 —Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concirrenee from WSDOT Highways and Local Programs and FHWA regarding final settlement of the ohdm. Ifthe claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consu►tarns olaim(s). Include the final dollar amount of the accepted elaim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or Now Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Itirw O&Al ) and duly authorized representative of the firm of N.L. Olson & Associates, Inc. whose address is and that neither I nor the above firm I here represent has; (a) Employed or retained for a commission, percentage, brokerage, codtingentfee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any fine or person In connection with carrying out this AGREEMENT, or (c) Paid, or agreed to pay, to any firm, organization or person (other then a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying outthis AGREEMENT,. except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. re z� o Date Slgnelure DOT FForM14B1060aFEAMM•10) Exhibit M4(b) Cetiification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Port Orchard Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied. condition in connection with obtaining or carrying out this AGREEMBNT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm; person, or organization, any fee, contribution, donation, or, consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to bo.available to the Washington. State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. DOT FFon113"88a EF EDAM M•1(D) Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matteri-Primary Covered Transactions I. The prospeotive primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or it criminal offense in connection with obtaining, attempting to obtain, or performing a public (fedoral, state, or local) transaction or contract under a public transaction; violation of federal or stato antitrust statues or commission of embezzlement, theft, forgery, bribery, feasification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,'stat% or local) with commission of any of the offenses enumerated in paragraph (1) (B), of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): N.L. Olson & Associates, Inc. i r7 2-? 015 / - (Date) (slangs re-) realdsntorAuthorizad0fficialofConsultant DOT Ron M-0.5 EF EAM M•2 Exhibit M-8 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or. employee of Congress, or an employee of a member of Congress in connection with the awarding.of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any tiutds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,'Visolosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to fil6 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 'no prospective participant also agrees by submitting his or her bid or proposal that he or she shall require thatthe language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subreeiplants shalt certify and disclose accordingly. Consultant (Firm): N.L. Olson&Associates, Inc. /7 ee0 17 ey Pat*) alanauye PrK denl or Authorized Official of Consultant DOT Fan 140-099EFEAIMM.9 Revised 6105 Supplemental Signature pp g ConsulfantlAddressffelephone N1. Olson & Associates, Inc. Page for 2453 Bethel Avenue Standard Consultant PortOrchard, WA 98366 Agreement (360)-876-2284 Agreement Number Project Title And Work Desorption Mosquito Fleet Trail Bay Street Pedestrian Enhancement Projects Federal Aid Number STPE 0166-(008) Local Agency City of Port Orchard THIS AGREEMENT, made and entered Into this 27 day of October 2009 , between the Local Agency of City of Port Orchard Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By Ad'., Consultant A).G. C91Pd 4 &Coe. By Consultant DOT FOM 140-080 EF Appendklli.910 Hev1eede/08 I By — Agency By _._ Agency By Agency I S 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 7F Meeting Date: Subject: Ratification of Mayor's Signature on Prepared by: Contract No. os6-io. for 2011 Stormwater Retrofit and LID Grant Atty Routing No Application with the Department of Atty Review Date: Ecology September 14, 2010 Andrea Archer, P.E. Assistant City Engineer NA Summary: In August of this year, the City had an opportunity from the Washington State Department of Ecology (Ecology) to submit funding applications for Stormwater Retrofit and Low Impact Development (LID) projects. Staff reviewed potential projects and decided to try to secure funding for the stormwater portion of the Cedar Heights Junior High Sidewalk Project. The grant application required a 25% match for this application. Staff revised the Engineer's Estimate, and separated stormwater into a separate funding schedule. The stormwater portion to was determined to be $18o,000, of which $135,000 was requested in grant funding on the application. To meet the application deadline, Staff did not have sufficient time to seek approval of the Mayor's signature prior to submittal and are thus seeking to ratify the Mayor's signature on the application. The City's application was submitted to Ecology on August 30 for review and the City will know if it was successful on this attempt to secure funding by the end of the year. Recommendation: Staff recommends Council ratify the Mayor's signature on the Cedar Heights Junior High Sidewalk Stormwater Retrofit Grant Application, Contract No. 056-1o, for the Washington State Department of Ecology in the amount of $135,000. Motion for consideration: I move to authorize the Mayor's signature on the Cedar Heights Junior High Sidewalk Stormwater Retrofit Grant Application, Contract No. o56-1o, for the Washington State Department of Ecology in the amount of $135,000. Fiscal Impact: $45,000 from the Storm Drainage Utility Budget in 2011 if approved. Alternatives: Council has the option to refuse the funding if the City is selected for funding, however, that would not be Staff s recommendation. Attachments: Cedar Heights Junior High Sidewalk Application for Stormwater Retrofit (Contract No. 056-1o) co 0 DEPARTMENT OF ECOLOGY State of Washington Fiscal Year 2011 Stormwater Retrofit and LID Grant Application This FY 2011 Stormwater Retrofit and LID Grant Application Form is available at: http://www.ecy.wa.izov/programs/Wq/fundin2/fundin2.html Related resource information immediately follows the application. To ask about the availability of this document in a format for the visually impaired, call the Water Quality Program at 360-407-6502. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. ECY 070-374 (06110) APPLICATION INSTRUCTIONS The Application The FY 2011 Stormwater Retrofit and LID Grant Application is to be used by eligible cities, towns, counties and ports covered by the National Pollutant and Discharge Elimination (NPDES) Phase I and II Municipal Stormwater permits for the FY2011 competitive stormwater grant program. Please complete all required sections of the application. Incomplete applications will not be considered for funding. Part 1 of the application requests background information on the applicant, the project area, project type, and funding request. Part 2 of the application requests detailed information on the project, water quality problem being addressed, scope of work, and project budget. Application Resources An overview of the funding program, funding ceilings, required match and a list of eligible projects can be found in the FY2011 Stormwater Grant Programs Funding Guidelines. A copy of the funding guidelines can be found at: http://www.ecy.wa.gov/programs/wq/funding/funding.htrnl Ecology's Water Quality staff are available to provide clarification and answer questions regarding the funding program, process, and requirements. You can find Ecology staff contact information on the following page. A list of useful web links is also provided on the following page. Tie Breakers Ties of overall total points in the evaluation of the project are broken using the score to Question 3 - Water Quality and Public Health Improvements. For example in a tie between two projects, the project that scores higher in Question 3 is placed above the other on the priority list. The score from Question 7 - Readiness to Proceed, is used if the tie cannot be broken using Question 3. Application Submittal Information Applications must include all of the following: One original -signature application Two paper copies of the signed original One electronic version of the application in MS WORD format on CD ROM (maps and other attachments to the application can be submitted in PDF format with the electronic version). All application material must be received at the Department of Ecology (Lacey headquarters office) no later than 5:00 p.m. on Tuesday, August 31, 2010. Postmarks are not accepted. Faxed applications will not be accepted. U.S. Postal Mailing Address: Department of Ecology Water Quality Program Financial Management Section P.O. Box 47600 Olympia, WA 98504-7600 ECY 070-374 (06/10) Overnight Mail or Hand Delivery Address: Department of Ecology Water Quality Program Financial Management Section 300 Desmond Drive Lacey, WA 98503 * ` Part 1 FY 2011 Stormwater Retrofit and LID Grant Application DEPARTMENT OF ECOLOGY Sate of Wad hingt", Place the cursor in the gray box at question 1, fill in the answer, and then use the F11 function key to navigate through the remaining questions in the application. OMWBE Certification No.: N/A I OMWBE Type: N/A Name: Lary Title: Mayor Telephone Number: (360) 876-4407 E-Mail Address: Fax Number: (360) 895-9029 themayor@cityofportorchard.us Mailing Address Agency: City of Port Orchard Address: 216 Prospect Street City: Port Orchard State: WA Zip Code: 98366 Name: Andrea Archer, P.E. Title: Assistant City Telephone Number: (360) 874-5536 E-Mail Address: Engineer/Stormwater Fax Number: (360) 876-4980 aarcher@cityofportorchard.us Manager Mailing Address Agency: City of Port Orchard Address: 216 Prospect Street City: Port Orchard State: WA Zip Code: 98366 ECY 070-374 (06/10) Page 5 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application What is the population in the PROJECT area? ly4 What is the Year of the population estimate? 2010 Is a map of the PROJECT location included with the application? ® Yes ❑ No The map should identify the primary location of the PROJECT along with showing its relationship to affected water bodies. Also include the location of other projects funded by Ecology that are adjacent to this PROJECT. Is the PROJECT located in the Puget Sound basin (WRIA 1-19)? ® Yes ❑ No Is the PROJECT located in a basin with salmonid stocks listed as threatened ® Yes ❑ No or endangered in accordance with the Endangered Species Act? ft://www.nwr.noaa.g:ov/ESA-Salmon-ListWgs/Index.cfm Is the PROJECT statewide? ❑ Yes ®No If NO, list below all of the county(ies), Water Resource Inventory Area designation(s) (WRIA), Legislative district(s), and Congressional district(s) where at least five percent of the PROJECT will be accomplished. Please Note: You must select a primary location and then provide additional location information as applicable. All separate designations (County, Legislative District, Congressional District, and WRIA) must equal 100 percent (list from greatest to least percentage, and please break any ties by at least one percentage point Limit your separate Legislative Districts and Congressional Districts to those that cover greater than five percent of the project area. County(ies) for the Project: WRIA(s) for the PROJECT: HUC Code for the PROJECT: htti)://www.ecy.wa.gov/apps/Watershe http://water.usgs.sav/nawaa/sparrow/wr ds/wriapages/index.html 07/eeoerap/eeoeran.html Kitsap 100 16 100 17110018 100 Total 100 Total 100 1 Total 100 Congressional District(s) for the PROJECT: httv://apps.lea.wa.gov/DistrietFinder/ Legislative District(s) for the PROJECT: ht_tp://apl)s.leg.wa.aov/DistrietFinder/ Stream Reach Code (14-digit number depicting the water body for the PROJECT): htt ://nhd.us s. ov/index.html default.as x?ci =&street=&zi = default.as Vci =&street=&zi = 6 23 100 NIA 100 Total 100 Total 100 Total 100 Provide Latitude/Longitude coordinates in Decimal Degrees (e.g., 45.3530/-120.4510) of your PROJECT location and the affected water body. The PROJECT location is the approximate center of where you will be working. The water body location should be in the water body affected by the project, or the PROJECT location for ground water projects. Facilities projects should report the outfall location or center of the land application site. Latitude/Longitude coordinates can be located at: hq://itouchmgp.com/latloniz.htrffl PROJECT Location 47.5165/122.6532 Water Body Name: N/A ECY 070-374 (06/10) Page 6 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application Estimated Start Date: January 2011 Estimated Completion Date: September 2011 PROJECT Length: 9 months For Water Pollution Control Facility Construction projects. Indicate the anticipated Initiation of Operation Date: September 2011 Note: PROJECTS must be completed by December 2014. Is the affected water body listed on the Clean Water Act Section 303(d) List as impaired? Yes ❑ No http://apps.ecy.wa.gov/wgawa/viewer.htm If yes, what is the 303(d)-listing parameter(s) and associated identification number(s)? N/A Does the PROJECT cover a priority area addressed in the Puget Sound Partnership Action Agenda? Yes ® No ❑ The Puget Sound Partnership Action Agenda can be found at: http://www.psp.wa.gov/aa action agenda.phhp If yes, provide the name of priority area. North Central Puget Sound Action Area Check all type(s) of water bodies that this PROJECT targets: ❑ Freshwater rivers ❑ Direct marine water ❑ Freshwater lakes ❑ Saltwater estuary ❑ Freshwater wetlands ® Other (specify) Closed Depression Storm Pond ® Ground water Check all boxes that apply for this PROJECT: ❑ Endangered salmonids ❑ Threatened salmonids ❑ Other Endangered Species Act protected species (identify) ❑ Protection of shellfish habitat http://www,doh.wa gov/ehp/sf/Pubs/annual-inventory.pdf ® Protection of domestic water supply hgp://www.doh.wa.pov/ehp/dw/sentry.htm ❑ TMDL requirements http://www cey wa.gov/programs/wq/tmdUindex html ® NPDES requirements ❑ Other (specify) ECY 070-374 (06/10) Page 7 Part 1 FY 2011 Stormwater Retrofit and LID Grant Appfication ® 1. Retrofit stormwater project. ❑ 2. Install accepted Low -Impact Development (LID) techniques. ❑ 3. Retrofit project with LID components. Check for consistency with costs provided in Part 2, Question 2. Project Amount & Terms: Total PROJECT Cost $489,500.00 This amount represents the full cost of the PROJECT. Eligible PROJECT Cost $180,000.00 This amount represents that portion of the project cost that is eligible for Ecology grant or loan assistance. Contact Ecology staff with any eligibility questions. Ecology Funding Request $135,000.00 This represents the amount Ecology may fund. Refer to the funding program guidelines at: http://www.ecy.wa.gov/pro aQr mslwgZ&ndinQ/ nding.html Other Funds in PROJECT Amount committed from Identify secured source(s) of funds: other agencies: State/Federal agency Surface Transportation Program $150,000.00 State/Federal agency $ State/Federal agency $ Local Agency City Budget $204,500.00 In -kind volunteer $ Interlocal contribution $ ECY 070-374 (06/10) Page 8 Part 1 FY 2011 Stormwater Retrofit and LID Grant Application I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND THAT I AM THE LEGALLY AUTHORIZED SIGNATORY OR DESIMF9MI SummTTAI, I THIS INFORMATION ON BEHALF OF THE APPLICANT. Lary Coppola Mayor, City of Port Orchard THIS CONCLUDES PART 1 10 ECY 070-374 (06/10) Page 9 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program This is the rated portion of the application with a total of 1, 000 possible points. Each question identifies the proportion of available points. Applicants should provide clear and concise information and answers. The Scoring Guide (below each scored question) provides information on what reviewers will look for in a successful application. Pre submittal checklist: ❑ Pre -design report (required for project evaluation and review) ❑ Parts 1 and 2 of the application are complete. Supporting materials such as maps, MOAs, or specific documentation is included with the application packet. ❑ The Funding Request (Part I -Question 10) matches the Budget (Part II -Question 2). EXECUTIVE SUMMARY (0 points) Summarize the overall stormwater project, and the associated stormwater problem and how this project will address or solve the problem. (Limit your answer to 250 words or less.) During the rainy season this area presents multiple problems. Run-off from rain causes puddling and flooding, creating problems for drivers and pedestrians. When temperatures dip and freezing occurs it becomes a glare of ice, dangerous to drivers and pedestrians. It is a direct access to Cedar Heights Junior High School and Sidney Glen Elementary School. The Cedar Heights Junior High Sidewalk Project involves installation of improvements to the existing storm water system, capturing the water that currently flows to Puget Sound and diverting that flow to a closed depression infiltration system, installing a storm defender storm vault and installing sidewalks. This project will eliminate the issue of standing water and direct it to a controlled closed system where it will be allowed to infiltrate into the ground and recharge the groundwater table. The water will then become available for drinking water or eventually reach the Puget Sound after traveling through the aquifer which allows for additional treatment. The completed storm system will be placed on a schedule for operation and maintenance. City Staff is always checking facilities as they drive throughout the city and any problems with the system would be quickly addressed. 