06/08/2021 - Regular - Packet, RevisedCity of Port Orchard Council Meeting Agenda
June 8, 2021
6:30 p.m.
The City is prohibited from conducting meetings unless the meeting is NOT
conducted in-person and instead provides options for the public to attend through
telephone, internet or other means of remote access, and also provides the ability
for persons attending the meeting (not in-person) to hear each other at the same
time. Therefore;
Remote access only
Link: https://us02web.zoom.us/j/84639321741
Zoom Meeting ID: 846 3932 1741
Zoom Call-In: 1 253 215 8782
1.CALL TO ORDER
A.Pledge of Allegiance
2.APPROVAL OF AGENDA
3.CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4.CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.) A.Approval of Vouchers and Electronic Payments
B.Approval of Payroll and Direct Deposits
C.Adoption of a Resolution Declaring Certain Equipment as Surplus and
Authorizing its Disposition (Rinearson) Page 3
D.Approval of the May 25, 2021, City Council Meeting Minutes (Rinearson)
Page 5
E.Excusal of Councilmember Ashby Due to Personal Obligations
5.PRESENTATION
A.Legislative Update and Highlights on the American Rescue Plan
(Representative Kilmer)
B.Water and Sewer Redevelopment Exceptions (Crocker)
6.PUBLIC HEARING
7.BUSINESS ITEMS
A.Adoption of an Ordinance Authorizing the Position of Intern (Lund) Page
10
B.Adoption of a Resolution Approving a Data Sharing Agreement with the
Office of the State Auditor (Crocker) Page 15
Mayor:
Rob Putaansuu Administrative Official
Councilmembers:
Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe
Utilities/Sewer Advisory Committee
Land Use Committee, Chair Transportation Committee Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance
Scott Diener Land Use Committee Transportation Committee
Department Directors: Nicholas Bond, AICP Development Director
Mark Dorsey, P.E. Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO City Clerk
Meeting Location:
Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366
Contact us: (360) 876-4407 cityhall@cityofportorchard.us
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
June 8, 2021, Meeting Agenda Page 2 of 2
C.Adoption of a Resolution Approving a Contract with Aqua Tech LLC for the Cedar Heights Lift Station
Valving and Piping Replacement Project (Dorsey) Page 24
D.Adoption of a Resolution Approving a Contract with Olson Brothers Pro-Vac, LLC for the 2021
Stormwater Catch Basin and Pipe Maintenance Project (Dorsey) Page 77
E.Approval of Amendment No. 1 to Contract No. 029-21 with- Skillings, Inc. for the Bethel & Lincoln
Intersection Roundabout Project (Dorsey) Page 123
F.Approval of a Carnival Application with Paradise Amusements (Rinearson) Page 146
G.Approval of the May 18, 2021, City Council Work Study Session Meeting Minutes (Rinearson) Page 155
8.DISCUSSION ITEMS (No Action to be Taken)
A.City Hall Reskin Update (Putaansuu) Page 158
9.REPORTS OF COUNCIL COMMITTEES
10.REPORT OF MAYOR
11.REPORT OF DEPARTMENT HEADS
12.CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
13.EXECUTIVE SESSION: Pursuant to RCW 42.30.110(1)(i) the City Council will hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
14.CITY COUNCIL GOOD OF THE ORDER
15.ADJOURNMENT
COMMITTEE MEETINGS Location
Economic Development and
Tourism
Remote Access
Utilities Remote Access
Land Use Remote Access
Festival of Chimes & Lights Remote Access
Finance Remote Access
Transportation Remote Access
Sewer Advisory Remote Access
Lodging Tax Remote Access
Outside Agency Committees
Date & Time
June 14, 2021; 9:30am – 2nd Monday of each
month
June 8, 2021; 5:00pm
June 17, 2021; 4:30pm – 3rd Thursday of each
month
June 14, 2021; 3:30pm – 3rd Monday of each
month
TBD, 2021; 5:00pm
June 22, 2021; 5:00pm; 4th Tuesday of each
month
July 21, 2021; 6:30pm
TBD, 2021
Varies Varies
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Meeting Date: June 8, 2021
Subject: Adoption of a Resolution Declaring Certain Prepared by: Brandy Rinearson, MMC
Equipment as Surplus and Authorizing its City Clerk
Disposition Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus
to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration
of surplus by the City Council.
Staff is asking the Council to surplus the following IT equipment:
INV# 110519 HP2920-48G Network switch Asset Cost: $0
INV# 110520 HP2920-48G Network switch Asset Cost: $0
INV# 110521 HP2910-48G Network switch Asset Cost: $0
Although the City’s internal asset value of the equipment has been determined to be $0, any money from the
sale of surplus property is deposited into the Fund which owned the equipment. When disposal is to the
general public through direct sale, sealed bid or auction, final determination of value shall be the highest
responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request
and a determination that it is in the public interest.
Recommendation: Staff recommends adoption of a Resolution declaring certain property surplus and
allowing for its disposition.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution declaring certain equipment surplus and
authorizing its disposition.
Fiscal Impact: Money received from the disposition of surplus equipment is deposited in the Fund of
ownership.
Alternatives: Do not adopt.
Attachments: Resolution
Page 3 of 162
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING
CERTAIN EQUIPMENT AS SURPLUS AND AUTHORIZING ITS DISPOSITION.
WHEREAS, certain personal property owned by various Funds of the City of Port
Orchard has become surplus to the needs of the City; and
WHEREAS, the City Council has determined that the current asset value of the IT
equipment items to be $0.00; and
WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020,
considered the possible future requirements of the City, the present value of the
personal property and utility equipment, the likelihood of locating a buyer, possible
intergovernmental cooperation, and the general welfare of the citizens of Port Orchard
in determining whether it is in the best interests of the City to dispose of such personal
property and utility equipment; and
WHEREAS, the City Council desires to dispose of said IT equipment in the best
interests of the City, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The property described below is declared as a surplus to the needs of the
City. Staff is instructed to dispose of the items in a manner that reflects the best
interest of the City.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 8th day of June 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
INV# 110519 HP2920-48G Network switch
INV# 110520 HP2920-48G Network switch
INV# 110521 HP2910-48G Network switch
Page 4 of 162
City of Port Orchard
Council Meeting Minutes
Regular Meeting of May 25, 2021
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond,
Public Works Director Dorsey, Police Chief M. Brown, City Attorney Archer, City Clerk Rinearson, and
Deputy City Clerk Floyd.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
The meeting is also streaming live on Facebook.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to remove Business
Item 7B, pending a completion of legal review.
The motion carried.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda
as amended.
The motion carried.
Page 5 of 162
Minutes of May 25, 2021
Page 2 of 5
3. CITIZENS COMMENTS
Ginger Johnson, Race Director for Yukon Do It, spoke about opportunity and allowing events again.
Council has the opportunity to restore the people’s faith in local government. We are starving for
local events and to create new memories. They have an extensive COVID mitigation plan in place that
complies with current guidelines.
Sharron King, agrees with everything Ginger Johnson said. She spoke to upcoming events and dates
and said they are very excited to be moving forward.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 82065 through 82118 including bank drafts in the amount of
$141,106.20 and EFT’s in the amount of $55,988.41 totaling $197,094.61.
B. Approval of Payroll Check Nos. 82061 through 82064 including bank drafts and EFT’s in the
amount of $158,568.56, and Direct Deposits in the amount of $186,464.31 totaling $345,032.87.
C. Approval of the May 11, 2021, City Council Meeting Minutes
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the consent
agenda.
The motion carried.
5. PRESENTATION
A. South Kitsap Fire and Rescue EMS Levy Renewal
Jeff Faucett, Fire Chief and Mike Eslava, Fire Commissioner, provided a presentation on Emergency
Services 2021 Update: EMS Levy Renewal which included staff information, number of calls, service
area, services provided, how emergency services are provided, balanced operating budget: revenues
and expenditures, EMS accounts for 70% of emergency calls, and levy renewal information.
B. Presentation by Rice Fergus Miller on the South Kitsap Community Events Center Concept Plans
Steve Rice, Lorie Limson Cook, Angie Tomisser and Mike Wright with Rice Fergus Miller, provided a
presentation on the schematic design progress which included an overall site aerial map, site
diagram, location to the Bay Street Pedestrian Pathway, building elevation, design story, view from
Orchard Street plaza, view from waterside northwest corner, view from waterside looking east, view
from waterside southwest corner, view from south/above, view from south at Port Street plaza, view
from Bay Street looking west, view from Bay Street looking west, floor plans, meeting space
summary, square footage available, and events.
6. PUBLIC HEARING
Page 6 of 162
Minutes of May 25, 2021
Page 3 of 5
A. Second Public Hearing on the Adoption of an Ordinance Amending Port Orchard Municipal
Code 13.04.025 and Increasing the Water System Capital Facility Charge
Mayor Putaansuu opened the public hearing at 8:00 p.m.
City Clerk Rinearson said a letter from Tarragon will be filed with the official record.
Mayor Putaansuu closed the public hearing at 8:01 p.m.
B. Final Downtown Subarea Plan and Proposed Amendments to the Comprehensive Plan and
Development Regulations
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 8:03 p.m.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code 13.04.025 and Increasing
the Water System Capital Facilities Charge
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt Ordinance No.
023-21, amending POMC 13.04.025 and increasing the Water System Capital Facilities Charge.
The motion carried.
B. Adoption of an Ordinance Approving the Final Downtown Subarea Plan and Proposed
Amendments to the Comprehensive Plan and Development Regulations
This item was removed from the agenda.
C. Adoption of an Ordinance Regarding Special Event Permits After July 1, 2021, Under Governor’s
COVID-19 Guidance
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an
Ordinance temporarily modifying Chapter 5.94 of the Port Orchard Municipal Code and authorizing
the receipt of special event permits for events occurring after July 1, 2021, subject to conditions, and
to include the 30-day application period.
The motion carried.
(Ordinance No. 025-21)
D. Adoption of a Resolution Approving a Contract with Otis Elevator Company for City Hall
Elevator Maintenance
Page 7 of 162
Minutes of May 25, 2021
Page 4 of 5
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt Resolution
028-21 authorizing the Mayor to execute Contract No. C046-21 with Otis Elevator Company using WA
DES Contract No. 01219 for $10,000.00 per year for a five-year term.
The motion carried.
E. Lodging Tax Fund Allocation for Special Events and Festivals
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to authorize staff to
proceed with the 2021 Lodging Tax application and allocation process for Special Events and festivals
designed to attract tourists.
The motion carried.
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Ashby reported on the May 25th Transportation Committee meeting. She also
reported on an upcoming Kitsap Regional Coordinating Council board meeting and public hearing.
Councilmember Clauson reported on the May 18th Finance Committee meeting.
Councilmember Lucarelli reported on the May 19th Sewer Advisory Committee meeting. Next
meeting is scheduled for July 21st.
Mayor Putaansuu reported on the Kitsap Transit board and Ruby Creek park and ride.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Smart locks;
• In accordance with Resolution 007-11, ‘Establishing a Process for Future Amendments to the
City’s Personnel Policies and Procedures’, we have an amendment to our Coronavirus
Protection Plan to allow for vaccinated employees to be mask free at work after providing
proof of their fully vaccinated status;
• Parks survey; and
• AWC Annual Meeting.
11. REPORT OF DEPARTMENT HEADS
Page 8 of 162
Minutes of May 25, 2021
Page 5 of 5
Public Works Director Dorsey reported the 580 reservoir is being filled.
Police Chief Brown thanked the Council for their support as they work on accreditation.
12. CITIZEN COMMENTS
Maralouise Schmerfeld, thanked Council for putting meetings online as they are easier to access.
Would like to request keeping a Zoom element for public participation. Also, asked if Port Orchard
will be hosting a pop-up vaccination event.
Susan Lee, thanked Council for voting to reopen special events applications and spoke to a couple
upcoming events.
Brice McCain, appreciates live streaming Zoom meetings on Facebook, and hopes this will continue.
It would be beneficial to post on Facebook what will be discussed during Council meetings. Also, he
encouraged the city to post more information on social media about celebrating accomplishments.
13. EXECUTIVE SESSION
At 8:55 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to
RCW 42.30.110(1)(i), related to legal risks related to potential action. City Attorney Archer, and
Community Development Director Bond were invited to attend, and Mayor Putaansuu stated no
action will be taken.
At 9:15 p.m., Mayor Putaansuu reconvened the meeting back into session.
GOOD OF THE ORDER
There was no good of the order.