1. SCOPE OF WORK Scoring Guide Total 300 Points Complete and concise project description. Provides clear detailed description of project tasks, deliverables, Up to 300 pts. timelines, and purpose. Reviewers award points for a clear, complete, and well thought-out scope that directly addresses a stormwater problem. The scope demonstrates an understanding of the work required to fully implement and complete the project. Using the task and required performance framework provided below: • Provide a detailed scope of work for the project that includes clearly defined tasks, deliverables, timelines, and cost per task. • Describe the project area and provide supporting map(s) and any relevant diagrams and/or pictures. • Reference the stormwater manual used for the project design. ECY 070-374 (06/10) Page 10 Part 2 r x 1-uljL aturmwater netront ana LiLl) urant The project area currently has wide gravel shoulders with minimal stormwater facilities. The catch basins that do catch exist in the project area drain to a severely undersized system with no treatment prior to discharge. The limited amount of water that follow natural drainage paths settles in a closed depression for infiltration. Please see attached photos for the project area and the closed depression. All design will conform to the 2005 Department of Ecology Stormwater Management Manual for Western Washington. Task 1— Project Administration and Management (Task Cost: $40 000• Eligible Cost: $15 000) A. The RECIPIENT will administer and manage the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; conducting, coordinating, and scheduling of all project activities; quality control; and submittal of required performance items. The RECIPIENT will ensure that every effort is made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and any interested individuals or groups. The RECIPIENT will cant' out this project in accordance with completion dates outlined in this Agreement. B. The RECIPIENT shall submit all invoice requests and supportive documentation to the Financial Manager of the DEPARTMENT. Required Performance: 1. Effective administration and management of this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, including the Post Project Assessment Plan, progress reports, financial vouchers, and maintenance of all project records. Task 2: Complete Design (Task Cost: $50,000• Eligible Cosh $50 000) A. City Staff will develop a request for proposals (RFP) including evaluation criteria, proposal format for submission, and an explanation of the project to date. Then send this to selected engineering firms from the Professional Services Roster at the City. B. City Staff will select a consultant from the RFP's and negotiate a contract, while keeping the DEPARTMENT appraised. Once terms are agreed to by the City, Consultant and DEPARTMENT, consultant contract will be sent to Council for approval and signature by the Mayor. C. Consultant will design storm water system to City's specifications to remove Water Quality/Quantity issues from the existing system. Meetings will be held with City and South Kitsap School District Staff s at each design stage to make certain that goals and milestones are met in the design to remove storm water issues. D. RECIPIENT shall complete the National Environmental Policy Act (NEPA) documentation for re- ECY 070-374 (06/10) Page 11 Part 2 r Y. /.uii atormwater icetront ana Lill urant evaluation. This paperwork will explain the water quality improvements that will be accomplished -by - the construction of this project, ADA compliance, and extending the deadline for construction (funding permitting). A copy of the documentation will be submitted to the DEPARTMENT for their review. E. At 100% completion, plans and specification will be sent to the DEPARTMENT for their files. F. Bid documentation, plans and specifications, will be provided in bid ready packets for the construction bidding process to begin (funding permitting). Required Performance 1. Complete all required documentation for RFP and generate mailing list from professional services roster at the City of Port Orchard. 2. RFP's mailed to Consultants the first week of January 2010. 3. All Staff reviewing RFP's will submit all paperwork to the Project Coordinator. 4. Document all negotiations with Consultant for contract and place in file. 5. Notify Department of Ecology with name of Consultant when selected and approved. 6. Plans and specification will be sent to the DEPARTMENT for their files at 100% completion. Design completion shall be achieved by February 28, 2011. 7. NEPA will be resubmitted by RECIPIENT for re-evaluation explaining the changes in the storm water system, ADA compliance, and extending the deadline for construction. NEPA shall be submitted by November 30, 2010 to WSDOT. Approval of the NEPA documentation by the approving authorities will be received prior to bidding the project. 8. RECIPIENT will bid project and select lowest responsible bidder from bids. The DEPARTMENT will be provided a copy of the bid tab for their files. 9. City will begin construction listed under Task 3. Task 3: Construction (Task Cost: $359,500; Eligible Cost: $102M A. The RECIPIENT's Contractor shall construct the improvements according to the contract documents approved by the DEPARTMENT. B. Inspection of the Contractor's work to ensure conformance with the contract documents will be performed as part of Task 4 (Inspection). C. Contractor shall incorporate into the work necessary and applicable BMPs to protect water quality. D. Contractor shall make submittals as required by the contract documents, to comply with applicable local, state, and federal laws. Required Performance: 1. Successful completion of the construction of the improvements. 2. Maintenance of record drawings by the Contractor to document changes to the design. 3. Preparation and submittal of equipment O&M manuals by the Contractor. 4. Preparation of administrative submittals to document compliance with prevailing wage laws. ECY 070-374 (06/10) Page 12 Part 2 r x zuii 3turmwater Ketront and Lill Brant A. RECIPIENT shall provide inspection services for the project to ensure that construction conforms to the contract documents. B. RECIPIENT shall review submittals from the Contractor for conformance to the contract documents. C. RECIPIENT shall prepare change orders to formally document changes to the original construction documents. Changes to be documented include changes in the scope of work, contract price, construction methods, times to complete the work, or major design or process changes. Required Performance: 1. Preparation and maintenance of daily inspection reports. 2. Review of shop drawing and administrative submittals from the Contractor and documentation of review comments. 3. Preparation of responses to Contractor's requests for information, field orders, and change orders as required. 4. Review of monthly pay requests and submittal to Ecology for processing. 5. Maintenance of central construction files. 6. Conduct construction meetings at least bi-weekly with attendance by DEPARTMENT staff as requested ECY 070-374 (06/10) Page 13 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 2. PROPOSED BUDGET (up to 150 points) Scoring Guide Total 150 Points Complete project budget is consistent with the scope of Up to 20 pts. work. The cost estimates are clear and reasonable. Up to 30 pts. The project budget represents a good value for the work and water quality benefit achieved. A value analysis or Up to 100 pts. similar study was performed. Budget: Points are awarded for a complete, reasonable budget that is consistent with the tasks described in the scope of work. Please fell out the Budget by Task and by Object. • Clearly define the Task- or Object -oriented budget. 'MTAT Fl:n/6/o Cnci 6v Tack i+lomonic Pro osed Project Bud et and Time Frame Task elements Total Project Total Eligible Cost Estimated months needed to coin lete 1. Project administration management $ 4000 9 2. Complete Design $ 5 000 4 3. Construction $ 30.000 5 4. Inspection $ 4 fl[7 000 5 5. $— — 6. $— — Total costs and months needed to complete: $40.000 9 TOTAL Salaries: $ 15,000 Benefits: $ 0 Indirect costs: $ N/A Contracts: $ 165,000 Materials, goods, and services (list major item): $ N/A Equipment (list major items): $ N/A $ N/A $ N/A Travel: $ N/A Other (please outline): $ N/A $ N/A (May include up to 25% of employee salaries and benefits) ECY 070-374 (06/10) Page 14 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program Match Source List other funding sources and amounts, including local cash matching funds. In -kind contributions are not eligible. Funding Source: Surface Transportation Program $ 150,000.00 Funding Source: City Budget $ 204,500.00 Funding Source: $ Describe the status of matching funds: All funds are already obligated and secured. Cost Estimate Process: Reviewers award points to cost-effective projects with accurate cost estimates. For example, an applicant may determine cost effectiveness and estimate accuracy based on experience with past or on -going projects, through consultation with other entities that have related experience, or through a planning process such as value analysis. • Describe how costs were estimated. Include the steps taken to ensure accuracy. • Describe the process used to control cost and ensure that this is a cost effective project (e.g., value engineering or cost benefit analysis). • Identify the Match sources. The Engineer's Estimate was completed in late 2007 and the project was bid in early 2008, all bids were rejected due to a lack of funding between the bid prices and the Engineer's Estimate. Costs were verified in August 2010 using the Washington State Department of Transportation (WSDOT) Bid Analysis spreadsheets for our region to reflect the current bid prices over the last twelve months. The City has value engineered the project with WSDOT and the South Kitsap School District and will begin revising the plans in early 2011 when funding is available. Funding to date has been secured through the Surface Transportation Program from WSDOT and through the City budget. Match funding for this grant, if received, would come from the City's Storm Drainage Utility Budget in 2011. ECY 070-374 (06/10) Page 15 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program 3. SEVERITY OF PROBLEM, STORMWATER QUALITY, AND HYDROLOGIC IMPROVEMENTS Scoring Guide Total 300 Points Severity of the stormwater problem is well documented. Up to 75 pts. Project will achieve substantial water quality or Up to 150 pts. hydrologic benefits. Project success can be measured, and proposed methods to measure success are reasonable. Up to 25 ts. The project provides long term sustainability of water quality benefits (e.g., Operation and maintenance of the Up to 50 pts. system, long-term program follow-up, watershed management). Reviewers award points for addressing severe stormwater problems, documentation of those problems, and expected protection of water quality and improvements to hydrologic function. Additionally, reviewers award points for new development projects that minimize changes to the natural hydrology, or retrofit projects that improve the hydrology of the project area. Projects with substantial environmental improvements receive the most points. Projects with measurable improvements receive more points than those with unclear or vague benefits. Reviewers will consider the actual benefit, the total impact (area impacted, number of people affected) and level of implementation, and the severity of the problem. Reviewers will consider only changes that can be achieved by the proposed scope of work. • Define the severity of the stormwater problem. If available, show how the problem has been documented in a plan or assessment (e.g., TMDL Water Quality Improvement Report or Water Quality Implementation Plan, presence of 303(d)-Listed water bodies, part of watershed or salmon recovery plan). • Describe the expected project results, including how the project will achieve water quality protection or improvements and restore hydrologic functions. • Describe how much of the problem will be addressed by the project. • Describe how success of the project will be measured and documented. • Describe how the water quality and or hydrologic improvements will be sustained for the long-term. As appropriate, include information on how long-term operation and maintenance of the facility will be addressed. • If in the Puget Sound basin (WRIAs 1-19), describe how the project meets the goals of the Puget Sound Partnership Action Agenda, and how well it aligns with Section C of the Agenda. The Puget Sound Partnership Action Agenda can be found at: hn://www.pssp.wa.gov/aa action a eg nda.php ECY 070-374 (06/10) Page 16 Part 2 r i wii awrinwater imetront ana Lill Brant Program The piping in the project area does not have enough capacity to cope with stormwater during rain events of measurable quantities. As such the water tends to pool on the roadway, creating unsafe conditions. When vehicles access the area it creates a concentrated wheel wash which allows more copper, zinc, total suspended solids, polycyclic aromatic hydrocarbons, oils and grease to enter the water which will eventually enter the catch basins after the storm event. The proposed project would allow for the existing catch basins to be reconnected and flow to a closed depression or settling basin for infiltration and treatment. From the catch basins, the water flows through piping to a downstream defender, which will remove oil as shown on page 10 of the enclosed plans, to a energy dissipater tee prior to entering the closed depression. The capacity at the settling basin will allow the water from the entire project area to settle and infiltrate, thus removing it from the roadway prior to additional contaminant loading. Monitoring of the project area, including the settling basin, will be achieved through photographs during storm events and water sampling during the first few rainstorms of the wet -season. The results from the water sampling, combined with visual inspections will determine the maintenance requirements to this portion of the stormwater system. Additionally, the completed storm system will be placed on a schedule for operation and maintenance that the City has developed to meet our National Pollutant Discharge Elimination System (NPDES) Permit requirements. Also, City Staff is always checking facilities as they drive throughout the city and any problems would be quickly addressed. Areas where continuous maintenance with similar facilities has occurred show that the methods we wish to implement in this project area have worked in the past and continue to work currently. Compliance with the Puget Sound Partnership Action Agenda is achieved through the prioritization and implementation of stormwater retrofits in urban areas, including roads. 4. PROJECT TEAM Scoring Guide Total 50 Points Team members' roles and responsibilities are well defined and an estimated percentage of time each team member Up to 30 pts. will devote to this project is adequate for the scope of work. Team members' past experience is relevant. Up to 20 pts. Reviewers will award points based on skills, qualifications, and experience of the project team members. Describe roles and responsibilities of each team member. As applicable, include contractors and partner agency roles. Include the estimated amount of time each team member will devote to the project. (e.g., what percentage of each team member's work week will be devoted to this particular project?) Describe the relevant skills and qualifications of each team member (do NOT submit resumes). Discuss your commitment to maintain staff competencies and responsibilities over the life of the project. • Mark R. Dorsey, P.E., Public Works Director/City Engineer, is responsible for reviewing, approving, and providing direction for the project, bid documents, and construction to ensure that the project is consistent with City policies and planning goals. During construction, he will be responsible for approving change orders for the City. Mark has over 28 years of experience as a city engineer and/or consulting engineer. 15% of his time will be devoted to this project. • Andrea Archer, P.E., Assistant City Engineer/Stormwater Manager, will be assisting the Public Works Director/City Engineer with construction oversight and management for the proposed project. She has 10 years experience with design and review of drawings, specifications, and construction management and over 4 years experience with federal and state grants and loans. 30% of her time will be devoted to this project. • Jay Cookson, Public Works Supervisor, will be assisting the Public Works Director/City Engineer and the Assistant City Engineer/Stormwater Manager with construction oversight and provide responses to technical and administrative questions related to the operation of the City's utilities in the area. He has over 30 rears ECY 070-374 (06/10) Page 17 Part 2 FY 2011 Stormwater Retrofit and LID Grant experience with the City utilities and will devote 20% of his time to this project. Donna (DJ) Phipps, Public Works Office Manager, will provide the document administrative functions, including appropriate mailings, tracking, filings, and document storage. DJ has 5 years of experience handling state and federal documentation requirements and 16 years of increasingly complex administrative responsibilities, including document management. Approximately 10% of her time will be spent handling the documentation for this project. Heidi Draper, Accounting Assistant III, will assist in the monitoring and preparation of financial documents. She has 21 years of governmental accounting experience that includes monitoring, auditing, and preparing financial documents for project management accounting, federal, state, and local grants, accounts payable, and trust fund loans. 3% of her time would be devoted to this project. City Staff is continuously encouraged to challenge themselves and seek training opportunities. Public Works Staff meets weeklv to ensure that tasks and responsibilities are being met. 5. PROJECT DEVELOPMENT PROCESS AND LOCAL COMMITMENT Scoring Guide Total 100 Points A comprehensive decision making process was used to Up to 50 pts. arrive at the proposed project. The level of local support and commitments from project Up to 20 pts. partners is documented. A collaborative process will be implemented to execute Up to 30 pts. the project. Reviewers award points based on project development and implementation efforts and commitments from project partners. Provide documentation as appropriate (e.g. MOA, interlocal agreement). • Describe the decision making process used to select this project. Why was this project chosen as the best solution over other project? • If applying for multiple projects in the same area or if this project is part of a larger phased project, describe how the projects or phases are different and explain the water quality priorities for the area. • Describe how you have involved and fostered local, regional, and statewide partnerships for the success of the project. • Describe past project performance, water quality outcomes, and how you will sustain long-term water quality efforts for this project. • Describe past project successes, including outcomes achieved, and performance. The City is in the second year of setting up a Storm Drainage Utility, completion of this project would require a large percentage of the capital budget be set aside in the Utility. This project would allow treatment facilities to be installed in the form of catch basins, a closed depression or settling basin to allow for infiltration, and reduce the standing water at the intersection which degrades water quality by picking up more pollutants. As part of this project an easement was secured from the school district to drain the storm water to a closed depression pond (or settling basin) on the school property adjacent to the project. As such the City is working with the school district to minimize impacts to students during construction. Construction will occur during summer break (June thru September). Also, the School District has been and will continue to be involved with design review by providing comments which the City addresses. The completed storm system will be placed on a schedule for operation and maintenance that the City ECY 070-374 (06/10) Page 18 Part 2 r x Luii mormwater xetront and Lill (rant Program has developed to meet our National Pollutant Discharge Elimination System (NPDES) Permit requirements. Additionally, City Staff is always checking facilities as they drive throughout the city and any problems would be quickly addressed. Areas where continuous maintenance with similar facilities has occurred show that the methods we wish to implement in this project area have worked in the past and continue to work currently. 116. READINESS TO PROCEED --I� Scoring Guide Total 100 Points Project elements are in place for the project to proceed Up to 70 pts. and documentation is provided (e.g. Planning, Design, Permits). SEPA review is complete and documentation is provided. Up to 15 pts. Cultural Resources (Exec. Order 05-05) is complete and Up to 15 pts. documentation is provided. Reviewers will award points based on how soon a project can begin construction. Describe the steps you have taken to proceed immediately with the project. Provide detailed information and documentation on project elements such as status of designs, permits, inter -local agreements, landowner agreements, easements, other secured funding, staff, or agency approvals. Describe what environmental review has taken place, such as: State Environmental Policy Act (SEPA). Al o Cultural resource assessment (Executive Order 05-05). http://www.dqhp.wa-voy/pages/EnviromnentalReview/Laws.htm Project has been approved through the Washington State Department of Transportation (WSDOT), NEPA is complete, Cultural Resources has been completed, the easement is already secured with the South Kitsap School District for the storm line installation. Funding is secured from the Surface Transportation Project and the city budget has secured the remaining funding. The Record of Materials has already been processed through the WSDOT Materials Laboratory, and would only require minor revisions to include the additional work. Minor revisions to the NEPA would be required for the storm water, WSDOT has already been briefed on this minor change and is in agreement. All revisions will occur in early 2011 for bid by late March/early April 2011. THIS CONCLUDES PART 2 ECY 070-374 (06/10) Page 19 Part 2 FY 2011 Stormwater Retrofit and LID Grant Program To ask about the availability of this document in a format for the visually impaired, call the Water Quality Program at 360- 407-6502. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. ECY 070-374 (06/10) Page 20 ' �6r. (�,, �4�t Y.44 1. � Rb. /} _ _ _ 1, A .. '. � b'SS .. .�.• r,2$$ylrp:.,. .. . .�a�, ... _ � .. fc �s T .� ' u ry: r .b _ - :. �,.Y,:, e R � a A'r �: - �. .s . 1?� -.... _ { V YA n ;'�� h - ''' �+ � 1 �"'� � ,� _ "' -ry� y >d a. l $: ��� � M ''� �Y { i�q ... 'V "A-" "' � ._ Y, yr. C.'. tr�._ ` � � ' � J AAA p. p f w, Pr u- � Y 1 • ';A A s 7l t �> � - r IF . f 6 n y ,� 'lam / �}' ��J ia•`92 �•L.e.• -•� �, A �^yY A: M�C•Y.. AJ� 5 r s, �1bL010 0� y ! L Ky ]r} A A I r`!� � _ `rr ... ... p_ � - ._..... t _-i .�.. �.. � �-._ - _ .�. _ `^__��-� L `_ .o- �2wy 3 'Sr � �, � r ` 'fry -an,: .i L 1 'g�'y.��x � �-adv '' ra'4 r y `q' � a ; �` � jti��r a � �� x� .• x k tiZ n'a,. x S* L � uT ti4x i6'p. 4� r yt� v C� � i'+j t�)j �'� � �� r L > �xS 4 i Ylr{ 'i ':kJ _fir hra• .µ> f 1�yt ti �Y K a 11717 NK WOMB tl AV / - I r I s .. I '4. -- .- i�. l' I -L.j -T- lu A Cedar Heights Jr. High School Sidewalk 7" .'sMTMM UUM AMA PQPULATM G"Q .vr- Im". 1.011 )MV,t URBAN .AREA NAP BREMERTON PORT ORCHARD & VICINITY RIFSAPCOUNrY 197Y Tl� mm 0 I El }l C DeparWashtment State P De artment of Transportation Local Agency Environmental Classification Summary Part 1 Project Description Federal Aid Project Number Route Date Created Intent of Submittal STPUS 6621(001) 5117106 ❑ Preltminary Final ❑ Re -Evaluate Agency Federal Program Title City of Port Orchard 20.205 [j 20.209 ❑ Other Project Title Cedar Heights Jr. High School Sidewalk Improvement Begin MP End MP Mlles .13 Townships 23N Ranges 9E KP KP KM Sections 03 County Water Resource Inventory Area (WRIA) No. & Name Within Puget Sound Basin? []i Yes ❑No Project Description Installation of 700linear feet by 6 feet wide sidewalk at Pottery Street SW. to accommodate children walking to Cedar Heights Jr. High School. Part2 Environmental Classification —1 NEPA Q Class I - Environmental Impact Statement (EIS) ❑+ Class II -Categorically Excluded (CE) CE Type (from 23 CFR 771.117) Projects Requiring Documentation (Documented CE) (LAG 24.22) ❑ Class III - Environmental Assessment (EA) []Programmatic CE MOU SEPA ❑ Categorically exempt per WAG 197-11.800 CE Type (from SEPA Checklist) ❑+ Determination of Non-SignHicance (DNS) ❑ Environmental Impact Statement (EIS) 0 Adoption 0 Addendum Supplemental '/ N A Approval Signatures /� ZA ZoG Local Agency Approving Authority Date Regional %Local Programs Engin r/ Ass ant Secreter, � 4 Highways and da`I Programs Environmental Engineer 512 Z 16 Dale 12- -3 - a-:7 Date /L — s'-07 Date ��✓j Completed 8y (Print Official's Name) Telephone (include area code) Fax (include area code) DOT Farm 140-100 EF Revised 312005 Page 1 of 7 ''i, Part4 Environmental Considerations -Continued 3. Cultural Resources/Historic Structures - Identify any historic, archaeological, or cultural resources present with the project's area of potential effects. Does the project fit into any of the exempt types of projects listed in Sect. 24.82(a) of the LAG Manual? ❑ Yes 8' No If Yes, note exemption below. If No: Date of OAHP consultation Date of Tdbal consultation(s) (if applicable) Adverse affects on cultural/historic resources? El Yes 13 No If Yes, date of approved Section 1D6 MOA 4. Flood Plains or Ways Is the.project located In a 100-year flood plain? ® Yes 0+ No If yes, is the project located in a 100-year floodway? E3 Yes 8 No Will the project Impact a 100-year flood plain? ® Yes ®No (If Yes, describe impacts and analysis conducted.) S. Hazardous and Problem Waste - Identify potential sources and type. Is the project likely to Involve site dean -up? ® Yes M No None Will the project create any hazardous waste? D Yes ❑v No (If Yes, describe waste handling and disposal.) None 6. Noise - Identify potential sensitive receptors or previous mitigation commitments. Briefly describe your impacts to the sensitive receptor, If present. Upon completion of this project it will not increase ambient noise level. Construction noise temporary and during daylight hours. 7. Parks, Recreation Areas, Wildlife Refuges, Historic Properties, or Scenic Rivers/Byways, 4(f)I6(f) Lands - Identify any properties within the project limits and, If any are present, describe Impacts to properties present. None DOT Fan 140.100 EF Revised 312006 Page 3 of 7 1 1� Y Part 4 Environmental Considerations -Continued 12. Water Quality/Storm Water Has NPDES municipal general permit been issued for this WRIA? E3 Yes WNo Amount of existing impervious surface.within project limits: Net new impervious surface to be created as a result of project: Will this project's proposed stornwater treatment facility be consistent with the guidelines provided by either WSDOT's 20D4 HRM, DOE's western or eastern Washington storrwater manuals, or alocal agency equivalent manual? M Yes ® No If no, explain proposed water quality/quantity treatment for new and any existing Impervious surface associated with proposed project. Current area is considered Impervious due to compaction from driving on. 13. Previous Environmental Commitments Have previous environmental commitments been made in the project area? ® Yes 8 No Describe commitments. If commitments are a result of permit conditions, identify issuing agency, perm t number and date, and how commitments will be met. 14. Long -Term Maintenance Commitments Are long-term maintenance commitments necessary for this project? 0 Yes ® No Identify. Road and sidewalk. 15. Environmental Justice Are minority and/or low income communities impacted by the project? ❑ Yes 90 No (If Yes, Identify the impacts.) Project Is in an moderate income community. DOT Fomn 140-100 EF Revised 312005 Page 5 of 7 '0 f Determination If all the above questions were marked No (with the exception of Question ea.), or ff any of the above Items were checked Yes or Don't know, but an adequate justification has been provided to support a no effect determination, then check No Effect. If any of the above items were chocked Yes or Don't Know (with the exception of Question Be.), a biologist is required to conduct a review and evaluate the project; complete the section 7 consultation process per section 24.7 of the LAG manual. Note: If a biologist is required to conduct a review and evaluate the project, this does not preclude a no effect determination. NOAA Fisheries USFWS 0 No Effect ® NLTAA Date of Concurrence ® LTAA Date BO Issued Date of First 6 Mo. Update Essential Fish Habitat Determination: 13 No Effect m Adverse Effect. Date of NOAA Concurrence Analysis for No Effects Determination (Required If any item in Section 5 was checked Yes). i 12a finding and filling to accommodate sidewalk construction is occurring on compacted shoulder shoulder. Use Supplement Sheet if additional space is required to complete this section. DOT Form 1d0-100 EF Page 7 of 7 Revised 312005 Amk Washington State.e, OF Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation December 21, 2007 Mr. Maher Abed City Engineer City of Port Orchard 216 Prospect Port Orchard, WA 98366-5326 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705.7000 TTY: 1-800-833-6388 www.wsdot.wa.gov City of Port Orchard Cedar Heights Sidewalks�5`>qRg STPUS-6621(001) FUND AUTHORIZATION Dear Mr. Abed: We have received FHWA fund authorization, effective December 20, 2007, for this project as follows: PHASE TOTAL FEDERALSHARE Construction $125,000 $108,125 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA 5854 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Neal Campbell at (360)357-2666 . Sincerely, / J*� �M---- r°P-' Stephanie Tax Manager, Program Management Highways & Local Programs Division ST Jg:ac Enclosure cc: Neal Campbell, Olympic Region Local Programs Engineer, MS 47440 550,1010� Washington State �A" Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Port Orchard 1 Federal Aid Project Number Agreement Number CFDA No. 20m205 STPUS 6621(001) LA 5854 (Catalog of federal Domestic Assistance) The Local Agency desires to supplement the agreement entered Into and executed on ' All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Install new 6 foot wide sidewalk along Pottery Street SW for School Length 700 Feet Termini aCedar Heights Jr. High School to Ljppert Drive . Description of Work ® No Change Reason for Supplement To obligate the construction funds to proceed with this phase of the project. Does this change require additional Right of Way or Easements? ❑ Yes ® No Type of Work Estimate of Funding (1) Previous A reement/Su I. (2) Supplement pp (a) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a.A enc - -% b.Other 23 ou --' o'i3 0o, — 3/05 — 12 9s -- c.Other M rb SOO, -- soo, — ('8" 1136, -. Federal Aid State d. Particlpatlon Sot7, Sbd — �. -' y 3 S, ^ Ratio forPE e. Total PE Cost Estimate (a+b+c+d) .23 oou, 023 000. — 3 3 75, ^ ! 