14. ADJOURNMENT
The meeting adjourned at 9:15 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 9 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: June 8, 2021
Subject: Adoption of an Ordinance Authorizing Prepared by: Debbie Lund
the Position of Intern HR Manager
Atty Routing No.: 366922.0008 – HR
Atty Review Date: June 3, 2021
Summary: Beginning in 2020, the Mayor proposed the development of an internship program for the
City. To that end, during the adoption of the 2021-2022 Biennial Budget a salary scale was set in the
budget Ordinance for the position of Intern. Similarly, the City Council previously authorized an Intern
position specific to the planning function within the Department of Community Development. Other
departments have, from time to time, also expressed an interest in having one or more interns to
assist with special projects, intermittent workload demands, or where there is a vacancy while a
recruitment is conducted. The City has a current need to temporarily perform duties for various
departments, while the City reassesses its needs for long-term recruitment as the City reopens City
Hall following the COVID-19 pandemic in the near future.
The Council adopted Ordinance 008-20, which delegates authority to the Mayor to establish and
amend job descriptions, provided they are consistent with the general qualifications and duties as
assigned by Ordinance by the Council. Consistent with that authorization, staff prepared an
Ordinance establishing and setting the general qualifications and duties for an intern position.
Included in the summary is authority allowing this intern to float among individual departments, as
needed, based on their specific needs and area of focus for this position, depending upon the project
or work assignment (which will depend on reopening needs as the City reopens).
In accordance with Port Orchard Municipal Code 2.28.10, this position as a “intermittent temporary
employee” is limited to six months of employment. Departments and Human Resources will ensure
that interns are not utilized to perform union work without the authorization of the applicable union.
Recommendation: Staff recommends approval of the attached summary for the position of intern.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt an Ordinance authorizing the creation of the position of
Intern and authorizing the Mayor to develop a job description consistent with the attached general
qualifications and duties set out in the Ordinance.”
Fiscal Impact: Each Department Director, after consultation with the Mayor and Finance Director,
would be responsible for ensuring that their department budget can absorb the cost of any intern
Page 10 of 162
Staff Report 7A
Page 2 of 2
position withing their existing budget allocation or requesting a budget amendment from the City
Council to cover the cost.
Alternatives: Do not approve the position summary and provide alternative guidance.
Attachments: Ordinance and Appendix A, position summary for Intern.
Page 11 of 162
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
TO AUTHORIZE POSITION OF INTERN AND ESTABLISHING
GENERAL QUALIFICATIONS AND DUTIES THEREOF; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, from time to time, departments need additional assistance for a variety of
reasons to include vacancies while recruitments are being conducted, special projects, and
excessive workloads; and
WHEREAS, needs of this nature can often be met by utilizing temporary help; and
WHEREAS, internships provide students with valuable experience and resume´ building
skills, as well as offering them a glimpse into “real world” application of their studies; and
WHEREAS, the City is on the precipice of reopening as the COVID-19 pandemic appears to
be concluding and the Governor intends to reopen the state at the end of June 2021, which will
trigger the reopening of City Hall and new needs of various departments associated with the
reopening on a temporary basis; and
WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend
job descriptions provided they are consistent with the general qualification and duties assigned
by the council; and
WHEREAS, a statement of the general qualifications and duties of the Intern position is
attached hereto as Appendix A, and incorporated herein by reference; and
WHEREAS, the pay rate for the position of intern and budget authority for the position
have been established by Ordinance 035-20, adopting the 2021-2022 Biennial Budget; Now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby authorizes the creation of the position of Intern with
the qualifications and duties as generally provided for in Appendix A.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
Page 12 of 162
Ordinance No. _________
Page 2 of 2
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 8th day of June 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 13 of 162
Appendix A
Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as
needed provided they are consistent with the general qualifications and duties assigned by the City Council at the time the position is created by Council.
General Qualifications and Duties
Position Intern
Department Various
Major Job Function and Purpose
This is a temporary assignment to provide practical work experience while providing support for the functions of a municipal government. Assists in a variety of administrative, research,
fiscal or management-directed projects.
General Function
Provide assistance to the assigned department. Depending upon the assignment, work may include functions such as data entry; creating, reviewing, updating and analyzing data; sorting, maintaining, updating, and cataloging various documents and filing systems; observing,
recording and summarizing data; data base development; research and report writing; special
project coordination and assisting other employees with assigned tasks. Minimum Qualifications Include*
High school diploma. Current or planned enrollment at an institution of higher learning in
pursuit of a degree or trade applicable to the position is preferred. Self-starters and those that think outside the box are strongly encouraged to apply.
* All position descriptions allow the hiring manager to consider any combination of experience and training that provides the desired skills, knowledge and abilities.
Page 14 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date: June 8, 2021
Subject: Adoption of a Resolution Approving Prepared by: Noah D. Crocker
a Data Sharing Agreement with the Finance Director
Office of the State Auditor Atty Routing No: 366922.007 – Finance
Atty Review Date: May 31, 2021
Summary: Under Engrossed Substitute Senate Bill (ESSB) 5432, passed by the Legislature this year,
and codified at Chapter 39.26 RCW, the Legislature established the Office of Cybersecurity and
tasked this agency with developing security standards and policies to ensure integrity of data
sharing by Washington’s. As part of that legislation, beginning July 1, 2021, data sharing agreements
(DSAs) will be required between and among all state and local governments who share data as part
of their governmental functions. This includes data exchanged during annual audits.
The Office of the State Auditor has previously used DSAs with some state agencies, but less
frequently with local governments. With the new law going into effect as of July 1, 2021, the Office
of the State Auditor is entering into agreements with local governments as required under the Bill.
These agreements will formalize all the steps Office of the State Auditor takes to protect data
without requiring changes to their existing practices.
Recommendation: Staff recommend approving Resolution No. 0XX-21 authorizing the Mayor to
enter into a Data Sharing Agreement with the State Auditor’s Office
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution authorizing the Mayor to enter into a Data
Sharing Agreement with the State Auditor’s Office.
Fiscal Impact: None.
Alternatives: None.
Attachments: Resolution and Data Sharing Agreement, ESSB 5432.
Page 15 of 162
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ENTER INTO A DATA SHARING AGREEMENT WITH THE OFFICE
OF THE STATE AUDITOR.
WHEREAS, Engrossed Substitute Senate Bill (ESSB) 5432, passed by the Legislature and
effective July 1, 2021 and codified at Chapter 39.26 RCW, established security standards and
policies to ensure integrity of data sharing by Washington’s state and local governments, and
requires all agents to enter into data sharing agreements prior to sharing any data among the
agencies to perform governmental functions; and
WHEREAS, the City of Port Orchard will have an audit in 2021 and will share data with the
Office of the State Auditor; and
WHEREAS, in conformance with state law, the City desires to enter into the Data
Sharing Agreement as provided with the Office of the State Auditor;
WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, approval
of this interagency agreement requires action by the City Council; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to enter into a data sharing agreement
with the Office of the State Auditor.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 8th day of June 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 16 of 162
Agency DSA 21-01
DSA Agreement between Agency and SAO
Agency DSA: 21-01
INTERAGENCY DATA SHARING AGREEMENT
Between
City of Port Orchard
And the Office of the Washington State Auditor
This Interagency Data Sharing Agreement (DSA) is entered into by and between City of Port Orchard
hereinafter referred to as “Agency”, and the Office of the Washington State Auditor, hereinafter referred
to as “SAO”, pursuant to the authority granted by Chapter 39.34 RCW and 43.09 RCW.
AGENCY PROVIDING DATA: Agency
Agency Name: City of Port Orchard
Contact Name: Noah Crocker
Title: Finance Director
Address: 216 Prospect St
Port Orchard, WA 98366
Phone: (360) 876-7023
E-mail: ncrocker@cityofportorchard.us
AGENCY RECEIVING DATA: SAO
Agency Name: Office of the Washington State Auditor
Contact Name: Carol Ehlinger
Title: Program Manager
Address: 451 Sedgwick Rd Suite 200
Port Orchard, WA 98367
Phone: (360) 895-6133
E-mail: ehlingerc@sao.wa.gov
1. PURPOSE OF THE DSA
The purpose of the DSA is to provide the requirements and authorization for the Agency to
exchange confidential information with SAO. This agreement is entered into between Agency
and SAO to ensure compliance with legal requirements and Executive Directives (Executive
Order 16-01, RCW 42.56, and OCIO policy 141.10) in the handling of information considered
confidential.
2. DEFINITIONS
“Agreement” means this Interagency Data Sharing Agreement, including all documents attached
or incorporated by reference.
Page 17 of 162
Agency DSA 21-01
DSA Agreement between Agency and SAO
Agency DSA: 21-01
“Data Access” refers to rights granted to SAO employees to directly connect to Agency systems,
networks and/ or applications combined with required information needed to implement these
rights.
“Data Transmission” refers to the methods and technologies to be used to move a copy of the data
between systems, networks and/ or employee workstations.
“Data Storage” refers to the place data is in when at rest. Data can be stored on removable or
portable media devices such as a USB drive or SAO managed systems or OCIO/ State approved
services.
“Data Encryption” refers to enciphering data with a NIST-approved algorithm or cryptographic
module using a NIST-approved key length. Encryption must be applied in such a way that it
renders data unusable to anyone but the authorized users.
“Personal Information” means information defined in RCW 42.56.590(10).
3. PERIOD OF AGREEMENT
This agreement shall begin on May 24, 2021, or date of execution, whichever is later, and end on
May 23, 2024, unless terminated sooner or extended as provided herein.
4. JUSTIFICATION FOR DATA SHARING
SAO is the auditor of all public accounts in Washington State. SAO’s authority is broad and
includes both explicit and implicit powers to review records, including confidential records,
during the course of an audit or investigation.
5. DESCRIPTION OF DATA TO BE SHARED
The data to be shared includes information and data related to financial activity, operation and
compliance with contractual, state and federal programs, security of computer systems,
performance and accountability for agency programs as applicable to the audit(s) performed.
Specific data requests will be limited to information needed for SAO audits, investigations and
related statutory authorities as identified through auditor requests.
6. DATA ACCESS
If desired, with the Agency’s permission, the Agency can provide direct, read-only access into its
system. SAO will limit access to the system to employees who need access in support of the
audit(s). SAO agrees to notify the agency when access is no longer needed.
7. DATA TRANSMISSION
Transmission of data between Agency and SAO will use a secure method that is commensurate to
the sensitivity of the data being transmitted.
8. DATA STORAGE AND HANDLING REQUIREMENTS
Agency will notify SAO if they are providing confidential data. All confidential data provided by
Agency will be stored with access limited to the least number of SAO staff needed to complete
the purpose of the DSA.
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Agency DSA 21-01
DSA Agreement between Agency and SAO
Agency DSA: 21-01
9. INTENDED USE OF DATA
The Office of the Washington State Auditor will utilize this data in support of their audits,
investigations, and related statutory responsibilities as described in RCW 43.09.
10. CONSTRAINTS ON USE OF DATA
The Office of the Washington State Auditor agrees to strictly limit use of information obtained
under this Agreement to the purpose of carrying out our audits, investigations and related
statutory responsibilities as described in RCW 43.09.
11. SECURITY OF DATA
SAO shall take due care and take reasonable precautions to protect Agency’s data from
unauthorized physical and electronic access. SAO complies with the requirements of the OCIO
141.10 policies and standards for data security and access controls to ensure the confidentiality,
and integrity of all data shared.
12. NON-DISCLOSURE OF DATA
SAO staff shall not disclose, in whole or in part, the data provided by Agency to any individual or
agency, unless this Agreement specifically authorizes the disclosure. Data may be disclosed only
to persons and entities that have the need to use the data to achieve the stated purposes of this
Agreement. In the event of a public disclosure request for the Agency's data, SAO will notify the
Agency
a. SAO shall not access or use the data for any commercial or personal purpose.
b. Any exceptions to these limitations must be approved in writing by Agency.
c. The SAO shall ensure that all staff with access to the data described in this Agreement
are aware of the use and disclosure requirements of this Agreement and will advise new
staff of the provisions of this Agreement.
13. OVERSIGHT
The SAO agrees that Agency will have the right, at any time, to monitor, audit, and review
activities and methods in implementing this Agreement in order to assure compliance.
14. TERMINATION
Either party may terminate this Agreement with 30 days written notice to the other party’s
Agreement Administrator named on Page 1. However, once data is accessed by the SAO, this
Agreement is binding as to the confidentiality, use of the data, and disposition of all data received
as a result of access, unless otherwise amended by the mutual agreement of both parties.
15. DISPUTE RESOLUTION
In the event that a dispute arises under this Agreement, a Dispute Board shall determine
resolution in the following manner. Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review facts, contract terms, and applicable statutes and
rules and make a determination of the dispute.
16. GOVERNANCE
a. The provisions of this Interagency Data Sharing Agreement are severable. If any
provision of this Agreement is held invalid by any court that invalidity shall not affect the
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Agency DSA 21-01
DSA Agreement between Agency and SAO
Agency DSA: 21-01
other provisions of this Interagency Data Sharing Agreement and the invalid provision
shall be considered modified to conform to the existing law.
b. In the event of a lawsuit involving this Interagency Data Sharing Agreement, venue shall
be proper only in Thurston County, Washington.
17. SIGNATURES
The signatures below indicate agreement between the parties.
Agency
Signature Date
Title:
Office of the Washington State Auditor
Signature Date
Title:
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FINAL BILL REPORT
ESSB 5432
C 291 L 21
Synopsis as Enacted
Brief Description: Concerning cybersecurity and data sharing in Washington state government.
Sponsors: Senate Committee on Environment, Energy & Technology (originally sponsored by
Senators Carlyle, Nguyen, Conway, Das, Dhingra, Keiser, Liias, Nobles and Randall; by
request of Office of the Governor).
Senate Committee on Environment, Energy & Technology
House Committee on State Government & Tribal Relations
House Committee on Appropriations
Background: State Information Technology. General. The Consolidated Technology
Services Agency, also known as WaTech, supports state agencies as a centralized provider
and procurer of information technology (IT) services. The director of WaTech is the state
Chief Information Officer (CIO). Within WaTech, the Office of the Chief Information
Officer (OCIO) has primary duties related to IT for state government, which include
establishing statewide enterprise architecture and standards.
Cybersecurity. The OCIO establishes security standards and policies to ensure the integrity
of the information processed in the state's IT systems. The CIO appoints the state Chief
Information Security Officer (CISO). Each institution of higher education, the Legislature,
and the judiciary must develop an IT security program (program) comparable to the
intended outcomes of OCIO security standards and policies. Each state agency must
develop a program, ensure it adheres to OCIO security standards and policies, and obtain an
independent compliance audit of the program at least once every three years.
Office of the Chief Information Officer Policies. The OCIO policy on securing IT assets
requires agencies to implement common IT security standards. A component of this policy
outlines data security requirements such as data classification. Agencies must classify data
based on the sensitivity of the data. Data must be translated to the following classification
categories:
category 1: public information;•
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
ESSB 5432- 1 -Senate Bill Report
Page 21 of 162
category 2: sensitive information;•
category 3: confidential information; and•
category 4: confidential information requiring special handling.•
Agencies must ensure any sharing of data with the public complies with OCIO policies and
other applicable regulations. When sharing category 3 and above data outside of the
agency, an agreement must be in place unless otherwise prescribed by law. Encryption
standards for category 3 and 4 data are specified. Agencies must appropriately protect
information transmitted electronically.
Procurement. The Department of Enterprise Services (DES) is responsible for the
development and oversight of policy for the procurement of goods and services by all state
agencies, including procurement processes for IT goods and services.
The DES Director (Director) must adopt rules, policies, and guidelines governing
procurement. The Director has the sole authority to:
enter into master contracts on behalf of the state; and•
delegate authorization to purchase goods and services to agencies:
Such authorization must specify restrictions as to dollar amount or specific
types of goods and services, based on a risk assessment process.
1.
Delegation does not exempt the agency from conformance to the policies
established by the Director.
2.
•
DES also adopts uniform policies and procedures for the effective and efficient
management of contracts by all state agencies. All contracts for purchases of goods and
services must be based on a competitive solicitation process. DES may grant exemptions
from competitive solicitation, including emergency contracts, sole source contracts, and
direct buy purchases.
Summary: Office of Cybersecurity. The Office of Cybersecurity (OCS) is created within
the OCIO. The CIO appoints the CISO. The primary duties of the OCS are specified, such
as establishing security standards and policies and developing a centralized cybersecurity
protocol for protecting and managing state IT assets.
Programs required under current law must adhere to or be comparable to security standards
and policies established by the OCS rather than the OCIO. Current independent compliance
audit requirements are maintained. If the audit identifies any failure to comply with
standards or any other material cybersecurity risk, the OCS must require the agency to
implement a plan to resolve the failure and monitor compliance.
Catalog of Services. By July 1, 2022, the OCS, in collaboration with state agencies, must
develop a catalog of cybersecurity services and functions for the OCS to perform, and
submit a report to the Governor and the Legislature. The OCS shall update and publish its
catalog of services and performance metrics on a biennial basis.
ESSB 5432- 2 -Senate Bill Report
Page 22 of 162
Incident Response. In the event of a major cybersecurity incident, state agencies must
report that incident to the OCS within 24 hours of discovery of the incident. State agencies
must provide the OCS with contact information for any external parties with material
information related to the incident. The OCS must investigate the incident to determine the
degree of severity and must serve as the state's point of contact for all major cybersecurity
incidents.
Report on Data Governance. The OCS, in collaboration with the Office of Privacy and
Data Protection and the Office of the Attorney General, shall research existing best
practices for data governance and data protection, including model terms for data sharing
contracts, and submit a report to the Legislature by December 1, 2021.
Data Sharing Agreements. Before an agency shares or requests category 3 or higher data, a
written data sharing agreement that conforms to OCS policies must be in place. This
requirement does not limit audit authorities of the State Auditor.
Independent Security Assessment. The OCS must contract for an independent security
assessment (assessment) of the statutorily required program audits conducted since July 1,
2015. Minimum assessment requirements are specified such as assessing the context of any
audit findings and evaluating the findings relative to industry standards at the time of the
audit, evaluating the state's performance in taking action upon audit findings, and evaluating
policies and standards established by the OCS.
A report of the assessment must be submitted to the Governor and Legislature by August
31, 2022. The report is confidential and not subject to public disclosure. To the greatest
extent practicable, the OCS must contract for the assessment using a DES master contract or
the competitive solicitation process described under current law. If the OCS conducts a
competitive solicitation, it must work with DES, the Office of Minority and Women's
Business Enterprises, and the Department of Veteran's Affairs to engage outreach to small
businesses and certified veteran-owned businesses and encourage these entities to submit a
bid.
Votes on Final Passage:
Senate 49 0
House 83 15 (House amended)
Senate 48 0 (Senate concurred)
Effective:July 25, 2021
ESSB 5432- 3 -Senate Bill Report
Page 23 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date: June 8, 2021
Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
with Aqua Tech LLC for the Cedar Heights Lift Public Works Director
Station Valving and Piping Replacement Project Atty Routing No.: 366922.0012 – Sewer
Atty Review Date: May 31, 2021
Summary: By this Resolution, the City Council would authorize the Mayor to execute a contract with Aqua
Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project. On May 3, 2021, Public
Works staff established a list of qualified contractors from the 2021 MRSC Small Works Roster for the Main
Category – Sanitary Sewer Construction, Repair and Maintenance and Sub-Category – Sewer Lift Station
Construction and Maintenance, to perform the Cedar Heights Lift Station Valving and Piping Replacement
Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A.
On May 6, 2021, and pursuant to Resolution No. 042-20 (see Section 5 – Bid Procedures), the City’s Public
Works Department emailed an Invitation to Bid for the Cedar Heights Lift Station Valving and Piping
Replacement Project to five (5) qualified contractors on the selected roster. One (1) bid was timely
received by the deadline, at which time Aqua Tech LLC was deemed the presumed responsive and
qualified low bidder. Notably, although Aqua Tech LLC was not one of the contractors selected and
directly solicited by the City from the roster, they responded to the invitation to bid that was posted on
the City’s website and available for public submissions and are a qualified contractor on the selected MRSC
Small Works Roster. Final bid amounts were as follows:
ame of Contractor d Total
ua Tech LLC 1,065.00
On May 21, 2021, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the Aqua Tech LLC bid of $31,065.00 (applicable tax
included) was the lowest qualified bid. The Public Works Department has confirmed that the bidding
procedures for Public Works have been followed.
Recommendation: Staff recommends that the City Council adopt Resolution No. 037-21, authorizing the
Mayor to execute Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving
and Piping Replacement Project in the amount of $31,065.00.
Relationship to Comprehensive Plan: Utilities – Sewer
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Staff Report 7C
Page 2 of 2
Motion for Consideration: I move to adopt Resolution No. 037-21, authorizing the Mayor to execute
Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping
Replacement Project in the amount of $31,065.00.
Fiscal Impact: A budget amendment will be required.
Alternatives: Do not approve.
Attachments: Resolution No. 037-21, Ex. A – MRSC Roster, Ex. B-Small Works Contract No. C056-21,
and Invitations to Bid.
Page 25 of 162
RESOLUTION NO. 037-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C056-21 WITH AQUA TECH LLC FOR THE CEDAR
HEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENT PROJECT AND
DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT
PROCEDURES.
WHEREAS, as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public
Works Roster; and
WHEREAS, on May 3, 2021, pursuant to RCW 39.04.155, the City’s Public Works
Department established a roster of qualified contractors from the 2021 Small Works Roster, a
copy of which is attached hereto as Exhibit A, for the Main Category – Sanitary Sewer
Construction, Repair and Maintenance and Sub-Category – Sewer Lift Station Construction and
Maintenance; and
WHEREAS, on May 6, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures, the City’s Public Works Department issued an email Invitation to Bid (ITB) for Cedar
Heights Lift Station Valving and Piping Replacement Project to five (5) qualified contractors on
the selected roster, and simultaneously posted the ITB on the City’s website; and
WHEREAS, on May 21, 2021, the City’s Public Works Department received one (1) bid by
the deadline, and Aqua Tech LLC was deemed the apparent lowest, qualified bidder for the
Cedar Heights Lift Station Valving and Piping Replacement Project; and
WHEREAS, although Aqua Tech LLC was not one of the contractors selected and
solicited by the City from the roster, they are a qualified contractor on the selected MRSC Small
Works Roster and obtained the ITB from the City’s website; and
WHEREAS, on May 21, 2021, the City’s Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist and confirmed Aqua Tech LLC as the lowest,
qualified bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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Resolution No. 037-21
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping
Replacement Project, a copy of which is attached hereto as Exhibit B and incorporated
herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 8th day of June 2021.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 1 of 24
CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER
CONSTRUCTION CONTRACT NO. C056-21
PUBLIC WORKS PROJECT NO. PW2021-019
THIS Agreement is made effective as of the _8th_ day of _June_, 2021, by and between
CITY OF PORT ORCHARD, WASHINGTON (“CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and
Aqua Tech LLC (“CONTRACTOR”)
111 Sparrow Ct.
Port Ludlow, WA 98365
Contact: Bob Thurston Phone: 360.301.3535 Email: bobt@aquatecllc.com
for the following Project:
Cedar Heights Lift Station Valving & Piping Replacement (“PROJECT”)
The City and Contractor agree as follows:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
“Contract” and/or “Contract Documents”:
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
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City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 2 of 24
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each
other in describing a complete work. Any requirement in one document binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be June 14, 2021. The Contractor shall substantially complete the Work not later than
August 12, 2021, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $31,065.00 (applicable 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 wage rates to be paid. The Contractor agrees to furnish insurance of the types and
in the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
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City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
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9. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the Contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
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Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
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unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
____________________________ ____________________________
Robert Putannsuu, Mayor
By:
Its:
ATTEST/AUTHENTICATE:
______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Charlotte A. Archer, City Attorney
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Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ____________________________________ (Corporate Officer (Not Contract Signer))
certify that I am the _________________________________________ (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
_______________________________, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then __________________________ (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
______________________________________
Corp. officer signature (not contract signer)
______________________________________
Printed
______________________________________
Title
State of ____________ )
County of __________ )
_____________________________________, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is _____________________________ (Corporate Title)
of ______________________________ (Name of Corporation)
Subscribed and sworn to before me this _______ day of _____________, 20______
______________________________
Notary Public (Signature)
______________________________
Notary Public (Print)
My commission expires____________
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Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 6 of 24
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means
the apparent lowest and best responsible bidder to whom an award is made, and “Contractor”
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. “Bidder” means the person, firm or corporation that has made an
offer in response to the invitation to bid. “Work” means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor’s obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to ensure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled “Insurance Requirements.”
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
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Public Works Project No. PW2021-019
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7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract, when properly signed, will be the only form that will be
recognized by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City’s prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other party (the “Change Notice”);
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identify the agreed method of compensation.
13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
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Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and defend the City against any loss, cost, liability or damage, including reasonable attorney’s
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction determine that this Contract
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and volunteers, the Contractor’s liability
hereunder shall be only to the extent of the Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Contract.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under
the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services performed by the
Contractor prior to termination.
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19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement
of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
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CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees and subcontractors.
No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:
• Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
• Workers’ Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Employers’ Liability coverage to include bodily injury, and bodily injury by disease.
Employers Liability coverage may be included in the Contractor’s General Liability
Coverage or as a stand-alone policy.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
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City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
• Workers’ Compensation insurance.
• Employer’s Liability insurance with Washington Stop Gap Employers’ Liability minimum
limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any
other claim or benefit for this Contractor or any sub-Contractor or employee of the
Contractor which might arise under the industrial insurance laws during the performance
of duties and services under this contract. If the Department of Labor and Industries, upon
audit, determines that industrial insurance payments are due and owing as a result of work
performed under this contract, those payments shall be made by the Contractor; the
Contractor shall indemnify the City and guarantee payment of such amounts.
Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they
shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool
coverage maintained by the City shall be excess of the Contractor’s insurance and shall not
contribute with it. If any coverage is written on a “claims made” basis, then a minimum of three
(3) year extended reporting period shall be included with the claims made policy, and proof of this
extended reporting period provided by the City.
Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary
structures, scaffolding and protective fences.
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Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor’s
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Contractor shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days’ notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS – RCW 39.08.010)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option, where applicable, desired by checking the appropriate
space.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
2. In addition, the Contractor elects to (select one):
________(1) Furnish a performance and payment bond in the amount of the total
contract sum. An executed performance and payment bond on the required form is
included with the executed contract documents.
________(2) Have the City retain, in lieu of the performance and payment bonds,
ten percent (10%) of the total contract amount for a period of thirty days after date
of final acceptance, or until receipt of all necessary releases from the department of
revenue and the department of labor and industries and settlement of any liens filed
under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract, and shall faithfully perform all the provisions of such
Contract and shall also well and truly perform and fulfill all the undertakings,
covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborers, mechanics, subcontractors, and
materialmen, and all persons who shall supply such person or persons, or
subcontractors, with provisions and supplies for the carrying on of such work, on
his or her part, and shall defend, indemnify, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time
provided in said option 2; otherwise, the funds shall be retained until the Contractor
fulfills the said obligations.
__________________________________
Contractor Signature, Date____________
Bond No. _______________________________
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING AND PIPING REPLACEMENT
CONTRACT NO. C056-21
Bond to City of Port Orchard, Washington
Bond No. _____________
We, ___________________________________, and _________________________________________,
(Principal) (Surety)
a _________________________________ Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of
_________________________________________________________ Dollars ($_________________),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the
performance of Principal in connection with a contract dated_____________, 20___, between Principal and
Owner for a project entitled Cedar Heights Lift Station Valving & Piping Replacement Contract No.
C056-21 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales
tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal, its heirs, executors, administrators, successors, or assigns:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and
within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor, equipment, or materials to the Project; and
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A)
Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned
on the payment of such taxes, increases and penalties.
The Surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal)
to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection
with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is
commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety
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hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond
without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
_______ day of _________________, 20 ___.
________________________________________ _______________________________________
Principal Surety
________________________________________ _______________________________________
Signature of Authorized Official Signature of Authorized Official
________________________________________ By ____________________________________
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared________________________, to
me known to be the (check one of the following boxes):
_______________________ of __________________________________, the
corporation,
_______________________ of __________________________________, the
partnership,
individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said corporation,
partnership, individual for the uses and purposes therein mentioned, and on oath stated that he
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at
My Commission expires:
Notary Seal with Ink Stamp
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SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
COUNTY OF )
On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared___________________,
to me known to be the _____________________________ of________________________________, the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
_____________________________________________
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:____________________________________
My Commission expires: _______________________
Notary Seal with Ink Stamp
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond)
PROJECT #, PERMIT #, PW2021-019
CONTRACT # C056-21
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name: Cedar Heights Lift Station Valving & Piping Replacement
Owner/Developer/Contractor:
Project Address: 2220 Pottery Ave., Port Orchard, WA 98366
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of the State
of , and authorized to transact surety business in the State of Washington
(hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the
sum of dollars ($ ) 20%
Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and
each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by
these presents. THE CONDITIONS of the above obligation are such that:
WHEREAS, the above-named Principal has constructed and installed certain improvements on public
property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written
and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or
replace said improvements against defects in workmanship, materials or installation during the twenty-four
(24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but
only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping,
shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and
approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of the project or improvements as accepted by the City during the twenty-four (24) month period after
final and written acceptance, and includes, but is not limited to, repair or replacement of defective
workmanship, materials or installations.
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C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City-owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the
same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the City that it
will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall then
have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual
costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the City's
sole election to enter onto said property described above for the purpose of repairing or
maintaining the improvements. This provision shall not be construed as creating an obligation
on the part of the City or its representatives to repair or maintain such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing
the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of
any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered
a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable
by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as
a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
Page 50 of 162
City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 20 of 24
agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this day of , 20__.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By: By
Its Its
Business Name: Business Name:
Business Address: Business Address:
City/State/Zip Code: City/State/Zip Code:
Telephone Number: Telephone Number:
CITY OF PORT ORCHARD
By: Date: _________________________
Its Public Works Director/City Engineer
CHECK FOR ATTACHED NOTARY SIGNATURE
____ Individual (Form P-1)
____ Corporation (Form P-2)
____ Surety Company (Form P-2)
Page 51 of 162
City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 21 of 24
FORM P-1 / NOTARY BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it
to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires: _______________
Page 52 of 162
City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 22 of 24
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the _________________________________ of
_________________________________that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: ______________________________
___________________________________
___________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: _____________
(Surety Company)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the _________________________________ of
_________________________________that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: _____________________________
___________________________________
____________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: ______________
Page 53 of 162
City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 23 of 24
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 54 of 162
City of Port Orchard and Aqua Tech LLC
Public Works Project No. PW2021-019
Small Works Contract No. C056-21 Rev 7/23/2020
Page 24 of 24
Page 55 of 162
INVITATION TO BID
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
PUBLIC WORKS PROJECT NO. PW2021-019
May 6, 2021
Notice is hereby given that bids will be received for the Cedar Heights Lift Station Valving & Piping
Replacement Project. Interested parties should email or submit their proposals to:
City of Port Orchard Public Works Department
216 Prospect Street
Port Orchard, WA 98366
RE: 1TB -Cedar Heights Lift Station Valving & Piping Replacement
Or email:
pu bl icworks@cityof portorcha rd. us
Proposals will be received until 1:00pm on May 21, 2021. No proposals time-stamped will be
accepted after the above-stated time.
Project Details
Site(s): 2220 Pottery Ave. Port Orchard, WA 98366
Scope of Work: Removal and replacement of two (2)-4" check valves, two (2)-4" wheel plug
valves, and two (2)-4" x 10' (approx.) sections of vertical discharge piping. See Appendix A
for detailed description of work. Also attached is the wet well As Built for reference of
associated work area.
• For contractor to conduct associated work, contractor shall provide sewerage
transport of incoming sewage to nearby City provided discharge site. This sewage lift
station serves Cedar Heights Junior High. Work shall be performed after the last day
of school (June 12, 2021) so incoming flows are minimal.
• Contractor shall follow and abide by DOSH and City of Port Orchard Confined Space
requirements.
This project consists of work to be performed within 60 calendar days from Notice to Proceed date of
June 14, 2021 and consists offurnishing all materials, equipment, tools, labor and other work or items
incidental theretofore.
GENERAL TERMS AND CONDITIONS
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (L&I).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in
the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule,
RCW 39.12.020.
The project site is located in Kitsap County.
Page 56 of 162
SCHEDULE OF CONTRACT PRICES
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
NOTE: Lump Sum total amount shall be concurrent with Scope of Work and Work To be Performed
description in Appendix A and shall include mobilization, materials, labor costs, and any other
associated costs to perform contracted work. If a discrepancy between the numerical unit price and
the written (words) unit price is found, the written (words) unit price shall control.
Item No.
1.
Estimated
Quantity
Lump Sum
SALES TAX
SP/STD
STD
Description of Item
Removal/Replacement of (2) Wheel Plug Valves/
(2) Check Valves/ (2) Sections of Vertical
Discharge Piping
Unit Price
$ tcvenl1 etj ~f Jbo,zs(Md f';upt,..t)t\J.,;.L.S. I
(Words) Per Lump Sum
Amount
SUBTOTAL: $_ ..... ,.J'--""-81._.S_o_o_0
_
0
__
SALES TAX (9%): $____,;,rf._.'$::;,,.JL<,,_5_0_c> __ _
TOTAL BID: $ ~ QC,5 ~
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the
Contracting Agency retail sales tax on the full Contract amount.
Page 57 of 162
ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
PUBLIC WORKS PROJECT NO. PW2O21-019
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14)
calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By
signing below idder acknowledges receipt of the following Addenda to the Bid Documents:
Date of Receipt Addendum No. Date of Receipt
Addendum No. Date of Receipt Addendum No. Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and
Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will
provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation
date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters
49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the
Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct."
Sign Date: s
Location or Place Executed (City, State):
<'rt-Lu J loC0 U
8/,0-30/-3535
NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be
executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the
president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any
signature must be notarized below.
STATE OF
)ss.
Page 58 of 162
COUNTY OF
I certify that I know or have satisfactory evidence that __________ signed this proposal, on
oath stated that he/she was authorized to execute the proposal and acknowledged it as the
_________ (title) of ________________ (name of party on behalf of whom
proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in this proposal.
Dated this Q,, I day of M j ,20 2-/.
I" ( ~ _ Notary Public ti}
Ule,if/ =r~~ Y1
Printed Name~ /;, . /
My Commission Expires: 7 ~;).f') J-:'-f
I I
Page 59 of 162
BIDDER'S QUALIFICATION FORM
CllY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
Address:
1. Name of Contractor: __ _,_)-'-----l-1 .... u'-&o,-=,.__---_.l'--'e._-=~=h.~_L_L~c~· -----------
/II S /k<ff°OCJ C,+-: Por-1 Ludlow tJ A 9f'3c.s-
2. Telephone No.( .3~) 3oJ -3.S3S ~en,a;b babfe0,1uJecl/c. #CO n--\.
3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: :)JO, '/1/3 -0 I
4. Washington State Dept. of Licensing Contractor's Registration No. AQUA TTL. '8'/7/r /...
Expiration Date: -5 //3 /d-0::l.5
5. Washington State Uniform Business Identifier No. C, 0 'f -.3 $5 -9 L-/8'
(Must have UBI number before the contract is awarded.)
6. Number of years engaged in contracting business under above name: _o/;;;;.._,_S _____ _
7. At the time of bid submittal, did the contractor have a certificate of registration in compl iance with Chapter
18.27 RCW? ---~~t~S _____ _
8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in
Title 51 RCW? --~"-t~S:~-----
9. Does the contractor have an employment security department number as required in Title 50 RCW?
number): ODD -F 1, 1 t, z'-00-::?_
(provide
10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number):
L.OOo ge, C, /IS'/
11. Has the contractor been . <;lisqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3)? ___ I_U~t0~----
12. Has the contractor received training on the requirements related to public works and prevailing wage under
chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) __ _,1/'--'(...-S~----
13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor
(determined by a final and binding citation and notice of assessment issued by the department of labor and
industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully
violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? Alo
14. Has the contractor violated the "Off-site Prefabricated Non-Standard Project Specific Items" reporting
requ irements more than one time as determined by the department of labor and industries? Alo
15. Particular types of construction performed by your company:
Weder i tJasletvcd"t, Giu;I ,
Page 60 of 162
16. Gross amount of contracts now on hand:$ __ 7~6~0'-->1'---"-0~Q~O~-~-Q. _______ _
17. List simi lar recent construction projects that your firm has done in the last 5 years:
Amount Type Owner's Name Phone
✓tJj{J(l) {,y;flJ,,, j~ i,lf'(Mt>rriad'. ;JC0 -.5J5-J,Y/6
#cl~.5/S iAJtuTP 1was t✓-f#r/J/lLJod f ,;75-~ltJ -5.;y/
/tlft:JP 0.1,J!« f,pft0 ,I-, f f /yn11w~':/ eif-r: 7c2 9 f /
L!JC@o J/ew p(Jh(/)5/;lo"l &1fh1)1~h /k(/s/11'[Jc;;/I, 3 {()-~ --7/YtJ
7 i ~ . ./
/JJ'qtltJJ 6,/Lr\ltr )115/4//s f/4rwa,/ J~H l/w~~ffec.3t(}-df9--2Y?f
J'.@t> fl,~/4,,U lt·(t'J(tf/µl,·✓c $0-W'.-?5~
18. What is the construction experience of the principal ind ividuals to be assigned to this project?
Years of
Construction
Name Title Experience Availability
/}ob 7J v1st£11 lb~(!_, JJ~ I _JJ /OCJ/{>
~ us/; r1 Jho111ty:,
J IT /cc,% /;r~JY?aY\..
Jvslrc&tft'L Vlw!td Jf /tJ?lf{
Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its
subcontractors and to require each of its subcontractors to both verify responsibil ity criteria for its subcontractors
and include instant condition for ve rification requirement.
NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be
By: rejected!J:be,~j_-~Jl--
.tl (Authorized Signature)
Tit le: I f' ,< .t;'.C.-: 7 ti
Date: 5/<P/ ~ @:J /
Page 61 of 162
NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the
following statements are true and correct:
By:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the
provisions of this declaration.
Title:
P. (Authorized Signature)
~
Page 62 of 162
INVITATION TO BID
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT PUBLIC WORKS PROJECT NO. PW2021-019
May 6, 2021
Notice is hereby given that bids will be received for the Cedar Heights Lift Station Valving & Piping
Replacement Project. Interested parties should email or submit their proposals to:
City of Port Orchard Public Works Department
216 Prospect Street
Port Orchard, WA 98366
RE: ITB – Cedar Heights Lift Station Valving & Piping Replacement
Or email:
publicworks@cityofportorchard.us
Proposals will be received until 1:00pm on May 21, 2021. No proposals time-stamped will be
accepted after the above-stated time.
Project Details
Site(s): 2220 Pottery Ave. Port Orchard, WA 98366
Scope of Work: Removal and replacement of two (2)- 4” check valves, two (2)- 4” wheel plug
valves, and two (2)- 4” x 10’ (approx.) sections of vertical discharge piping. See Appendix A
for detailed description of work. Also attached is the wet well As Built for reference of
associated work area.
• For contractor to conduct associated work, contractor shall provide sewerage
transport of incoming sewage to nearby City provided discharge site. This sewage lift
station serves Cedar Heights Junior High. Work shall be performed after the last day
of school (June 12, 2021) so incoming flows are minimal.
• Contractor shall follow and abide by DOSH and City of Port Orchard Confined Space
requirements.
This project consists of work to be performed within 60 calendar days from Notice to Proceed date of June 14, 2021 and consists of furnishing all materials, equipment, tools, labor and other work or items
incidental theretofore.
GENERAL TERMS AND CONDITIONS
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (L&I).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in
the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule,
RCW 39.12.020.
The project site is located in Kitsap County.
Page 63 of 162
The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor’s bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the contract
is executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The prime contractor bid due date is May 21, 2021.
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration
of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are
identified and that the applicable wage and benefit rates are taken into consideration when
preparing their proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a “Statement of Intent to Pay Prevailing Wages”. A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: “I
certify that wages paid under this contract are equal to or greater than the applicable wage
rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts
issued by the State of Washington Department of Labor and Industries.”
The selected vendor must submit to the Department of Labor and Industries an “Affidavit of
Wages Paid” and a copy of an approved Affidavit must be submitted at the end of the contract
to the City before the last payment or any retained funds will be released.
The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid
with the Department of Labor and Industries shall be at no additional cost to the City. The
Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing
wage rate, RCW 39.12.060 and WAC 296-127-060.
Look up the prevailing rates of pay, benefit, and overtime codes from this link:
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the
prevailing wage rates is available for viewing at the City of Port Orchard Department of Public
Works. A hard copy will be mailed upon request.
For prevailing wage questions, contact the Department of Labor & Industries at
PW1@Lni.wa.gov or 360-902-5335.
2. The company will submit the L&I approved Intent to Pay with the invoice. If there is more than
one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last
invoice. We will not accept the invoice without the approved Intent to Pay from L&I.
3. The successful bidder must have a City business license prior to award of contract and must be an active participate on the MRSC Small Works Roster for the City of Port Orchard. For
more information regarding the MRSC, visit their website at www.mrscrosters.org.
Page 64 of 162
4. A retainage of 5% will be held on all public improvement projects per RCW 60.28.011. The
retainage will be released after the City is provided the Affidavit of Wages Paid and approval of the Department of Revenue. All expenses associated with the prevailing wage rules are
the responsibility of the contractor.
5. The company is required to have the following liability insurance and list the City of Port
Orchard as a “Named Insured” on the company’s policy.
a. $1,000,000 Property Damage
b. $1,000,000 Bodily Injury
6. A Performance & Payment Bond at 100% of the Contract Value.
7. A two-year Maintenance Bond at 20% of the Contract Value.
8. Contractor Disqualification
A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet
the following responsibility criteria set forth in RCW 39.04.350:
1. Before award of a public works contract, a bidder must meet the following
responsibility criteria to be considered a responsible bidder and qualified to be
awarded a public works project. The bidder must:
a. At the time of bid submittal, have a certificate of registration in compliance
with chapter 18.27 RCW;
b. Have a current state unified business identifier number;
c. If applicable, have industrial insurance coverage for the bidder's employees
working in Washington as required in Title 51 RCW; an employment security
department number as required in Title 50 RCW; and a state excise tax
registration number as required in Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065(3);
e. If bidding on a public works project subject to the apprenticeship utilization
requirements in RCW 39.04.320, not have been found out of compliance by
the Washington state apprenticeship and training council for working
apprentices out of ratio, without appropriate supervision, or outside their
approved work processes as outlined in their standards of apprenticeship
under chapter 49.04 RCW for the one-year period immediately preceding the
date of the bid solicitation;
f. Have received training on the requirements related to public works and
prevailing wage under this chapter and chapter 39.12 RCW. The bidder must
designate a person or persons to be trained on these requirements. The
training must be provided by the department of labor and industries or by a
training provider whose curriculum is approved by the department. The
department, in consultation with the prevailing wage advisory committee,
must determine the length of the training. Bidders that have completed three
or more public works projects and have had a valid business license in
Washington for three or more years are exempt from this subsection. The
department of labor and industries must keep records of entities that have
satisfied the training requirement or are exempt and make the records
available on its web site. Responsible parties may rely on the records made
Page 65 of 162
available by the department regarding satisfaction of the training
requirement or exemption; and
g. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and
notice of assessment issued by the department of labor and industries or
through a civil judgment entered by a court of limited or general jurisdiction
to have willfully violated, as defined in RCW 49.48.082, any provision of
chapter 49.46, 49.48, or 49.52 RCW.
2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder
under the same or different names;
b. Evidence of collusion exists with any other bidder or potential bidder.
Participants in collusion will be restricted from submitting further bids;
c. The bidder, in the opinion of the Contracting Agency, is not qualified for the
work or to the full extent of the bid, or to the extent that the bid exceeds the
authorized prequalification amount as may have been determined by a
prequalification of the bidder;
d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the
standpoint of conduct of the work; workmanship; progress; affirmative
action; equal employment opportunity practices; or Disadvantaged
Business Enterprise, Minority Business Enterprise, or Women’s Business
Enterprise utilization;
e. There is uncompleted work (Contracting Agency or otherwise) which might
hinder or prevent the prompt completion of the work bid upon;
f. The bidder failed to settle bills for labor or materials on past or current
contracts;
g. The bidder has failed to complete a written public contract or has been
convicted of a crime arising from a previous public contract;
h. The bidder is unable, financially or otherwise, to perform the work; or
i. There are any other reasons deemed proper by the Contracting Agency.
Americans with Disabilities Act (ADA) Information
The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and
the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all
of its programs and activities. This material can be made available in an alternate format by emailing
the Human Resources Department at dlund@cityofportorchard.us or by calling (360) 876-7014.
Title VI Statement
The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation,
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged
business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, national
origin, or sex in consideration for an award.”
Notice is given to all potential bidders that any bid responses may be subject to release under the
Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon
a request. Bidders are advised to mark any records believed to be trade secrets or confidential in
Page 66 of 162
nature as “confidential.” If records marked as “confidential” are found to be responsive to the request
for records, the City may elect to give notice to the bidder of the request so as to allow the bidder to
seek a protective order from a Court. Please be advised, however, that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City.
All questions or comments regarding the bid or to schedule a walk thru to see lift station should be
directed to Tony Lang at tlang@cityofportorchard.us or call 360.535.2490. Unauthorized contact
regarding this notice with other City employees may result in disqualification. Any oral communications
will be considered unofficial and non-binding on the City.
The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The
City reserves the right to reject any and all submittals and to waive irregularities and informalities in
the submittal and evaluation process. This notice does not obligate the City to pay any costs
incurred by bidders in the preparation and submission of their bids.
Submittal Checklist
o Schedule of Contract Prices o Acknowledgements
o Bidder’s Qualification Form – the Owner reserves the right to check all statements and to judge
the adequacy of the Bidders qualifications
o Non-collusion Declaration
Page 67 of 162
SCHEDULE OF CONTRACT PRICES
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
NOTE: Lump Sum total amount shall be concurrent with Scope of Work and Work To be Performed
description in Appendix A and shall include mobilization, materials, labor costs, and any other
associated costs to perform contracted work. If a discrepancy between the numerical unit price and
the written (words) unit price is found, the written (words) unit price shall control.
Item No.
Estimated
Quantity SP/STD Description of Item Unit Price Amount
1. Lump Sum STD Removal/Replacement of (2) Wheel Plug Valves/ (2) Check Valves/ (2) Sections of Vertical
Discharge Piping
$ L.S. $____________
(Words) Per Lump Sum
SUBTOTAL: $____________________________
SALES TAX (9%): $____________________________
TOTAL BID: $____________________________
SALES TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount.
Page 68 of 162
APPENDIX A
WORK TO BE PERFORMED
All removal and replacement work shall be completed on two (2) separate sewerage pump 4” vertical
discharges. Description below reflects the scope of work for the removal/replacement of one (1) vertical
discharge, check valve, isolation valve. Wet well access is through a 48-inch diameter HDPE access cover.
The wet well is approximately 25-feet deep. Area of work is approximately 13-feet to 24-feet below rim
level. Contractor shall be responsible for removal of existing/incoming sewage to allow personnel into wet
well. City will provide a nearby transfer manhole for off-loading of transported sewage.
1. Remove 4” check valve, 4” wheeled gate valve, and 10’ (approx.) of Schedule 80
discharge piping.
2. Install 4” check valve (FLxFL), 4” wheel plug valve (FLxFL), and 10’ (approx.) of 4” Class
52 Ductile Iron.
• 4” ball check valve shall be (FLxFL) Ductile Iron with NITRILE covered metal
sinking ball. Valve body shall have an access cover for maintenance
purposes.
• 4” wheel handle plug valve shall be (FLxFL) Cast Iron.
• Replacement discharge piping shall be spooled 4” (FL x FL) Class 52 Ductile
Iron.
*Contractor needs to field verify length of spool required for each 4”
discharge so corresponding replacement check valve and plug valve will fit
accordingly.
*All replacement gaskets shall be Full Face Neoprene. All flange bolt kits shall be 316
Stainless Steel*
3. Wet well shall be cleaned of any construction debris before start-up. All piping and valves shall
shall be checked for leaks and fixed accordingly.
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ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
PUBLIC WORKS PROJECT NO. PW2021-019
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents:
________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt
________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
“I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”
Signature:
Date:
Printed Name and Title:
Location or Place Executed (City, State):
Business Address:
Business Telephone:
NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below.
STATE OF )
)ss.
Page 70 of 162
COUNTY OF )
I certify that I know or have satisfactory evidence that ______________________ signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the ______________________ (title) of ______________________________________ (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal.
Dated this ______ day of ________________, 20____.
_______________________________________
Notary Public
_______________________________________
Printed Name
My Commission Expires: __________________
Page 71 of 162
BIDDER’S QUALIFICATION FORM
CITY OF PORT ORCHARD
CEDAR HEIGHTS LIFT STATION VALVING & PIPING REPLACEMENT
1. Name of Contractor: ________________________________________________________________
Address: __________________________________________________________________________
2. Telephone No.(______) ______________________ Fax No.: (______)_________________________
3. Washington State Dept. of Labor and Industries Worker’s Compensation Account No.: ___________
4. Washington State Dept. of Licensing Contractor’s Registration No. ______________________
Expiration Date: _________________
5. Washington State Uniform Business Identifier No. ________________________________________
(Must have UBI number before the contract is awarded.)
6. Number of years engaged in contracting business under above name: ______________________
7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter
18.27 RCW? __________________________
8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in
Title 51 RCW? ___________________________
9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide
number): ________________________
10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number):
______________________________
11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3)? _________________________
12. Has the contractor received training on the requirements related to public works and prevailing wage under
chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) ______________________
13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor
(determined by a final and binding citation and notice of assessment issued by the department of labor and
industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully
violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW?
_____________________
14. Has the contractor violated the “Off-site Prefabricated Non-Standard Project Specific Items” reporting
requirements more than one time as determined by the department of labor and industries? _________
15. Particular types of construction performed by your company:
Page 72 of 162
16. Gross amount of contracts now on hand: $
17. List similar recent construction projects that your firm has done in the last 5 years:
Amount Type Owner’s Name Phone
18. What is the construction experience of the principal individuals to be assigned to this project?
Name Title
Years of
Construction
Experience Availability
Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its
subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors
and include instant condition for verification requirement.
NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be
rejected by the City.
By: _______________________________________
(Authorized Signature)
Title: _______________________________________
Date: _______________________________________
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NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the
following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the
provisions of this declaration.
By: _______________________________________
(Authorized Signature)
Title: _______________________________________
Page 74 of 162
Page 75 of 162
Page 76 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: June 8, 2021
Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
with Olson Brothers Pro-Vac, LLC for the 2021 Public Works Director
Stormwater Catch Basin and Pipe Maintenance
Project Atty Routing No: 366922.0015
Atty Review Date: May 31, 2021
Summary: By this Resolution, the City Council would authorize the Mayor to execute a contract with Olson
Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project. On May 10,
2021, Public Works staff established a list of qualified contractors from the 2021 MRSC Small Works Roster
for the Main Category – Storm Drainage Facility Construction, Repair and Maintenance and Sub-Category –
Catch Basin Cleaning/Vactoring/Jet Rodding, to perform the 2021 Stormwater Catch Basin and Pipe
Maintenance Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A.
On May 10, 2021, and pursuant to Resolution No. 019-17 (see Section 5 – Bid Procedures), the City’s Public
Works Department emailed an Invitation to Bid for 2021 Stormwater Catch Basin and Pipe Maintenance to
five (5) qualified contractors on the list. Two (2) bids were timely received by the deadline, at which time
Olson Brothers Pro-Vac, LLC was deemed the presumed responsive and qualified low bidder. Final bid
amounts were as follows:
Name of Contractor Bid Total
Olson Brothers Pro-Vac $63,773.41
Drain Pro Inc $93,792.32
On May 24, 2021, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the Olson Brothers Pro-Vac, LLC bid of $63,773.41
(applicable tax included) was the lowest qualified bid. The Public Works Department has confirmed that
the bidding procedures for Public Works have been followed.
Recommendation: Staff recommends that the City Council adopt Resolution No. 040-21, authorizing the
Mayor to execute Contract No. C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch
Basin and Pipe Maintenance Project in the amount of $63,773.41.
Relationship to Comprehensive Plan: Utilities – Stormwater.
Motion for Consideration: I move to adopt Resolution No. 040-21, authorizing the Mayor to execute
Contract No. C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe
Maintenance Project in the amount of $63,773.41.
Page 77 of 162
Staff Report 7D
Page 2 of 2
Fiscal Impact: The 2021-2022 Biennial Budget allocated $150,000.00 for this activity. (421.05.531.20.40).
Alternatives: Do not approve.
Attachments: Resolution No. 040-21, Ex. A – MRSC Roster, Ex. B - Small Works Contract No. C057-21,
Schedule of Contract Prices, and Invitation to Bid.
Page 78 of 162
RESOLUTION NO. 040-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C057-21 WITH OLSON BROTHERS PRO-VAC, LLC
FOR THE 2021 STORMWATER CATCH BASIN AND PIPE MAINTENANCE PROJECT
AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT
PROCEDURES.
WHEREAS, as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public
Works Roster; and
WHEREAS, on May 10, 2021, pursuant to RCW 39.04.155, the City’s Public Works
Department established a roster of qualified contractors from the 2021 Small Works Roster, a
copy of which is attached hereto as Exhibit A, for the Main Category – Storm Drainage Facility
Construction, Repair and Maintenance and Sub-Category – Catch Basin Cleaning/Vactoring/Jet
Rodding; and
WHEREAS, on May 10, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures, the City’s Public Works Department issued an email Invitation to Bid for 2021
Stormwater Catch Basin and Pipe Maintenance Project to the contractors on the selected
roster; and
WHEREAS, on May 24, 2021, the City’s Public Works Department received two (2) bids
by the deadline, and Olson Brothers Pro-Vac, LLC submitted the apparent lowest, qualified Bid
for the 2021 Stormwater Catch Basin and Pipe Maintenance Project; and
WHEREAS, on May 24, 2021, the City’s Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist and confirmed Olson Brothers Pro-Vac, LLC as the
lowest, qualified bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
Page 79 of 162
Resolution No. 040-21
Page 2 of 2
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C057-21 with Olson Brothers Pro-Vac, LLC for the 2021 Stormwater Catch Basin and Pipe
Maintenance Project, a copy of which is attached hereto as Exhibit B and incorporated
herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 8th day of June 2021.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 1 of 24
CITY OF PORT ORCHARD SMALL WORKS OVER $35K
CONSTRUCTION CONTRACT NO. C057-21
PUBLIC WORKS PROJECT NO. PW2021-020
THIS Agreement is made effective as of the 8th day of June, 2021, by and between
CITY OF PORT ORCHARD, WASHINGTON (“CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and
Olson Brothers Pro-Vac, LLC (“CONTRACTOR”)
2412 Inter Avenue
Puyallup, WA 98372
Contact: Melanie Ross Phone: 253.435.4328 Email: melanie.ross@pro-vac.com
for the following Project:
2021 Stormwater Catch Basin & Pipe Maintenance (“PROJECT”)
The City and Contractor agree as follows:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
“Contract Documents”:
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 2015 International Building Code (IBC) and 2015 Energy Code Compliance;
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g; and
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 2 of 24
i. City of Port Orchard Development Guidelines.
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 7 days after Notice to Proceed. The Contractor shall substantially complete the Work
not later than September 10, 2021, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $63,773.41 (including applicable sales tax). The construction Contract Sum
shall include all items and services necessary for the proper execution and completion of the
work. The City hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the terms and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and
in the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
9. Title VI
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 3 of 24
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 4 of 24
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
____________________________ ____________________________
Robert Putaansuu, Mayor
By:
Its:
ATTEST/AUTHENTICATE:
______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Charlotte A. Archer, City Attorney
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Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 5 of 24
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ____________________________________ (Corporate Officer (Not Contract Signer))
certify that I am the _________________________________________ (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
_______________________________, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then __________________________ (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
______________________________________
Corp. officer signature (not contract signer)
______________________________________
Printed
______________________________________
Title
State of ____________ )
County of __________ )
_____________________________________, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is _____________________________ (Corporate Title)
of ______________________________ (Name of Corporation)
Subscribed and sworn to before me this _______ day of _____________, 20______
______________________________
Notary Public (Signature)
______________________________
Notary Public (Print)
My commission expires____________
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 6 of 24
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means
the apparent lowest and best responsible bidder to whom an award is made, and “Contractor”
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. “Bidder” means the person, firm or corporation that has made an
offer in response to the invitation to bid. “Work” means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor’s obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled “Insurance Requirements.”
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 7 of 24
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract Documents (“Contract”), when properly signed, will be the only
form that will be recognized by the City as an award. The executed Contract supersedes all
previous communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City’s prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other party (the “Change Notice”);
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identify the agreed method of compensation.
13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
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Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and defend the City against any loss, cost, liability or damage, including reasonable attorney’s
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction determine that this Contract
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and volunteers, the Contractor’s liability
hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY
THE PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS CONTRACT.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty to the
City, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by
the Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services performed by the
Contractor prior to termination.
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19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement
of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
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CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees and subcontractors.
No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:
• Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
• Workers’ Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
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• Employer’s Liability insurance limit of $1,000,000 each accident, Employer’s Liability
Disease each employee $1,000,000 and Employer’s Liability Disease – Policy limit
$1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as respects the City (as applicable to each line of coverage). The
Consultant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-
insurance or insurance pool coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it. If any coverage is written on a “claims made” basis,
then a minimum of three (3) year extended reporting period shall be included with the claims made
policy, and proof of this extended reporting period provided by the City.
Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary
structures, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor’s
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
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insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Consultant shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. The
Contractor shall provide the City and all Additional Insureds for this work with written notice of
any policy cancellation, within two business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days’ notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS –RCW 39.08.010)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
2. In addition, the Contractor elects to (select one):
________(1) Furnish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
________(2) Have the City retain, in lieu of the performance and payment bonds, ten
percent (10%) of the total contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any liens filed under chapter 60.28
RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract, and
shall faithfully perform all the provisions of such Contract and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of the Contract that may hereafter be made, at
the time and in the manner therein specified, and shall pay all laborers, mechanics,
subcontractors, and materialmen, and all persons who shall supply such person or
persons, or subcontractors, with provisions and supplies for the carrying on of such work,
on his or her part, and shall defend, indemnify, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment, then the
funds retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Contractor fulfills the said
obligations.
__________________________________
Contractor Signature, Date____________
Bond No. _______________________________
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE
CONTRACT NO. C057-21
Bond to City of Port Orchard, Washington
Bond No. _____________
We, ___________________________________, and _________________________________________,
(Principal) (Surety)
a _________________________________ Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of
_________________________________________________________ Dollars ($_________________),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the
performance of Principal in connection with a contract dated_____________, 20___, between Principal and
Owner for a project entitled 2021 Stormwater Catch Basin & Pipe Maintenance Contract No. C057-
21 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as
specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and
within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor, equipment, or materials to the Project; and
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on:
(A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal)
to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection
with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is
commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety
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hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond
without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
_______ day of _________________, 20 ___.
________________________________________ _______________________________________
Principal Surety
________________________________________ _______________________________________
Signature of Authorized Official Signature of Authorized Official
________________________________________ By ____________________________________
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared________________________, to
me known to be the (check one of the following boxes):
_______________________ of __________________________________, the
corporation,
_______________________ of __________________________________, the
partnership,
individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said corporation,
partnership, individual for the uses and purposes therein mentioned, and on oath stated that he
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated: ___________________________________
_________________________________________
_____________________________________________
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:____________________________________
My Commission expires: _______________________
Notary Seal with Ink Stamp
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SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
COUNTY OF )
On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared___________________,
to me known to be the _____________________________ of________________________________, the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated: ___________________________________
_________________________________________
_____________________________________________
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:____________________________________
My Commission expires: _______________________
Notary Seal with Ink Stamp
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond)
PROJECT #, PERMIT #, PW2021-020
CONTRACT # C057-21
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name: 2021 Stormwater Catch Basin & Pipe Maintenance
Owner/Developer/Contractor:
Project Address: Various locations throughout City limits
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of the State
of , and authorized to transact surety business in the State of Washington
(hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the
sum of dollars ($ ) 20%
Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and
each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by
these presents. THE CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements on public
property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written
and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or
replace said improvements against defects in workmanship, materials or installation during the twenty-four
(24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but
only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping,
shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and
approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of the project or improvements as accepted by the City during the twenty-four (24) month period after
final and written acceptance, and includes, but is not limited to, repair or replacement of defective
workmanship, materials or installations.
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C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City-owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the
same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall then
have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual
costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the City's
sole election to enter onto said property described above for the
purpose of repairing or maintaining the improvements. This provision shall not be construed
as creating an obligation on the part of the City or its representatives to repair or maintain such
improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing
the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of
any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered
a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable
by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as
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a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this day of , 20__.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By: By
Its Its
Business Name: Business Name:
Business Address: Business Address:
City/State/Zip Code: City/State/Zip Code:
Telephone Number: Telephone Number:
CITY OF PORT ORCHARD
By: Date: _________________________
Its Public Works Director/City Engineer
FORM P-1 / NOTARY
BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the person who
CHECK FOR ATTACHED NOTARY SIGNATURE
____ Individual (Form P-1)
____ Corporation (Form P-2)
____ Surety Company (Form P-2)
Page 101 of 162
City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 21 of 24
appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it
to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires: _______________
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City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 22 of 24
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the _________________________________ of
_________________________________that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: ______________________________
___________________________________
___________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: _____________
(Surety Company)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the _________________________________ of
_________________________________that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: _____________________________
___________________________________
____________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: ______________
Page 103 of 162
City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 23 of 24
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 104 of 162
City of Port Orchard and Olson Brothers Pro-Vac, LLC
Public Works Project No. PW2021-020 Rev 5/1/2020
Small Works Contract No. C057-21
Page 24 of 24
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INVITATION TO BID
CITY OF PORT ORCHARD
2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE
PUBLIC WORKS PROJECT NO. PW2021-020
May 10, 2021
Notice is hereby given that bids will be received for Stormwater Catch Basin and Pipe Maintenance.
Interested parties should email or submit their proposals to:
City of Port Orchard Public Works
RE: ITB – 2021 Stormwater Catch Basin & Pipe Maintenance
216 Prospect Street
Port Orchard, WA 98366
Email: publicworks@cityofportorchard.us
Proposals will be received until 1:00pm May 24, 2021
No proposals will be accepted after the above-stated time. Electronic or faxed bids will not be accepted.
Project Details
Site(s): Various locations throughout City limits
Scope of Work: With oversight from City staff, Contractor shall vactor and clean designated
stormwater structures and/or conduct jetting of pipes. See Schedule of Pricing for detailed
specifications.
• The successful Contractor will use the City’s Decant Facility during this project for the disposal
of vacuumed solids/spoils. The City will directly pay fees associated with using the Facility.
• City will provide water at its own expense. However, a hydrant meter must be used so the
City can track usage. Contractor will place a $2,000 refundable deposit for hydrant meter
following POMC 13.04.010 to be refunded upon completion of work and return of meter.
This project consists of work to be performed within 90 calendar days from contract date and consists of
furnishing all materials, equipment, tools, labor and other work or items incidental theretofore.
The following applies to the proposal:
1. Per RCW39.12.030, this is a prevailing wage contract and workers shall receive the prevailing wage
rate as established by Labor and Industries (L&I).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in the
State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW
39.12.020.
The project site is located in Kitsap County.
Page 112 of 162
The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor’s bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the contract is
executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The prime contractor bid due date is May 24, 2021.
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration
of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified
and that the applicable wage and benefit rates are taken into consideration when preparing their
proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a “Statement of
Intent to Pay Prevailing Wages”. A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages
accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: “I certify
that wages paid under this contract are equal to or greater than the applicable wage rates set
forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the
State of Washington Department of Labor and Industries.”
The selected vendor must submit to the Department of Labor and Industries an “Affidavit of
Wages Paid” and a copy of an approved Affidavit must be submitted at the end of the contract to
the City before the last payment or any retained funds will be released.
The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with
the Department of Labor and Industries shall be at no additional cost to the City. The Director of
the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate,
RCW 39.12.060 and WAC 296-127-060.
Look up the prevailing rates of pay, benefit, and overtime codes from this link:
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the
prevailing wage rates is available for viewing at the City of Port Orchard Department of Public
Works. A hard copy will be mailed upon request.
For prevailing wage questions, contact the Department of Labor & Industries at
PW1@Lni.wa.gov or 360-902-5335.
2. The company will submit the L&I approved Intent to Pay with the invoice. If there is more than
one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last
invoice. We will not accept the invoice without the approved Intent to Pay from L&I.
Page 113 of 162
3. The successful bidder must have a City business license prior to award of contract and must be
an active participant on the MRSC Small Works Roster for the City of Port Orchard. For more
information regarding the MRSC, visit their website at www.mrscrosters.org.
4. A retainage of 5% will be held on all public improvement projects per RCW 60.28.011. The
retainage will be released after the City is provided the Affidavit of Wages Paid and approval of
the Department of Revenue. All expenses associated with the prevailing wage rules are the
responsibility of the contractor.
5. The company is required to have the following liability insurance and list the City of Port Orchard
as a “Named Insured” on the company’s policy.
a. $1,000,000 Property Damage
b. $1,000,000 Bodily Injury
6. A Performance & Payment Bond at 100% of the Contract Value.
7. Contractor Disqualification
A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet
the following responsibility criteria set forth in RCW 39.04.350:
1. Before award of a public works contract, a bidder must meet the following responsibility
criteria to be considered a responsible bidder and qualified to be awarded a public works
project. The bidder must:
a. At the time of bid submittal, have a certificate of registration in compliance with
chapter 18.27 RCW;
b. Have a current state unified business identifier number;
c. If applicable, have industrial insurance coverage for the bidder's employees
working in Washington as required in Title 51 RCW; an employment security
department number as required in Title 50 RCW; and a state excise tax
registration number as required in Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065(3);
e. If bidding on a public works project subject to the apprenticeship utilization
requirements in RCW 39.04.320, not have been found out of compliance by the
Washington state apprenticeship and training council for working apprentices
out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04
RCW for the one-year period immediately preceding the date of the bid
solicitation;
f. Have received training on the requirements related to public works and prevailing
wage under this chapter and chapter 39.12 RCW. The bidder must designate a
person or persons to be trained on these requirements. The training must be
provided by the department of labor and industries or by a training provider
whose curriculum is approved by the department. The department, in
consultation with the prevailing wage advisory committee, must determine the
length of the training. Bidders that have completed three or more public works
projects and have had a valid business license in Washington for three or more
Page 114 of 162
years are exempt from this subsection. The department of labor and industries
must keep records of entities that have satisfied the training requirement or are
exempt and make the records available on its web site. Responsible parties may
rely on the records made available by the department regarding satisfaction of
the training requirement or exemption; and
g. Within the three-year period immediately preceding the date of the bid
solicitation, not have been determined by a final and binding citation and notice
of assessment issued by the department of labor and industries or through a civil
judgment entered by a court of limited or general jurisdiction to have willfully
violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or
49.52 RCW.
2. A bidder may be deemed not responsible and the proposal rejected if:
a. More than one proposal is submitted for the same project from a bidder under
the same or different names;
b. Evidence of collusion exists with any other bidder or potential bidder.
Participants in collusion will be restricted from submitting further bids;
c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder;
d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women’s Business Enterprise utilization;
e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon;
f. The bidder failed to settle bills for labor or materials on past or current contracts;
g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract;
h. The bidder is unable, financially or otherwise, to perform the work; or
i. There are any other reasons deemed proper by the Contracting Agency.
Americans with Disabilities Act (ADA) Information
The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the
Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its
programs and activities. This material can be made available in an alternate format by emailing the Public
Works Department at publicworks@cityofportorchard.us or by calling (360) 876-4991.
Page 115 of 162
Title VI Statement
The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A,
Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that
in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as
defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for
an award.”
Notice is given to all potential bidders that any bid responses may be subject to release under the Public
Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request.
Bidders are advised to mark any records believed to be trade secrets or confidential in nature as
“confidential.” If records marked as “confidential” are found to be responsive to the request for records,
the City may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective
order from a Court. Please be advised, however, that any records deemed responsive to a public records
request may be released at the sole discretion and without notice by the City.
All questions or comments regarding the bid or to schedule a walk thru should be directed to Zack Holt at
zholt@cityofportorchard.us or call 360.876.4991.
The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City reserves the right to reject any and all bids or waive any informality in the bidding and make the award as deemed to be in the best interest of the City.
Submittal Checklist
o Schedule of Contract Prices
o Acknowledgements
o Bidder’s Qualification Form – the Owner reserves the right to check all statements and to judge
the adequacy of the Bidders qualifications
o Non-collusion Declaration
Page 116 of 162
SCHEDULE OF CONTRACT PRICES
2021 STORM DRAINAGE CATCH BASIN & PIPE MAINTENANCE
PW 2021-020
NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found,
the written (words) unit price shall control.
Bidder: ____________________________________________ Date: _____________________
Item No.
Estimated
Quantity SP/STD Description of Item Unit Price Amount
1. 1394 EA Type I Catch Basin Cleaned _____________ _____________
2. 120 EA Type II (48” Dia. Or larger) Catch Basin/Manhole
Cleaned _____________ _____________
3. 5000 LF Pipe Jetting _____________ _____________
SUBTOTAL: $_______________________________
SALES TAX (9%) $_______________________________
TOTAL BID: $_______________________________
SALES TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount.
The lowest responsible bidder who is awarded the contract will decant at the City owned decant
facility for this project.
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ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE
PUBLIC WORKS PROJECT NO. PW2021-020
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents:
________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt
________________ ________________ ________________ ________________ Addendum No. Date of Receipt Addendum No. Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
“I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”
Signature:
Date:
Printed Name and Title:
Location or Place Executed (City, State):
Business Address:
Business Telephone:
NOTES: If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below.
Page 118 of 162
STATE OF )
)ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that ______________________ signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the ______________________ (title) of ______________________________________ (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal.
Dated this ______ day of ________________, 20____.
_______________________________________
Notary Public
_______________________________________
Printed Name
My Commission Expires: __________________
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BIDDER’S QUALIFICATION FORM CITY OF PORT ORCHARD 2021 STORMWATER CATCH BASIN & PIPE MAINTENANCE
1. Name of Contractor: ________________________________________________________________
Address: __________________________________________________________________________
2. Telephone No.(______) ______________________ Fax No.: (______)_________________________
3. Washington State Dept. of Labor and Industries Worker’s Compensation Account No.: ___________
4. Washington State Dept. of Licensing Contractor’s Registration No. ______________________
Expiration Date: _________________
5. Washington State Uniform Business Identifier No. ________________________________________
(Must have UBI number before the contract is awarded.)
6. Number of years engaged in contracting business under above name: ______________________
7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27
RCW? __________________________
8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title
51 RCW? ___________________________
9. Does the contractor have an employment security department number as required in Title 50 RCW?
(provide number): ________________________
10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number):
______________________________
11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)?
_________________________
12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters
39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f)?______________________
13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined
by a final and binding citation and notice of assessment issued by the department of labor and industries or through a
civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW
49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? _____________________
14. Has the contractor violated the “Off-site Prefabricated Non-Standard Project Specific Items” reporting requirements
more than one time as determined by the department of labor and industries? _________
15. Particular types of construction performed by your company:
Page 120 of 162
16. Gross amount of contracts now on hand: $
17. List similar recent construction projects that your firm has done in the last 5 years:
Amount Type Owner’s Name Phone
18. What is the construction experience of the principal individuals to be assigned to this project?
Name Title
Years of
Construction
Experience Availability
Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors
and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant
condition for verification requirement.
NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be
rejected by the City.
By: _______________________________________
(Authorized Signature)
Title:_______________________________________
Date: _______________________________________
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NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the
following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of
this declaration.
By: _______________________________________
(Authorized Signature)
Title: _______________________________________
Page 122 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E Meeting Date:
June 8, 2021
Subject: Approval of Amendment No. 1 to Contract Prepared by: Mark Dorsey, P.E.
No. 029-21 with Skillings, Inc. for the Bethel Public Works Director
& Lincoln Intersection Roundabout Project Atty Routing No.: 366922.009 - PW
Atty Review Date: May 31, 2021
Summary: On February 9, 2021, by Resolution No. 014-21, the Port Orchard Council approved Contract
No. C029-21 for the architectural and engineering design services for the Bethel & Lincoln Intersection
Roundabout Project with Skillings, Inc. At the April 27, 2021 Transportation Committee and the
subsequent May 11, 2021 Regular Meeting, Skillings having prepared the ideal design for the Bethel &
Lincoln Intersection Roundabout, presented the current status of the Project, which included four (4)
Mitchell Avenue Alternatives for further discussion. Based upon those presentations and subsequent
direction given to staff by the Council during those meetings, Skillings has prepared an amendment to
the underlying agreement, titled Supplemental Agreement No. 1. This amendment adds the design of an
Alternative No. 1 – Compact Roundabout at the Lincoln & Mitchell Intersection and Turnaround at the
Mitchell ‘Y’ Intersection in the amount of $196,900. Please note, it is the intention of staff to advertise
this additional Work as an Add Alternate to the Base Bid for the Project and “if” the City is successful in
securing the needed $1.1M from the Transportation Improvement Board’s 2021 Urban Arterial Program
to construct the compact roundabout, the Add Alternate will be included within the Project Award.
Relationship to Comprehensive Plan: Chapter 8 – Transportation (included as a portion of Tier 2 TIP
2.04 Bethel Corridor Phase 5A Project).
Recommendation: Staff recommends authorizing the Mayor to execute Supplemental Agreement No. 1
to Contract No. C029-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project in
the additional amount of $196,900, bringing the Total Contract value to $734,354.
Motion for Consideration: I move to authorize the Mayor to execute an amendment to Contract No.
C029-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project, in the additional
amount of $196,900, bringing the Total Contract value to $734,354.
Fiscal Impact: $1.5M HSIP Grant awarded, $1.3M of local Transportation Impact Fee budgeted and
$200K from the 2022-2041 TIP No. 1.5 - Old Clifton 60% Road Design.
Attachments: Supplemental Agreement No. 1 to Contract No. C029-21 (dated 5/19/2021), and
Authorization for Supplemental Agreement No. 1.
Page 123 of 162
Skillings Connolly, Inc. Page 1 of 21 Project No. 20155
Supplemental Agreement No. 1
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Supplemental Agreement Number
1
Organization and Address
Skillings, Inc.
5016 Lacey Blvd. SE
Lacey, WA 98516
360.491.3399
Federal Aid Number
Project Number
C029‐21
Completion Date
June 30, 2022
Project Title
Bethel & Lincoln Intersection Roundabout Design &
Right‐of‐Way Phase
Maximum Amount Payable
$734,354.00
Description of Work
Add Mini Roundabout at Intersection of SE Lincoln Ave and Mitchell Rd SE
The Local Agency of City of Port Orchard desires to supplement the agreement entered into with Skillings, Inc. and
executed on February 4, 2021 and identified as Project No. C029‐21.
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:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
See Exhibit A, and by this reference is made part of this Agreement.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, remains unchanged at June 30, 2022.
III
Section V, PAYMENT, shall be amended as follows:
Original Agreement $537,454.00
Supplemental Agreement No. 1 196,900.00
New Maximum Billable Amount Payable $734,354.00
as set forth in the attached Exhibit D‐1 through D‐3, 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: Skillings, Inc. By: City of Port Orchard
______________________________________ _______________________________________
Consultant Signature Approving Authority Signature
______________________________________ _______________________________________
Date Date
Page 124 of 162
Skillings, Inc. Page 2 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
EXHIBIT A
SCOPE OF WORK
Prepared for:
CITY OF PORT ORCHARD
BETHEL & LINCOLN ROUNDABOUT
SUPPLEMENT NO. 1 MITCHELL MINI ROUNDABOUT
May 18, 2021
INTRODUCTION
The following Scope of Work delineates a supplement to the original agreement between Skillings, Inc.
(Consultant) and the City of Port Orchard (City). The supplement will consist of:
Engineering design of a new mini roundabout at the intersection of SE Lincoln Ave and Mitchell Rd
SE.
Revising the original contract by replacing the last bullet under Assumptions for Task 500.1 Utilities
Coordination with the following bullet: “City will provide Vactor truck, traffic control, flaggers, and
restoration of potholes. Consultant will arrange for an observer to be present during potholing.”
This will delete the work by APS on the contract.
The additional work effort will be in addition to the work required for the original agreement (with the
exception of potholing by the City) and will include but is not limited to public outreach, survey work,
design and PS&E, right‐of‐way services, environmental documentation and permitting assistance, and
storm water mitigation. The City intends to apply for a Transportation Improvement Board (TIB) grant to
fund the construction of the mini roundabout.
Project Assumptions:
Construction scope and fee will be provided under a LAG agreement.
The level of effort for a given work element is limited to the amount of labor and expenses shown
in the agreement.
Out‐of‐scope services beyond these limits may be considered as Extra Work. Consultant will notify
the City of out‐of‐scope services prior to starting the work.
This is a negotiated hourly rate contract with a not to exceed maximum.
The level of effort for various tasks are estimates and may vary. The contract will be managed to
the contract maximum, not the task level budgets.
The Consultant will perform services set forth in this Scope of Work on behalf of the City of Port Orchard
and in compliance with the standards and requirements set forth in the following procedures, regulations
and most current (at the time of execution of this agreement) adopted manuals which by reference, are
made a part of this Agreement.
Current (as of the date of execution of the agreement) versions of the following publications and
manuals will be applicable:
Washington State Department of Transportation/American Public Works Association (WSDOT),
Standard Specifications for Road, Bridge, and Municipal Construction (M41‐ 10), 2018 edition, as Amended.
Local Agency General Special Provisions
WSDOT/APWA, Standard Plans for Road, Bridge, and Municipal Construction, (M21‐01)
WSDOT Materials Laboratory Outline
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Skillings, Inc. Page 3 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
WSDOT Construction Manual
WSDOT Local Agency Guidelines (LAG) Manual including the City and County Design Standards
WSDOT Design Manual (M22‐01
WSDOT Hydraulics Manual (M23‐03)
WSDOT Highway Runoff Manual (M31‐16)
WSDOT Right of Way Manual
WSDOT General Special Provisions
WSDOT Traffic Manual (M51‐02)
WSDOT Plans Preparation Manual
AASHTO (A Policy on Geometric Design of Highways and Streets)
City of Port Orchard’s Public Works Engineering Standards & Specifications
MUTCD as Revised by Washington State
Task 100 Project Administration and Management
This task consists of Design Consultant management of staff and Subconsultants, invoices and progress
reporting, progress meetings, and internal staff team progress meetings for the mini roundabout design
contract work effort.
Assumptions:
Duration of the contract work effort is estimated to be no more than 7 months.
Tasks:
1. Update Management Plan.
2. Update project schedule.
Task 200 Surveying Services:
Introduction
A proposed mini Roundabout project is being added to the project at the intersection of Lincoln and
Mitchell.
Project Assumptions:
Utility locates will be provided by Washington Utility Notification Center.
Utility potholes locations will be surveyed.
Task Description:
1. Utility potholes locations will be surveyed:
a. Coordinate traffic control.
b. Field Topographic Survey of utility potholes in vicinity of Lincoln and Mitchell intersection
c. Update topographic survey map based on field edits.
Deliverables:
Update Topographic survey map signed by PLS.
Update AutoCAD file of topographic survey.
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Skillings, Inc. Page 4 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Task 300 Environmental Document and Permit Applications
This project is required to comply with LAG and FHWA requirements as the construction phase is federally
funded.
Environmental Task Assumptions:
The APE will include at a minimum all areas being surveyed.
Ground disturbing activities, including geotechnical investigation and cultural resource investigation
cannot begin until the APE has been approved.
Tierra ROW will complete a Section 106 cultural and historical resources report.
The Section 106 Report will be submitted with the NEPA Categorical Exclusion Document.
Proposed road re‐alignment will not impact a stream. Application for a Hydraulic Project Approval
(HPA) from the Washington State Department of Fish and Wildlife (WDFW) is not anticipated and is
not included in this Scope of Work.
Task 300.1 Additional Environmental Documentation for Mini Roundabout
Consultant will prepare additional environmental documentation in support of the mini roundabout design
contract work effort.
Assumptions:
Wetland boundaries will be flagged with flagging tape and or staking and labeled for future survey
identification.
The wetland rating will establish the type and category of all identified wetlands. The rating will be
used to define regulated buffer widths, as defined in City of Port Orchard Municipal Code
(POMC) 20.162.
The Wetland Delineation Report will meet the requirements of POMC 20.162.096.
Kitsap County Stream mapping indicates that this is a headwater wetland to a fish‐bearing stream.
City of Port Orchard considers the stream to be a Fish and Wildlife Conservation Area (FWHCA).
POMC 20.162.070 does not require preparation of a Special Report for FWHCA. If the stream
channel is identified within the project limits, the stream characteristics will be described in the
Wetland Delineation Report.
The Wetland Delineation Report will include delineation of any wetlands identified at the proposed
mitigation site. This will be required to show areas of enhancement or creation as part of
mitigation plan.
Task Description:
1. Revise mitigation plan exhibits.
2. Revise JARPA application exhibits.
3. Revise SEPA checklist.
4. Revise Biological Assessment.
5. Revise NEPA Categorical Exclusion document.
Deliverables:
Updated Wetland Mitigation Plan.
Updated JARPA application.
Updated SEPA Checklist.
Completed Biological Assessment.
NEPA Categorical Exclusion Document.
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Skillings, Inc. Page 5 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Task 500 Design
500.1 Utilities Coordination
This task consists of the Consultant providing additional support for utility coordination and relocation
efforts for the mini roundabout.
Assumptions:
Consultant will coordinate with the utilities within the project limits. The following are anticipated
utilities:
o City water and sewer
o West Sound water and sewer
o Natural Gas
o Overhead electrical transmission and distribution
o Overhead telephone
o Overhead cable
Undergrounding of overhead utilities are not anticipated. One or more of transmission line poles
may need to be relocated.
Consultant will call the One‐call service. One‐call services will locate the underground utilities. A
utility locate vendor may be required for utility locates on private property.
City will provide available utility as‐built plans to the Consultant.
City will provide utility contact information for each utility.
Utility companies will provide as‐built plans.
Pot‐holing of underground utilities will be performed by City. City will provide vactor truck, traffic
control, flaggers, and restoration of potholes. Consultant will arrange for an observer to be present
during potholing.
Tasks:
1. Review As‐Builts and enter information into AutoCAD.
2. Review utility location information and assess potential impacts.
3. Conduct and coordinate utility locates and potholing.
4. Review utility locates and pothole information and add to the design base map.
5. Contact utility companies to verify utility locations and depths.
6. Review the concept designs and provide feedback on conflicts with utilities.
Deliverables
Utility Coordination Site visit agenda
Utility Coordination meeting notes
Utility Pothole Information Sheets
500.2 15% Conceptual Design
Consultant will contract with TSI (Transportation Solutions, Inc), the Subconsultant, to develop the initial
geometric options for the mini roundabout configuration. This design will become the basis for the PS&E
development.
This task consists of review and coordination with TSI.
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Skillings, Inc. Page 6 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Tasks:
1. Review Mitchell Rd roundabout configurations by TSI.
2. Provide feedback and comments on configurations to TSI.
Deliverables:
Redline comments on configurations to TSI.
Task 500.3 – 30% Plans
This task consists of the preparation of 30% design level plans for the mini roundabout, building upon the
geometric design layout completed under Task 500.1. Evaluation of pedestrian access, ADA compliance,
and driveway access will be completed will additional accuracy. Preliminary design will include evaluation of
the storm drainage needs to include a preliminary layout. Illumination layouts will be completed by
Subconsultant TSI. Task will include preparation of a preliminary cost estimate with contingency. Grading
efforts will include preliminary centerline vertical profiles and grading checks for tie‐in to existing ground at
project limits, fine grading will not be completed under this task.
Assumptions:
Consultant will maintain a design diary documenting approaches, problems, decisions, and actions.
Diary will be maintained continuously throughout the project.
The quantity calculations notebook will be preliminary and will not be sufficient for the final
construction cost estimate.
Preliminary Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit
Bid Price format.
Construction details will not be completed at the 30% level.
Stormwater design requirements will follow the 2019 edition of the Stormwater Management
Manual for Western Washington (SWMMWW).
Runoff treatment shall consist of emerging technology that has received General Use Level
Designation (GULD) through the Department of Ecology’s Technology Assessment Protocol –
Ecology (TAPE).
Flow control and quantitative downstream analysis will not be required.
Treatment modelling will use WWHM2012, conveyance calculations will use Autodesk SSA 2018
and Bentley FlowMaster.
Existing sewer and water mains can remain in place and accommodate the new roadway
improvements.
No contaminated soil is anticipated at the site.
Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln
Roundabout plan set.
Tasks:
1. Update Basis of Design Notebook.
2. Prepare preliminary stormwater/water quality design for mini roundabout:
a. Determine project limits and assess threshold discharge areas (TDA).
b. Determine area totals for existing pervious and impervious areas, new and replaced surfaces.
c. Assess applicability of overall Minimum Requirements and individual thresholds for LID, water
quality, and flow control.
d. Select and implement preliminary design of BMPs for LID, water quality, and flow control.
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Skillings, Inc. Page 7 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
e. Determine design storm for conveyance calculations and sizing.
f. Document findings in preliminary stormwater report.
g. Prepare design markups for preliminary stormwater plans.
3. Assess details of pedestrian access routes, ADA compliance, and driveway access locations.
4. Prepare preliminary plans as noted below.
5. Prepare preliminary Quantities Notebook.
6. Prepare 30% Engineer’s Estimate of Probable Cost to Construct.
7