68 (— Right of Way I. Agency .Other Federal Aid h. Other Participation Ratio for RW I. Stale' . Total RMl Cost Estimate f+ +h+l Construction k. Contract 120,000.00y 120,000.00 16,200.00 103,800.00 I. Other /W m. Other n.Other 3,000.0 D 3,000.00 405.00 2,595.00 86.5 % o. Agency 1,000.0 9 1,000.00 135 00 865.00 Federal Participation , State Participation 1,000.0 1,000.00 135.00 865.00 Ratio for ON q, Total ON Cost Estimate (k+l+m4n+o+Dl 125,000.00 16,675.00 106,125.00 r. Total Pro ect Cost Estimate a++ s'V, "Won rq °,:, -26-,0S0.00 16,875.00 }A ,6'25A0 The Local Agency further stipulates that pursuant to said Tale 23, regulatiorts and policies and procedures, and as a condition &'9, Aso, to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official By c�i�-� Title-Mafnor =F f art Dry hard Washington State-Qepfirtment of Tr nsportation By Director of Highways and Lobal Programs Date Executed DEP 127007 DOT Form 140.041 EF Adft Washington State A0 Department of Transportation Douglas B. MacDonald Secretary of Transportation February 28, 2005 Mr. Alan Lobdell Interim City Engineer City of Port Orchard 216 Prospect Street Port Orchard, WA 98366-5326 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504.7300 360-706.7000 TTY: 1.800-833.6388 www.wsdot.wa.gov City of Port Orchard Cedar Heights Jr. High School Sidewalk STPUS-6621(001) FUND AUTHORIZATION Dear Mr. Lobdell: We have received FHWA fund authorization, effective February 28, 2005, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $25,000 $21,625 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-5854 between the state and your agency. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer. Sincerely �� `�% ` ;Ge ' Stephanie Tax Manager, Program Management Highways & Local Programs Division ST:ds:ac Enclosure cc: Neal Campbell, Olympic Region, MS 47440 ITA- 2eres Iq REGION copy, Appendix 22.41 Local Agency Agreement Washington Estate Local Agency Agreement MAIF DopaRment of Transportation CFDA No. 20.206 Agency City of Port Orchard (Catalog of Federal Domesild Assistance) 1 Address 216Pros�eet Project No. t-rpLk�— (g('o ��OI J Port Orchard, WA 98366 Agreement NO - Wag wDO s The Local Agency having Complied, or hereby agreeing to comply, with the terms and conditions set fools in (1) Title 23, U.S. Code I-lighways, (2) the lrbyttheeWeshinglon State Department o[Tra1111c: Or nsponattout q and (5) the (hderelet sa d project a7 and agreementtentemd into between th) the policies ande State and s hoe project by separate notification. Federal fhnds whicmt the Washington are toabe oblliigated for the project ertinent may put rextend the moorize the unt shownnhereiproceed n tin to without the Fedora Governmenwrittsshellen ho authority bythe siate;s bjectlto the Ageoov loRhe Federal 1-lighway Administration. All project costs not reimbursed by column 3,fthe Description of Work Cnns4rut.+ Ca' w;clp s;rlewe.11e N ?pvl�'' Type of Work - EsemaledTotal EsdmaledAgency Esumawa Federal %u Prow Funds Funds 5Funi -E BCya a. A enc Other Consultant 10 0 23000 135 3105 19432 432 500 68 c.Other 500 68 432 Federal Ald Paniclpatton d. State Estimate a+b+c+d 250 00 3375 21 625 Ratio for PE e. Total PE Cost iight of Way f. A one _% cf. Oth mr h. Other Federal Aid Pallolpation 1 State Q 0 0 Ratio for Rw Total RAv cost Estimate f+ +h+ 000 16 200 103.800 Construction k. Contract I othe 1 000 135 865 m. Other n.Other 2 000 270 1 730 ide!fS. o. enc 2 270 Q Federal Ald PanicIppaflon 01 16 875 108125 Ratio for CN . Total ON Cost Estimate k+I+m+n+oa t' r. Total Project Cost Estimate (e+j+q) - ^, a 1, 0,45 15i59;809" State De artment of Transportaion Agency Official Washington /&G� Kim E. Abel By By Title Mayor, City of Port Orchard Assistant Secretary for Highways and Loral Programs PrLU 8 2005 Date Executed 00T Farm 140-039 EF Revised0u2004 22-3 Local Agency Guidelines of Port Orchard Prospect Street Orchard, WA 98366 antee(a): (1) City of Pc :gal Description (abbrevish additional legal on page: 3 PORT ORCHRRD CITY OF 200705040106 Easement Reg Fee: $ 42.00 05/04/2007 10:55 A Page: 1 or 11 ar�lilO �`I1111a111uiiii1111111 EASEMENT NE %SEC 03 TWP 23N RGE 1E THE GRANTOR, South Kitsap School District, for valuable oonsideration, in han paid, receipt and adequacy of which is hereby acknowledged, conveys and grants to th Grantee, the City of Port Orchard, its successors and assigns, a permanent, not exclusive easement, over, under, in, along, across and upon, the following property: See full Legal Description' attached hereto as Exhibit A and incorporated herein by this reference. For the purpose of constructing, reconstructing, installing, repairing, reph -acing and maintaining Storm Water Conveyance System, Curb, Gutter Sidi associated appurtenances togelherwith right of ingress and Ogress thersto w • institution of any suit or proceedings of law and without incurring any lations or liability therefore. All Storm Water Conveyance System, Curb, Gutter Sidewalk and appurtenan transferred to the ownership of the City of Port Orchard In, the extent that they tied within the above -described easement. This easement is granted subject to the following terms and conditions: 1. Restoration. The Grantee shall, upon completion of any work within property covered by the easement, restore the surface of the easement, EXCISE TAX E)MMPT MAY - 4 2001 550. 1 O, 01 any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor's Use of Easement Area. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (a) Erect or maintain any buildings or structures within the easement; or (b) Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or Interfere with the utilities to be placed within the easement by the Grantee; or (c) Develop, landscape or beautify the easement area in any way whict would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. 3. Permits. Grantee shall be required to obtain all necessary approvals and permit: im such governmental entities with jurisdiction for the construction anti installation o a improvements within the Easement Area. 4. Maintenance. Grantee shall be responsible at all times for maintenance and repai the Easement Area arising from or related to Grantee's use and activities within thi IsementArea. Grantee shall not be responsible for the day-to-daylandscape orweei ntrol maintenance of the area. 5. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from claims, demands, losses, damages, expenses, and costs, including, attorney's fees i costs, arising from or related to Grantees use of or activities within the Easement is, including access to the Easement Area granted hereunder; including but not Red to the discharge by Grantee, its successors, assigns, invitees, and licensees of f Hazardous Materials within the Easement Area in violation of any applicable federal, to or local statutes, ordinances, rules and regulations. Grantor shall Indemnify, fend and hold Grantee harmless from any claims, demands, losses, damages, Senses, and costs, including, attorney's fees and costs, arising from or related to antoes use of or activities within the Easement Area. 6. Miscellaneous. 6.1 All notices provided for herein maybe telecopied (with machine verification receipt), sent by Federal Express or other overnight courier service or delivered or tiled registered orcertified mail, return receipt requested. If a notice is mailed, it shall considered delivered three (3) days after deposit in such mail. If a notice is sent via. ecopy, it shall be deemed received upon receipt of verification of transmission. if a Lice is sent via overnight courier, it shall be deemed received upon the next business PORT ORCHARD CITY OF 200705040106 Easement Rae Fee: S 42.00 05104/2007 10:55 AM Page: 2 of 11 Karen Flynn, Kilsap Co Auditor 111111111111111111111111111111111111111111111111 IIII 11111111111111111111111IIII IIII The addresses to be used in connection with such correspondence and m the following, or such other address as a party shall from time to time direct: Grantee: City of Port Orchard 216 Prospect Sheet Port Orchard, WA 96366 Telephone: 360466.4991 Facsimile: 360-676-4980 Attention: City Engineer Grantor: South I(Isap School District 1962 Hoover Avenue S.E. Port Orchard, WA 98366 Telephone: 360-874-7013 Facsimile: 360-876-7675 Attention: Assistant Superintendent for Business and Support Services 6.2 This Easement shall be construed and enforced in accordance with the laws State of Washington. 6.3 This Easement shall not be construed more favorably to one party ov ther, notwithstanding the fact one party, or its attorney, may have been mo )onsible for the preparation of the document, 6.4 If any lawsuit or arbitration, as may be agreed upon between the partie as in connection with or performance under this Easement, the substantia vailing party therein shall be entitled to recover from the losing party thesubstontia vailing party's costs and expenses, including reasonable attorneys' fees, incurred nection therewith, in preparation therefor and on appeal therefrom, including those bankruptcy proceeding, which amounts shall be included in any judgment enter 6.5 Thts'Easement constitutes the entire agreement between the parties and rdifloation, amendment, addition to or changes to this Agreement shall be valid forceable unless in writing and signed by all parties. 6.6 The Easement shall boa covenant running with the land and this Easem shall burden the Easement Area and (iti) shall be binding upon the successors I signs of Grantor and Grantee. PORT ORCHARD CITY OF 200705040106 0,0427l55 42.00 page: 3 of5,00e AM 11 Karen FlynnKitsap Co Auditor 111,10III 11111,11111111111111111111111 IIII 1111111111111111111 V IN WITNESS WHEREOF, this below. OF PORT ORCHARD, a ington municipal corporation Kim F AhAl [Print Name] Mayor !: mall z 2007 OF WASHINGTON ss. OF KITSAP ) is executed on the date and year GRANTOR SOUTH KITSAP SCHOOL DISTRICT NO.402, a -Washington municipal corporation By: 7 Dr. Bever Cheney Its: Superintendent Date: On this day personally appeared before me E. to me known to be the of the City of Port rchard the municipal corporation described in and tat executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN u d and official seal this-5 dday of 2 2007, 1048-0 QQ g OSA/p o M Tsai- r r n pU6V�G : [printed name of notary] Nf oi_ a�. NOTARY PUBLIC in and fo he Sta of 9 .hotd ,.17;•�G� Washington, residing at OP wASN� My Commission Expires: yj ri OY PORT ORCHARD CSITTz 00OF 200705040106 or por2007 10:55 AM Page: 4 of 11 Karen Fi nnimiiiiNiil�ilIlilillllllllIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIII ,F WASHINGTON ) . ) ss. OF KITSAP ) On this day personally appeared before me Dr. Beverly Cheney to me known to iperintendent of South Kksap School District No. 402; the municipal corps (scribed in and that executed the within and foregoing instrument, and aclmowl Id instrument to be the free and voluntary act and deed of said municipal oorpc r the uses and purposes therein mentioned, and on oath stated that she was suit execute said instrument on behalf of said munk4pal corporation. GIVEN under my hand and ofrAal seal this 26ay o j 2007. 3 f' tt Cason [printed name of notary] NOTARY PUBLIC in and r e Ste of �r r " Washington, residing at Yo[t Qr q i My Commission ExpirestJl-3o•2al o S: ::giei111U1" PORT ORCHARD CITY OF 200705040106 Easement Rao Fee: ss"42.00 05/0412007 10:55 RI'1 Pass: 5 of 11 Karen Bpi i� �IIIII (III a� Inl�l Audit NQ1111111111111 (III 1111 HII 1111 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT..AREA COMMENCING AT THE NORTHEAST SECTION CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE ALONG THE EAST LINE OF SAID SUBDIVISION, SOUTH 03011'59" WEST FOR A DISTANCE OF 561.16 FEET; THENCE NORTH 88002'69" WEST FOR A DISTANCE OF 20.00 FEET TO THE INTERSECTION POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF POTTERY AVENUE WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF LIPPERT DRIVE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF LIPPERT DRIVE, NORTH 88"D2'69" WEST FOR A DISTANCE OF 44A9 FEET; THENCE SOUTH 03611'69" WEST FOR A DISTANCE OF 16.00 FEET; THENCE SOUTH 470444r EAST FOR A DISTANCE OF 31.15 FEET; THENCE SOUTH 03°11'69" WEST FOR A DISTANCE OF 71.02 FEET; THENCE NORTH 86048'01" WEST FOR A DISTANCE OF 15.00 FEET; THENCE SOUTH 03"1.1I'61V WEST FOR A DISTANCE OF 50.00 FEET; THENCE SOUTH 86-48-01" EAST FOR A DISTANCE OF 16.00 FEET; THENCE SOUTH 03*11'69" WEST FOR A DISTANCE OF 253.84FEET; THENCE NORTH 86048'01" WEST FOR A DISTANCE OF 11 AO FEET; THENCE SOUTH 03*1 Tw WEST FOR A DISTANCE OF 16.91 FEET, THENCEIOUTH 66"48'01" EAST FOR A DISTANCE OF 11.00 FEET; THENCE SOUTH 03*1 1'69"WEST FOR A DISTANCE OF 119.37 FEET; THENCE NORTH 86048'01" WEST FOR A DISTANCE OF 11.00 FEET; THENCE SOUTH D301 T59" WEST FOR A DISTANCE OF 48.00 FEET; THENCE SOUTH 86"48'01" EAST FOR A DISTANCE OF 11.60 FEET; THENCE SOUTH 0301 V59" WEST FOR A DISTANCE OF 188.61 FEET; THENCE NORTH 86"48'01" WEST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 03"1VW WEST FOR A DISTANCE OF 144.00 FEET; THENCE SOUTH 86"48'01" EAST FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF POTTERY AVENUE; THENCE ALONG THE WESTERLY RIGHT- OF-WAY LINE OF POTTERY AVENUE THE FOLLOWING COURSES AND DISTANCES; NORTH 03*1 1'59"EAST FOR A DISTANCE OF 109.40 FEET; THENCE SOUTH 86"48'01" EAST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 03"11159" EAST FOR A DISANCE OF 142.39 FEET; THENCE SOUTH 88°0661" EAST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 03*1 1'59"EAST FOR A DISTANCE OF 676.66 FEET TO THE TRUE POINT OF BEGINNING AND THE TERMINUS OF THIS DESCRIPTION; IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF 0705040106 PORT ORCHARD CITY OF 20Page: 6 of 11 0510412007 10;65 AM 42.00 Karen IIIII1�IIN�IIKit IIIII�IIIIIIIINIIillllllllllllilllllllllllllllllllllll STORM OUTFALL EASEMENT COMMENCING AT THE NORTHEAST SECTION CORNER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE ALONG THE EAST LINE OF SAID SUBDIVIVISION, SOUTH 03-11'59" WEST FOR A DISTANCE OF 1029.77 FEET; THENCE NORTH 86"41'41" WEST FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF POTTERY AVENUE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORT 86"41'41"WEST FOR A DISTANCE OF 160.63 FEET; THENCE SOUTH 46"5T56" WEST FOR A DISTANCE OF 136.88 FEET; THENCE SOUTH 43006'04" EAST FOR A DISTANCE OF 15.00 FEET; THENCE NORTH 4605TS60 EAST FOR A DISTANCE OF 123.56 FEET; THENCE SOUTH 86041'41" EAST FOR A DISTANCE OF 22.00 FEET; THENCE NORTH 03011'59" EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 8664141' EAST FOR A DISTANCE OF 136.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF POTTERY AVENUE; THENCE NORTH 03011'69" EAST FOR A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING AND THE TERMINUS OF THIS DESCRIPTION; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP; STATE OF WASHINGTON 7 PORT ORCHARD CITY OF 200705040106 Easement -Rea 0 nn 66 AM 4200 Page: 7 of 11 Karen mill III Illlif IIII IIII111111 11111111111111111111111111111111111111111 RESOLUTION NO.1026 SOUTH IQTSAP SCHOOL DISTRICT NO.402 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH KITSAP SCHOOL DISTRICT NO.402. WHEREAS, South Kitsap School District (the "District") is the owner of certain real property located at 2220 Pottery Avenue, Port Orchard, Washington and commonly known as Cedar Heights Junior High School (the "Cedar Heights School Property"); and WHEREAS, the City is proposing to construct a sidewalk along Pottery Avenue and the City is proposing to construct other improvements to Pottery Avenue (collectively the "Pottery Avenue Improvements"); and WHEREAS, the City's construction of the Pottery Avenue Improvements will directly benefit the Cedar Heights School Property; and WHEREAS, the City is in need of an easement over a portion of the Cedar Heights School Property to construct the Pottery Avenue Improvements; and WHEREAS, the City has proposed a permanent easement (the "Permanent Easement") for the City's Pottery Avenue Improvements and a temporary construction easement ("Temporary Easement") to allow construction activities in conjunction with the Pottery Avenue bnprovements to occur on the Cedar Heights School Property; and WHEREAS, legal counsel for the District has reviewed the City's proposed Permanent Easement and the Temporary Easement and the City has consented to revisions to the Easements; and WHEREAS, it is in the District's best interest to grant the City the Easements for the construction of the Pottery Avenue Improvements as it benefits the Cedar Heights Junior High School Property. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of South Kitsap School District No. 402 that: 1. The Superintendent is authorized to execute on behalf of the District the Permanent Easement attached hereto as Exhibit A; and 2. The Superintendent is authorized to execute on behalf of the District the Temporary Construction Easement attached hereto as Exhibit B. PORT ORCHARD CITY OF 200705040106 Easement Rae Fee: S 42.00 page: B of 11 05,04,2007 10:55 A iuuiiiii iiiiiiilil ilaiilliililil IIIIIII Audit luIIII IIIII IIIII IIIII IIIII IIIII IIII IIII APPROVED bi the Board of Directors of South Kitsap School District No. 402, Kitsap County, this 2" day of May 2007, in regular, open session. Board of Directors: &A kttm�- . Patty Hende son, President President Bunker, Director Keith Garton, Director 1CLn KaWSimpsoDirector .1. /!d Dr. Beverly Cheney, Superi tendentl Secretary to the Board 200T0g040106 Eas�eTme"Jec few $plaz.0 F I'page; 9 of tt Kar,�iu111�111111II�NIl��I����n������������������'�IIIIIIIIIIII'lll'llllll EXHIBIT A PERMANENT EASEMENT PORT ORCHARD CITY OF 200705040306 Easement Rea Fee: S 42.00 KrnFlI IaIIIIeII IIiI IIIInII1H0I �t@IaIMI Page: 10 of 71 vnIKisCCo Auditor III IIIIIII011111111 IIII IIIII IIIII IIIII IIIII IIII IIII EXEUBIT B TEMPORARY CONSTRUCTION EASEMENT 20S705040106 EORm ORCHARDaFee: gI42.00F page: tt or tt 051041200718155$A Co Auditor 1Kard �Iilll�l11711111, I0111IiII III IIII 111111 IIII IIII IIIII IIIII I IIII NIII IIII IIII 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 7G Subject: _Approval of Contract No. 048-ro, Authorizing the Mayor to Execute and Accept the Municipal Storm - Water Capacity Grant with the Department of Ecology Meeting Date: September 14, 2010 Prepared by: Andrea Archer, P.E. Assistant City Engineer Atty Routing No: ogo-10 Atty Review Date: August 19, 2010 Summaiv: In June of this year, the City received a letter from the Washington State Department of Ecology (Ecology) offering funding for the City's municipal stormwater system. Council approved the Grant Acceptance Intent Notice on June 22 and Staff returned the notice to Ecology. The funding is a grant, with no match required, which the City may use to meet compliance with the City's Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. Staff is requesting to use the funding primarily for equipment so Public Works Staff may perform tasks to meet permit compliance. The second box that has been checked is establishing and refining stormwater utilities, including stable rate structures. Recommendation: Staff recommends Council authorize the Mayor to sign Grant Agreement No. Gil00084, (City of Port Orchard Contract No. 048-1o), between the Washington State Department of Ecology and the City of Port Orchard in the amount of $98,839• Motion for consideration: I move to authorize the Mayor to execute Municipal Stormwater Capacity Grant Agreement No. G1100084, (City of Port Orchard Contract No. 048-10), between the Washington State Department of Ecology and the City of Port Orchard in the amount of $98,839• Fiscal Impact: None. Alternatives: Council has the option to refuse to authorize the Mayor to sign the Agreement thus returning the funding to Ecology, however, that is not Staffs recommendation. Attachments: Funding Agreement between Department of Ecology and City (Contract No. 048-io) DEPARTMENT OF ECOLOGY State of Washington FY 2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ORCHARD GRANT AGREEMENT NUMBER G1100084 TABLE OF CONTENTS PARTI. GENERAL INFORMATION......................................................................................................................3 PARTII. PERFORMANCE MEASURES................................................................................................................4 PARTIII. PROJECT DESCRIPTION.......................................................................................................................4 PARTIV. PROJECT BUDGET................................................................................................................................5 PARTV. SCOPE OF WORK....................................................................................................................................5 PART VI. SPECIAL TERMS AND CONDITIONS..................................................................................................7 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND............................................................................... 9 EQUIPMENTPURCHASE...............................................................................................................................................9 FUNDINGRECOGNITION..............................................................................................................................................9 INDIRECTRATE...........................................................................................................................................................9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION..................................................................................................9 PAYMENTREQUEST SUBMITTALS............................................................................................................................. 10 POSTPROJECT ASSESSMENT....................................................................................................... I............................. 10 PROCUREMENT.......................................................................................................................................................... I I PROGRESSREPORTS.................................................................................................................................................. I 1 REQUIREDDOCUMENT SUBMITTALS......................................................................................................................... 11 WATERQUALITY MONITORING................................................................................................................................ 11 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 13 A. RECIPIENT PERFORMANCE...........................................................................................................................13 B. SUBGRANTEEXONTRACTOR COMPLIANCE.............................................................................................13 C. THIRD PARTY BENEFICIARY........................................................................................................................13 D. CONTRACTING FOR SERVICES(BIDDING).................................................................................................13 E. ASSIGNMENTS..................................................................................................................................................13 F. COMPLIANCE WITH ALL LAWS.................................................................................................................... 13 G. KICKBACKS......................................................................................................................................................14 H. AUDITS AND INSPECTIONS...........................................................................................................................14 1. PERFORMANCE REPORTING..........................................................................................................................14 J. COMPENSATION...............................................................................................................................................14 K. TERMINATION..................................................................................................................................................15 L. WAIVER..............................................................................................................................................................16 M. PROPERTY RIGHTS.........................................................................................................................................16 17 N. SUSTAINABLE PRODUCTS............................................................................................................................. O. RECOVERY OF PAYMENTS TO RECIPIENT.................................................................................................17 P. PROJECT APPROVAL.......................................................................................................................................18 18 Q. DISPUTES........................................................................................................................................................... R. CONFLICT OF INTEREST.................................................................................................................................18 S. INDEMNIFICATION..........................................................................................................................................18 T. GOVERNING LAW............................................................................................................................................19 U. SEVERABILITY.................................................................................................................................................19 V. PRECEDENCE....................................................................................................................................................19 ii MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ORCHARD THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology (DEPARTMENT), and the City of Port Orchard (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: State Fiscal Year: Grant Number: RECIPIENT Name: Mailing Address: RECIPIENT Federal ID Number: Municipal Stormwater Capacity Grant Program FY2011 G1100084 City of Port Orchard 216 Prospect St. Port Orchard, WA 98366 91-6001487 Total Eligible Cost ($70,000 plus per capita calculated amount): $98,839 DEPARTMENT Share: DEPARTMENT Maximum Percentage: RECIPIENT Contact: Telephone Number: Fax Number: E-Mail Address: RECIPIENT Billing Contact: Telephone Number: Fax Number: E-Mail Address: $98,839 100% Andrea Archer, P.E. (360) 874-5536 (360) 876-4980 as rcher@cityofporto rchard.us Heidi Draper (360) 874-5523 (360) 895-9029 hdraper@cityofportorchard.us DEPARTMENT Project/Financial Manager: Tracy Farrell Mailing Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: 360- 407-6502 Fax Number: 360- 407-7151 E-Mail Address: The effective date of this grant agreement is July 1, 2010. Any work performed prior to the effective date of this agreement is not eligible for reimbursement. This agreement expires on June 30, 2012. PART II. PERFORMANCE MEASURES A. Water Quality Goal. Improved stormwater oversight and water quality protection through the direct development and implementation of a comprehensive stormwater management program. B. Proiect Outcomes. Implementation of Phase I and II municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. C. Post Project Assessment. The RECIPIENT agrees to submit a brief survey three years after project completion regarding the key project outcomes and the status of environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on -site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Approximate Post Project Assessment Date: June 30, 2015 PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address implementation or management of municipal stormwater programs. n PART IV. PROJECT BUDGET Municipal Stormwater Capacity Grants Program, FY2011 Elements/Objects TOTAL ELIGIBLE COST (TEC)* Task 1 — Project Administration/Management (limited to 10% of total) $0 Task 2 — Implementation and management of Stormwater Program $98,839 Total $98,839 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 2011 (100%ofTEC) $98,839 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost -reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT will ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. Task 1 - Proiect Administration/Manaeement A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT will submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all applicable forms will be included with an original A194A, and will be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recinients of Ecology Grants and Loans at http://www.ecy.wa.izov/biblio/9118.html Required Forms: Form A19-IA (original signature) Form 132 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) Where Eligible Costs Have Incurred: Form E (ECY 060-12) Form F (ECY 060-13) Form G (ECY 060-14) Form H (F-21) Form I (ECY 060-15) D. If work conducted results in a report, the RECIPIENT will submit the following to the DEPARTMENT's Project/Financial Manager and in the quantities identified: • Draft project completion reports— one electronic copy • Final project completion reports —five copies • Electronic copy of final project completion report The RECIPIENT will submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Task 2 — Implementation of Stormwater Planning and Management Needs A. The RECIPIENT will address stormwater management needs that protect or restore water quality. The RECIPIENT may conduct work related to implementation of activities required by the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. The following is a list of elements your project may include. Please check all boxes that apply to your project. ❑ Public education and outreach activities ❑ Public involvement and participation activities ❑ Illicit discharge detection and elimination (IDDE) program activities, including: 1. Mapping or geographic information systems of municipal separate storm sewer systems (MS4s); 2. Staff training; 3. Activities to identify and remove illicit stormwater discharges; 4. Dry weather outfall screening procedures and field activities; 5. Complaint hotline database or tracking system improvements. ❑ Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: 1. Development of an ordinance and associated technical manual; 2. Inspections before, during, and upon completion of construction, or for post - construction long-term maintenance; 3. Training for plan review and/or inspection staff. ❑ Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: 1. Inspecting and/or maintaining the MS4 infrastructure; 2. Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. ❑ Annual reporting activities, including developing a summary of identified barriers to the use of low impact development. ® Establishing and refining stormwater utilities, including stable rate structures. ❑ Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan that Ecology approves prior to awarding funding for monitoring. ❑ Monitoring, including: 1. Developing a report to plan for monitoring the next permit cycle; 2. Monitoring activities to meet Phase I permit requirements; ❑ Structural stormwater controls program activities (Phase I permit requirement) ❑ Source control for existing development (Phase I permit requirement), including: 1. Inventory and inspection program; 2. Technical assistance and enforcement; 3. Staff training. ® Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general us pick-up truck). Qualified equipment purchases include but are not limited to: 1. Illicit discharge testing equipment and materials; 2. Vactor truck or sweeper truck or MS4 maintenance activities; 3. Electronic devices dedicated to mapping of MS4 facilities and attributes; 4. Software dedicated to tracking permit implementation activities. PART VI. SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. PART VII. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment I: General Project Management Requirements for the Municipal Stormwater Capacity Grants Program. • Attachment II: General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the fiscal year in which the project is funded • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND, P.E., P.G. DATE WATER QUALITY PROGRAM MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL ATTESTED BY: PATRICIA J. KIRKPATRICK DATE CMC, CITY CLERK CITY OF PORT ORCHARD LARY COPPOLA MAYOR DATE ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND EQUIPMENT PURCHASE The following equipment will be eligible for purchase through this project: mini excavator, skid steer, street sweeper, or vactor truck. The total cost of all equipment purchased under this project will not exceed $98,839. Changes in equipment type must have prior approval from the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project -related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Form A19-1A (original signature) Form B1 (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) Cash Only Match Where Applicable Form A19-1A (original signature) Form E (ECY 060-12) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C2 (ECY 060-9) Form H (F-21) Form D (ECY 060-11) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost -reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. 10 The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a progress report. Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The recipient must also attach all landowner agreements signed during the respective quarter to each progress report. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports — up to 3 copies • Electronic copy of final project completion report — 1 copy • Final project completion reports — up to 8 copies • Final project completion reports of statewide significance — up to 50 copies • Educational products developed under this agreement — up to 2 copies • Documents that require DEPARTMENT Approval — 2 copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements — 1 copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements — 1 copy to the DEPARTMENT's Financial Manager WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality ofAquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at: http://www.ecy.wa. og v/programs/ean/labs/search.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: h_ttp://www.ecy.wa. ovg /eim The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinatorna.ecy.wa.gov If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. 12 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. 13 G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for 14 each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, IF drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.I above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 16 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see htti)://www.ecy.wa.izov/sustainabili O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in 17 Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all IM injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V.PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 19 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 7H Meeting Date: Subject Approval of Contract No. 057-10, Prepared by: Authorizing the Mayor to Execute Contract with Apply -A -Line for the Atty Routing No: 2010 Street Paint Striping Atty Review Date: September 14, 2010 Mark Dorsey, P.E. Public Works Director NA SummM: On May 6, 2010 the City of Port Orchard Public Works Department issued Purchase Order #043-10 to the Kitsap County Department of Public Works for the City's annual street paint striping program. Kitsap County was unable to obtain the necessary paint supplies due to a national paint shortage. Therefore, as an alternative measure, the City has requested bids from companies listed on the 2010 Public Works Small Works Roster. By August 26, 2010 the City received two (2) bids as follows: Apply -A -Line, Inc. $28,512.93 (incl. tax) Stripe Rite, Inc. $57,232.20 (incl. tax) Staff has determined that Apply -A -Line is the lowest qualified bidder. Given the late date in the paint striping season, the City will attempt to have this work completed in 2010. If unable to do so due to weather conditions, this activity will need to be cancelled for 2olo. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with Apply -A -Line, Inc. for the 2010 Street Paint Striping in an amount not to exceed $29,000 (incl. tax) with the contract term beginning September 15, 2oio and ending October 15, 2010. Motion for consideration: I move to authorize the Mayor to execute Contract No. 057-10, with Apply -A -Line, Inc. for the 2010 Street Paint Striping in an amount not to exceed $29,000 (including sales tax) with the contract term beginning September 15, 2010 and ending October 15, 2010. Fiscal Impact: The 2010 Budget allocated $22, 000 for this activity under 542.64,40. The City expended approximately $9,000 of the $20,000 budgeted for thermoplastic (542.64.40) leaving $u,000.00 that can be added to the $22,000. Therefore, the paint striping work proposed at $29,000 not to exceed is well within the remaining $33,000 allocated for these two line items. Alternatives: Postpone the paint striping activity until 2011 Attachments: Apply -A -Line Contract No. 057-10 Apply -A -Line Proposal dated 8/23/2010 CITY OF PORT ORCHARD SMALL WORKS CONSTRUCTION CONTRACT THIS Agreement is made effective as of the 15th day of September, 2010, by and between and 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 Apply -A -Line, Inc. ("CONTRACTOR") 175 Roy Road SW, Bldg C Pacific, WA 98047 Contact: Mike Susner Phone: 253.299.1200 Fax: 253.299.1250 Tax Id No. 91-1270515 for the following Project: 2010 street painting striping; 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 Apply -A -Line, Inc. Small Works Contract Page I 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 September 15, 2010. The Contractor shall substantially complete the Work not later than October 15, 2010, 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 Not to Exceed of $29 000 00 (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. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and Apply -A -Line, Inc. 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 ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney City of Port Orchard and Apply -A -Line, Inc. Small Works Conti -act 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 expires City of Port Orchard and Apply -A -Line, Inc. 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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. 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 course 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 Apply -A -Line, Inc. 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 continence 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 hrdustrial 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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. Small Works Contract Page 12 of 14 CITY OF PORT ORCHARD PAYMENT BOND 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. M Witness as to Surety Attorney -in -Fact Address 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 Department'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 Apply -A -Line, Inc. 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 Apply -A -Line, Inc. Small Works Contract Page 14 of 14 AUU-23-YUIU-MON US: H FM APPLY A LINE FAX No,253-939-9925 P. 001/001 APPLY -A -LINE, INC. M Wgpq 176 Roy Road SW, Bldg C • Pacific, WA 98047 w.a.naM+•xl..�Mn+aNnm phone (253) 299-1200 • Fax (268) 29.9-1250 mail..0applyallne.00m • LIC. #APPLYI.151RU PROPOSAL ATTENTION: RAY - CITY OF PORT ORCHARD PROJECT: CITY OF PORT ORCHARD STREET STRIPING BID DATE: 8/23/2010 ITEM DESCRIPTION PLAN UNIT TOTAL Al QTY BID BID 1 SOLID YELLOW 210000.00 LF 0.085 $ 17,850.00 2 SKIP YELLOW 30000.00 LF 0.065 $ 1,950.00 3 SOLID WHITE 70000.00 LF 0.080 $ 5,600.00 4 SKIP WHITE 9000:00 LF 0.095 $ 855.00 STIPULATIONS: TOTAL IF A FORMAL CONTRACT IS REQUIRED, A COMPLETE COPY OF THIS QUOTE MUST BE INCLUDED THANKYOU FOR THE OPPORTUNITY TO QUOTE THIS PROJECT WITH YOUR COMPANY. RESPECTFULLY, PRICES INCLUDE MATERIAL, INSTALLATION, & INSURANCE, }� PRICES GOOD IF CONTRACT IS RECEIVED WITHIN30 DAYS OF AWARD. AFTER 30 MIKE (SUS) SUSNER DAYS PRICES MUST BE ESTIMATOR RENEGOTIATED. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7I Meeting Date: September 14, 2010 Subject: Approval of Contract No. 058-10, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Execute an Public Works Director Interlocal Agreement with Kitsap Atty Routing No: 107-10 County Regarding Traffic Signal Atty Review Date: September 9, 2010 and Street Light Maintenance Summary: On September 15, 1998, the City of Port Orchard entered into an Interlocal Agreement (ILA) with the City of Bremerton for Traffic Signal and Street Light Maintenance at Intersections, with the effective date being January 1999• The City of Bremerton's Signal Shop has recently seen a drastic reduction in staff over the last 2 years and the City of Port Orchard Public Works Department has now solicited Mtsap County to perform these services. The current ILA with the City of Bremerton specifies that "This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding October 1 of any such year." In general, the City of Bremerton has recently charged $398.95 per signal/month and Kitsap County will be charging $280.76 per signal/month (billed quarterly.) Recommendation: Staff recommends the Council authorize the Mayor to sign the Interlocal Agreement (ILA) between Kitsap County and the City of Port Orchard relating to annual Traffic Signal and Street Light Maintenance at Intersections, commencing January 1, 2011, with automatic renewal unless written notice of termination is received prior to October 1 of any such year. Motion for consideration: I move to authorize the Mayor to execute Interlocal Agreement No. 058-1o, between Kitsap County and the City of Port Orchard relating to annual Traffic Signal and Street Light Maintenance at Intersections as approved by the City Attorney, commencing on January 1, 2011. Fiscal Impact: Budgeted item with Street Fund 101(#542.64.00) Alternatives: None. Attachments: Interlocal Agreement No. 058-10 INTERLOCAL AGREEMENT KC-324-10 BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD (Contract No. 058-10) REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY PUBLIC WORKS This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the City of Port Orchard (hereinafter the City). RECITALS WHEREAS, The City of Port Orchard owns and operates Traffic Control equipment situated within the City of Port Orchard; and WHEREAS, Kitsap County has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by Port Orchard; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: Section 1: Parties. This Agreement is by and between the County and the City Section 2: Term. This agreement shall become effective on January 1, 2011 for up to one year and ending on December 31, 2011. This Agreement shall automatically be renewed on calendar basis unless either party gives written notice of termination by the preceding October 15t of any such year. If no notice is given this Agreement shall be automatically renewed for the next ensuing calendar year. Section 3: Payment. In consideration for the services provided, the City shall pay the County two hundred eighty dollars and seventy six cents. (280.76) per month, per signal or group of up to 5 warning flashers or other like item for the first year of the Agreement, due to the County in quarterly installments thirty (30) days after receipt of an invoice, beginning on January 1, 2011. In the event that the City adds traffic control signals requiring maintenance, the City shall pay the sum of two hundred and eighty dollars and seventy six cents (280.76) per month, per signal for each signal added, which will be paid quarterly thirty (30) days after receipt of an invoice and pro -rated to the date of activation of the Traffic Control Signals. At the beginning of each successive year thereafter, all charges shall automatically be adjusted by the percentage change in the .,all items" category of the Consumer Price Index for All Urban Consumers (CPI-U) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle -Tacoma -Bremerton metropolitan statistical area (1982-84=100) as published for the month of June. If at any time during the term of the contract the practice of computing the Index for the City of Seattle shall be abandoned or altered by the U.S. Department of Labor, and not assumed by some other federal or state governmental agency, then there shall be substituted therefore in the County's sole discretion the most nearly comparable cost of living index. Section 4: Services Provided. A) The contract shall cover the annual maintenance and the re -lamp visits of all of the signals and lighting systems covered in the contract. In addition, a repair reserve will be created in the amount of $750.00 per year per signal covered in the contract. This reserve shall be used to cover the cost of time and materials for the repairs not included in the annual maintenance and re -lamp visits. Once the reserve is exhausted the City shall then pay additional cost on a time and materials basis for work requested by the City. The City may be required to replace any major piece of equipment totaling more than $500.00. The City may have the option to have the County assist in the ordering and acquisition of major replacement equipment. B) The County shall provide annual maintenance of the traffic signals covered by the contract. The annual maintenance of the traffic signal will consist of a complete inspection of the traffic signal, conflict monitor testing, cleaning the cabinet and electronic components, and complete overhead inspection and cleaning. The County shall perform a monthly visual operation analysis of the signal covered by the contract to detect any malfunctions and failures. C) The County shall perform an annual re -lamp on all required indications. All 3M heads will be re-lamped once every five (5) years. The City shall have the option to provide LED modules to change out lamps or outdated LEDs at the City's expense. The County will provide labor at no extra cost while performing annual lamp change and retrofit heads to LEDs. The replacement of any LEDs due to failure will be charged against the reserve. D) The City shall have the option to have the County repair City owned street lighting systems. This work shall be charged on a time and materials basis and can be charged against the reserve at the City's option. E) The County shall coordinate and inspect the replacement and installation of failed traffic signal loops by a contractor when requested to do so by the City. This shall not be considered annual maintenance and will be charged against the reserve. F) The City shall have the option to have the County upgrade City owned traffic signal equipment and other related electronic and electrical traffic control equipment. This work shall be charged on a time and materials basis and can be charged against the reserve at the City's option. G) The City shall have the option to use the County as a construction management consultant for the purpose of assisting in the design and inspection of new traffic signal and lighting systems. This shall not be considered annual maintenance and will be charged on a time and materials basis. H) In the performance of the services set forth in A through G above, The County shall be responsible for and shall provide and pay all wages, salaries, tools, vehicle usage, training, postage, freight, telephones, overhead cost, and all other direct or indirect costs or expenses occurred. In the event that the repair reserve is exhausted, the City shall then reimburse the County on a time and materials basis. Section 5: Equipment. The County shall provide services described in Section 4 for the traffic control equipment located within the City. The equipment includes and is limited to: A. Traffic Signal Controllers B. Load Switches C. Detection equipment D. Conflict Monitor Units E. Pre -exemption Equipment F. Auxiliary cabinet wiring G. Traffic Signal Loops H. Traffic Signal and Street light circuit wiring I. Signal heads, Pedestrian Heads, and LED's J. Miscellaneous flasher, school warning, and fire station signaling equipment K. Street Lighting Equipment L. Traffic Signal Coordination -create, install, and maintain timing plans from data provided by the City. Section 6: Time of Service. The County shall provide additional coverage 24 hours a day and 7 days a week for all traffic signal failures and malfunctions. If the City is unable to secure services listed in this agreement from the County in a timely manner, then the City may secure such services elsewhere and deduct the cost thereof from any amounts owing or to be owed to the County under the contract. Coverage shall also be provided for emergency situations including and not limited to damage caused to traffic signals and streetlights by traffic accidents and weather conditions. The City shall have the option to secure services from another agency at their own cost for emergency response situations if the County is unable to respond in a timely manner. Failures, malfunctions and damages shall not be considered annual maintenance and will be charged against the reserve. Section 7: Hold Harmless. A) The City agrees to defend, indemnify, and hold harmless the County, its appointed and elected officials, officer, and employees from and against any and all liability, loss, cost, damage, and expense resulting from, sustained, or alleged to have been sustained by, directly or indirectly, in or out of consequence of the County's performance of this Agreement, whether such injuries to persons or damage to property is due to negligence of the City, its subcontractors, agents, successors or assigns. This includes costs and attorney's fees in defense of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time. This provision shall be inapplicable to the event such damage or injury is caused by the negligence of the County. B) The County agrees to defend, indemnify, and hold harmless the City, its appointed and elected officials, officer, and employees from and against any and all liability, loss, cost, damage, and expense resulting from, sustained, or alleged to have been sustained by, directly or indirectly, in or out of consequence of the City's performance of this Agreement, whether such injuries to persons or damage to property is due to negligence of the County, its subcontractors, agents, successors or assigns. This includes costs and attorney's fees in defense of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time. This provision shall be inapplicable to the event such damage or injury is caused by the negligence of the City. C) This Section 7 shall survive the termination of this Agreement. Section 8: General Conditions. A. Entire Agreement. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in this Agreement. B. Amendments. The parties hereby further agree that this Agreement cannot be amended or modified without written concurrence of both parties. C. Notices. Any notices required to be given by the County to the City, or by the City to the County, shall be in writing and delivered to the following parties at the following addresses: Kitsap County Public Works 614 Division Street MS-26 Port Orchard, WA 98366 City of Port Orchard City Hall 216 Prospect Street Port Orchard, WA 98366 D. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right power at any time be taken to be a waiver of any other breach. E. Compliance with State. Local, and Federal Laws. Parties agree to comply to all applicable local, state, and federal laws in performance of all services under this agreement. F. Applicable Law Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute; the venue of any action brought hereunder shall be in Kitsap County Superior Court. Section 9: Nondiscrimination. The County shall not discriminate in employment or service provided on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services unless an employment action is based on a bona fide occupational qualification. Section 10: Termination. In addition to the terms set forth in Section 2, above, this Agreement may be terminated by either party upon six (6) months written notice to the other party if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently complete the correction thereafter. Section 11: No Joint Venture. This is not an agreement of joint venture or partnership. No provision of this contract shall be construed so as to make either party individually or collectively a partner or joint venture with the other party. Neither party is an agent of the other. Section 12: Filing with County Auditor. Inter -local agreements such as this one must be filed with the County Auditor or posted on each party's web site. IN WITNESS WHEREOF the parties hereto have executed this agreement at the dates and year written below. DATED this , day of 2010. City of Port Orchard BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Lary Coppola, Mayor JOSH BROWN, Chair Date ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Approved as to Form: STEVE BAUER, Commissioner Gregory A. Jacoby, City Attorney CHARLOTTE GARRIDO, Commissioner ATTEST: OPAL ROBERTSON Clerk of the Board EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Kitsap County Department of Public Works for the agency and/or department shown below. It is understood that this work will be done at the convenience of the Department of Public Works and that the undersigned agency and/or department will reimburse all costs. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Kitsap County Department of Public Works will be made promptly unless otherwise modified in this agreement. REQUESTING AGENCY: Address: Phone: Requested by: FAX: Name (Please Print) Title (Please Print) Signature: Date: ACTION OF KITSAP COUNTY PUBLIC WORKS APPROVED BY: DATE: Public Works Director or Representative Request and Agreement for Reimbursable Works By Kitsap County Department of Public Works ACTION OF THE BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ❑ The Director's recommendation is hereby approved DATE: ❑ The Director's recommendation is disapproved or modified as follows: NANCY BUONANNO-GRENNAN County Administrator for BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Meeting Date: Agenda Item No: Kitsap County Board of Commissioners Department: Public Works Staff Contact: Jeff Shea, Senior Program Manager -Transportation, 337-7035 Agenda Item Title: KC-324-10 Interlocal Agreement with City of Port Orchard for Signal and Lighting System Maintenance in Commissioner District 2 Recommended Action: That the Board execute KC-324-10 Interlocal Agreement with City of Port Orchard for Signal and Lighting System Maintenance in Commissioner District 2 Summary: The City of Port Orchard does not have the staff to maintain their limited number of signals, flashers, and other electrical traffic control devices. They have requested to contract with the county to have the county signal shop maintain these devices. The county sign shop has adequate resources to maintain this limited number of devices. Attachments: 1) Interlocal Agreement 2) Exhibit A: Request and Agreement for Reimbursable Work Fiscal Impact Expenditure required for this specific action: $ Reimbursable Total cost including all related costs: $ Reimbursable Related Revenue: $-0- Cost Savings: $-0- Total Fiscal Impact: $ Reimbursable Source of Funds: Reimbursable Fiscal Impact (DAS) Review Departmental Coordination Department Representative Recommendation/Initials Public Works Randy Casteel I Approve Contract Information Contract Number Date Original Contract or Amendment Approved Amount of Original Contract Amendment Total Amount of Amended Contract KC-324-10 Reimbursable Kitsap County Sol 614 Division Street * Port Orchard, WA * 98366 CONTRACT REVIEW SHEET A. GENERAL INFORMATION 1. Contractor City of Port Orchard 2. Purpose Reimbursable Work for Signal and Lighting System Maintenance 3. Contract Amount Reimbursable Receive Disburse 4. Contract Term December 31, 2011 5. Contract Administrator Jeff Shea Phone 337-7035 Approved: Date Department Head B. AUDITOR - ACCOUNTING INFORMATION 1. Contract Control Number KC-324-10 2. Fund Name Reimbursable 3. Payment from -Revenue to CC/Account Nbr 4. Encumbered By Date C. AUDITOR'S ACCOUNTING - GRANTS REVIEW (No si nature required if not grant funded.) 1. Approve Not Approve Reviewer Date 2. Comments: D. DEPARTMENT OF ADMINISTRATIVE SERVICES - RISK MANAGER REVIEW 1. Approve Not Approve Reviewer Date 2. Comments: E. DEPARTMENT OF ADMINISTRATIVE SERVICES — FISCAL REVIEW 1. Approve Not Approve Reviewer Date 2. Comments: F. PROSECUTING ATTORNEY REVIEW 1. Bidding Required Yes/Type of Statute No 2. Public Works Project Yes I No 3. County Resolutions Compliance I Yes 0 No N/A 4. 0 Approve 0 Not Approve Reviewer Date 5. Comments: G. CERTIFICATION BY CONTRACT ADMINISTRATOR. THIS CONTRACT IS READY FOR CONSIDERATION BY COUNTY COMMISSIONERS. Contract Administrator Date Approved by Board of Commissioners RETURN SIGNED ORIGINALS TO: Date Lori Allen x 4838 Kitsap County Department of Public Works 614 Division Street, MS-26 Port Orchard, WA 98366 360.337.5777 TRANSMITTAL LETTER DATE: September 1, 2010 ATTN: Mark Dorsey, PE City of Port Orchard 216 Prospect Street Port Orchard WA 98366 Copies Date Number Description 3 9/1/10 KC-324-10 ILA for signals and street light maintenance Please sign all and return to me by September 8" Call if you have questions. THANK YOU Signed: � °'u -1ieoe'^ Lori Allen, Office Spec II RECEIVED SEP 07 2010 GI) YOi PORT ORCHARD PIJE;LIC WORKS 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 7J Meeting Date: Subject: Approval of Public Event Application: Prepared by: Waterfront Art Walk Atty Routing No: Atty Review Date: September 14, 2olo Patti Kirkpatrick, CMC City Clerk NA NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Mallory Jackson with Port Orchard Bay Street Association submitted an application for the Annual Art Walk event that will held at the downtown businesses along Bay Street and Harrison Avenue on Friday, September 17, 2oio and Friday, October 15, 2010. The event will include use of City right-of-way's. City Departments, as well as the Fire Department, will be reviewing the application and will submit their recommendations and/or comments. 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 an Art Walk event that will be held at the downtown business along Bay Street and Harrison Avenue on Friday, September 17, 2olo and Friday, October 15, 20io, based upon City Department and Fire Department approvals. Alternatives: Deny the applications and/or approve with conditions. Attachments: Application for Public Event City of Port Orchard R E C ItET E 216 Prospect Street, Port Orchard, WA 98366 S E P 0 8 2 10 (36o) 876-4407 0 FAX (36o) 895-9029 ElfY OF PORT r RD Public Event Application 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 Name Name Dates of Event Location of Event: Telephone: 360 %7 & - 140:5/ Street City State Zip Code (lfEvent Will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: 3o Time Open To Public: -1 pnt' Anticipated Number Of Visitors: f Time Open To Vendors:—Z ,31) Closing Time: `7�n 7771s application form was designed for use by applicants for various types of events Please answer all questions you may attach additional pages if necessary. 1. Describe tvoe of event and how this event will benefit 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani-can(s): a 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (1) traffic control and (2) crowd control? 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: 5. How many participants and visitpLcars are agticipated and where will parking be provided? Q h&' k1 6. How have parldng impacts been 000rdinated with the neighbors (residential and/or business)? 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kltsap Transit. Attach written verification of commitment for service from Kitsap Transit:_ 8. Describe how fire lanes will be Identified and kept open: & 9. Will this event require the closure of any street? If so, list street name with date and time of requested closure: 114 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: 11. How will the event area be cleaned before, during and after the event? A5 ttewz C " km fZ{iyd"& 12. If your event requires vehicles to be towed, 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 daims 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? ❑ Yes Z No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: �J Ot. 1Vi t'K te C 13. When specifying location of event adivity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes Xno If yes, the ownerlmanager of subject Property must complete and sign the following: (Please ask for additional forms if multiple properties are being used and have different owners.) Name of property owner Authorizing authority: _ Address: Signature of authorizing Title: Telephone: 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 antidpate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject property(s) must complete and sign the following: Name of property owner: Authorizing authority: Title: 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 injury? 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. Plea �R%ro� 'de any other information which you believe, will assist the city in the review process: /YYYLx //Ai/_ /A4i/A!)nJ /N rn iiJ J,11A- 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 Liability; $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? —;�,o 0' �fl5f `ld�f/e �GCIr /vlsd�i� SIGNATURE OF APPLICANT: Date: az/v lid REVIEW AND COMMENT BY POLICE REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: Date Application Received: 5P F I - a ao) Date Routed to Department: 5ro. q C-�O) Is a Master Vendor's License needed: Yes No DECISION OF CITY COUNCIL: _ APPROVE Approved By Patricia J. Kirkpatrick, City Clerk or designee DISAPPROVE DATE OF DECISION: Updated: May zoio City of Port Orchard Council Meeting Minutes Regular Meeting of August 24, 2010 i. 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, IT Manager Tucker, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Greg Wall led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jerry Harmon requested the Council revisit the cost of receiving Council packets, noting the rates should be reasonable; and she was asked to speak on behalf of her neighbor who is opposed to the new sewer rate increase, noting her neighbor felt the charge should be based upon consumption, not a base fee. 3. APPROVAL OF AGENDA The following items were removed from the Agenda: • 5A Proclamation: Domestic Violence Awareness The following item was added to the Agenda: • Public Event Application: Tuesday Farmers Market Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the Agenda as amended. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Nos. 54082 through 54148 in the amount of $82,239.80 B. Approval of the August 10, 2010, Council Meeting Minutes Councilmember Chang MOVED and Councilmember Childs seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. Minutes of August 24, 2010 Page 2 of 9 5. PRESENTATION A. Proclamation: Domestic Violence Awareness This item was removed from the agenda. 6. PUBLIC HEARING A. Vacating a 4-Lot Short Plat Named Kenmore Court at McCormick Woods City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked if any Councilmember had any ex-parte communication with anyone regarding this application. There was no response from any Councilmember. City Attorney Jacoby further asked if any Councilmember had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Councilmember. City Attorney Jacoby asked if any Councilmember had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any member of the audience felt any of the Councilmembers should not participate in the hearing. There was no response from any audience member. Development Director Weaver presented the staff report, noting on May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat, Kenmore Court at McCormick Woods. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, which was prior to annexation of the McCormick Woods area into the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. This public hearing would be required for conformance with RCW 58.17.212 for a decision regarding a plat vacation application. Mayor Coppola opened the Public Hearing at 7:11 p.m. Greg Wall voiced opposition of the Kenmore Court short plat, noting it would alter the appearance to the entrance of McCormick Woods; would decrease the value of the homes within the area; and requested that the Council conduct a study on the current housing market pricing for the McCormick Woods neighborhood or reject the short plat request. Doug Scrobut, representative of the application, spoke in favor as the short plat, noting it would allow the value of the property to compete with current market rates; and stated that the entrance to McCormick Woods would not be altered by the short plat. Minutes of August 24, 2010 Page 3 of 9 There being no further testimony, Mayor Coppola closed the Public Hearing at 7:16 p.m. 7. BUSINESS ITEMS A. Approval of Contract No. ooi-go, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC City Attorney Jacoby presented the staff report, noting in September 2oo6, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it would expire on September 28, 2010. City staff, the Mayor, and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modem circuit between the Public Works shop and City Hall, which will result in a savings to the City of $27,00o during the io-year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2oo6 Agreement shall remain in effect. Further, Wave Broadband requested that the parties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. IT Manger/LAN Technician Vince Tucker provided an update to the Council on the internet service to the Public Works shop, noting it was a secure link into the City's computer system and he is unaware of any issues with the link; and he was unable to project what the City's future bandwidth needs would be over the next io years due to the high rate of changes in technology. Mike Talpai, Vice President of Wave Broadband for the Seattle Region, indicated that there are two separate items that require Council for approval: first, the extension of the Franchise Agreement and second the Side Letter Agreement for internet services to the Public Works shop. In regards to the Franchise Agreement, he requested the City waive the $5,000, franchise extension fee. In turn, Wave Broadband would not charge the City for the internet service between City Hall and the Public Works shop building, which he placed a value of $27,000 over the next ten years. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the terms of the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Minutes of August 24, 2010 Page 4 of 9 Division IV and to authorize the Mayor to sign said Agreement. Upon vote, the motion passed unanimously. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the terms of the Side Letter Agreement between the City and Wave Division IV regarding internet service and authorize the Mayor to sign said Letter Agreement. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. o16-lo, Amending Port Orchard Municipal Code Chapter 13.04.020 for 2olo Sanitary Sewer Rate Increase Public Works Directory Dorsey presented the staff report, noting on August 10, 2010, the City Council heard the First Reading and Public Hearing for the proposed 2010 Sanitary Sewer Rate Increase. The proposed 2010 sanitary sewer rate increase addresses the systems Operating Shortfall, Capital Improvement Program (CIP), Treatment Plant Rate Increase and the McCormick Woods STEP System Replacement. As you will recall, on August 25, 2oo9, a $7.5o bimonthly sanitary sewer rate increase was approved via Ordinance No. 021- o9 to address the revenue loss associated with the 50% surcharge on properties located within the McCormick Urban Village. The result was a bimonthly rate increase from $72 to $79.50 for sanitary sewer service. As presented at both the May 18, 2oio and the June 15, 2010, Council Work Study Session's, Public Meetings held on July 7, 2010 at City Hall and July 15, 2010 at McCormick Woods and the subsequent First Reading/Public Hearing held on August 10, 2olo, a sanitary sewer rate increase of $18.5o bimonthly is proposed. Again, the components associated with the proposed sanitary sewer rate increase include Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98 (or $49 monthly.) Councilmember Putaansuu indicated that of the total increase of $1.75, $0.75 would go to an equipment replacement fund; and West Sound Utility District would match the remaining $1.00 for future maintenance to the older portion of the treatment plant. Councilmember Chang opposed the increase, noting the rate increase should not be dispersed to all City residents; rather it should only affect those residents residing in McCormick Woods who require the step system improvements. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. o16-1o, amending Port Orchard Municipal Code Chapter 13.04 "Water and Sewers, Section 13.04.020 "Bi-monthly water rates" thereby increasing sanitary sewer rates. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. Minutes of August 24, 2010 Page 5 of 9 C. Adoption of Ordinance No. 017-10, Vacating a 4-Lot Short Plat Named "Kenmore Court at McCormick Woods" Development Director Weaver presented the staff report, noting on May 12, 2010, the Port Orchard Planning Department received a letter of request from the property owners for a vacation of the short plat Kenmore Court at McCormick Woods. The Kenmore Court short plat was approved by Kitsap County and recorded in 2007, prior to annexation of the area to the City of Port Orchard. Pursuant to RCW 58.17.212 regarding plat vacation process, upon application by the owners of a subdivision, a public hearing must be held prior to the approval or denial of a plat vacation request. A public hearing was held earlier in the evening in conformance with RCW 58.17.212. Councilmember Olin MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 017-10, vacating a 4-10t short plat named "Kenmore Court at McCormick Woods". Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. D. Adoption of Ordinance No. o18-lo, Amending Port Orchard Municipal Code 2.75 "Active Club Building" Public Works Directory Dorsey presented the staff report, noting the Active Club Building was donated to the City of Port Orchard in 1959 by the Port Orchard Active Club. The building was donated with the understanding that it would be used for youth activities free of charge. Currently, the building is being used by a wide variety of groups, including but not limited to youth groups, senior groups, AA, NA and others. On March 23, 2010, the City Council adopted Ordinance No. 004-10, thereby repealing Resolution No. 025-o8 and creating a new Chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code. POMC 2.75.olo establishes fees and rules for Active Club use, including POMC 2.75.010(13) whereby "No animals are allowed except for certified service dogs being used for assistance." Upon request by the Olympic Bird Fanciers at the July 2010 Work Study Session, the City Council agreed to amend the City Code and allow animals back into the Active Club, subject to conditions: 1) Olympic Bird Fanciers must provide a petition that is signed by ALL users of the Active Club building that they have NO objections to animals being allowed into the building; and 2) Once the above condition is met, City Staff would revise the Code to allow animals back into the Active Club building on the condition that animal organizations/groups will be on a "first strike you are out" basis if a complaint is filed by another group and verified by the City Public Works Department. Ordinance No. o18-1o, amends Port Orchard Municipal Code Section 2.75.010(13) to conditionally allow animals back into the Active Club building. Councilmembers Power and Olin requested the signed petition by any animal group be provided prior to adopting Ordinance No. o18-1o. Minutes of August 24, 2010 Page 6 of 9 Councilmember Childs MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. o18-lo, amending Port Orchard Municipal Code Section 2.75.010(13) to conditionally allow animals back into the Active Club building. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmember Powers and Olin cast the two dissenting votes. E. Approval of Contract No. 055-10, Authorizing the Mayor to Execute Agreement with Long Painting Co. for the 2010 Water Tank Painting at the Morton Street Standpipe Public Works Directory Dorsey presented the staff report, noting on August 6, 2010 the City of Port Orchard Public Works Department issued a Request for Proposal's (RFP's) to five (5) companies listed on the 2010 Public Works Small Works Roster. On August 11, 2olo a mandatory Pre -Bid Meeting was held at the Morton Street Tank site. On August 17, 2010 four (4) bids were received prior to the 1:oo pm deadline. A summary of the proposals received are as follows: Long Painting Company Thomas Steenmeyer Co., Inc. WA Industrial Coatings, Inc. Coatings Unlimited, Inc. $29,752.00 (includes sales tax) $37,467.00 (includes sales tax) $37,821.88 (includes sales tax) $51,585.00 (includes sales tax) All parties listed above have active contractor licenses and cleared the Excluded Parties List System (ELPS). Staff has determined that Long Painting Company is the lowest qualified bidder. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. 055-10, authorizing the Mayor to execute an agreement with Long Painting Company for the 2010 Water Tank Painting at the Morton Street Standpipe in an amount not to exceed $29,752, with the contract term beginning August 25, 20io and ending December 31, 2010. Upon vote, the motion passed unanimously. F. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick East Annexation Development Director Weaver presented the staff report, noting a Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 1o9.88 acres. The parcels are located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels have a County Minutes of August 24, 2010 Page 7 of 9 Comprehensive Plan designation of Urban Low -Density Residential with zoning of Urban Low Residential. The property is currently classified as 88o-Forest Land. RCW Ch. 84.33 provides that land of twenty or more contiguous acres primarily devoted to and used for growing and harvesting timber may be assessed, for purposes of property tax collection, based on the current use of the land. These two parcels comprise a portion of the unincorporated Urban Growth Area located to the east of the McCormick Woods annexation area, south of the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the Washburn-Grant-Crother Annexation area (annexed May o9, 2009). There are ten additional unincorporated parcels in this general UGA area. One parcel houses the South Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road SW. One parcel straddles Glenwood Road SW, with the undeveloped portion to the west in the UGA. The remaining seven parcels are developed for single family residential use. The Notice of Intent provided by the applicant leaves the Fire District parcel as an island, disconnected from the other nine remaining parcels in the area, necessitating two separate annexation processes if the City were to incorporate the remainder of the UGA into the City. Additionally, the boundary as proposed may not meet the logical boundary objective of the Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. Councilmember Powers MOVED and Councilmember Chang seconded the motion to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to postpone this matter to the September 14, 2010, Council meeting in order to allow the applicant and Staff to determine the adjacent property owners' interest in annexing into the City. Upon vote, the motion to postpone passed unanimously. G. Confirmation of Mayoral Appointments to the Lodging Tax Advisory Committee City Clerk Kirkpatrick presented the staff report, noting each year the City Council is asked to approve the Mayor's recommendation for the appointments to the Lodging Tax Advisory Committee pursuant to Port Orchard Municipal Code 2.22. In addition, RCW 67.28.1817 requires that at least two members of the advisory committee be from establishments that collect the tax (hotels, motels and Bed and Breakfasts) and two members be from Minutes of August 24, 2010 Page 8 of 9 organizations that are "involved in activities authorized to be funded" by the hotel/motel tax fund. Councilmember Chang is the current chair of this committee and has requested the Mayor, who has agreed, to reappoint the current Committee members to serve one more year on the Committee. Each of the existing members has agreed to the term extension. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve the Mayor's appointment of representatives from Comfort Inn, Days Inn, and Hidden Treasurer's Bed and Breakfast as well as members from the following organizations: Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association. Upon vote, the motion passed unanimously. H. Public Event Application: Tuesday Farmers Market City Clerk Kirkpatrick stated that there was some confusion as to whether or not the Port Orchard Farmers Market needed to complete a public event application in order to hold a Tuesday Farmers Market at the Kitsap County Administrative Building. The conditions would be subject to staff review and conditions. Councilmember Chang MOVED and Councilmember Colebank seconded the motion to approve the Public Event Application for a Farmers Market to be held on Tuesday's in front of the Kitsap County Administrative Building through October 20io, based upon City department and Fire Department approvals. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. 9. COMMITTEE REPORTS Councilmember Putaansuu indicated that he and Public Works Director Dorsey met with Puget Sound Energy regarding undergrounding the downtown and due to the economy it was not economically feasible to pursue the project further at this time. He noted that the Utilities Committee would revisit this matter as future development of the downtown area occurs. Councilmember Clauson reported that he attended the Port Orchard Bay Street Association (POBSA) meeting and their main concern was parking within downtown and noted the POBSA was creating a committee to assist the City in resolving the parking issues; and he noted the Finance Committee will meet on Friday, August 27, 2oio, at 7:3o a.m. at Myhre's. Minutes of August 24, 2010 Page 9 of 9 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Met with Dave Peterson, County Clerk regarding the electronic signature process; • Spoke at the Keeping Kitsap Connected event; • Met with State Auditor and Finance Committee regarding the entrance interview; • Met with a developer who owns a number of commercial property and discussed what type of businesses we would like to see in the City; • Met with Senator Kilmer's Aide, Colleen as part of the legislative priorities for the City; • Attended the Emergency Management Council Board meeting; • Had a conference call with Mitsubishi regarding funding for an electronic charging station; • Met with Lary Eyer of Kitsap Community Resources regarding their new services; • Attended the AWC Budget Training Session; • Attended the monthly Art Walk downtown as well as the 30th Anniversary celebration of one of the local businesses; • Attended the South Kitsap School District's Back to School Celebration; • Had lunch with Commissioner Bauer regarding related issues that impacts the City and the County; • Met with Loren Overman, Senator Patty Murray' staff in Washington D.C. regarding the City having a direct contact with legislatures in Washington D.C.; and • Attended the Kitsap Consolidated Housing Board retreat. 11. REPORT OF DEPARTMENT DIRECTORS City Clerk Kirkpatrick reported that the City of Port Orchard is the host for this Thursday's Concerts; and that the Port of Bremerton is asking the Council to attend their September 14, 2010, work study session to discuss the proposed parking garage. Development Director Weaver reported that the City and Kitsap Transit have partnered to orientate a pilot grant project for the waterfront development. 12. ADJOURNMENT At 9:10 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor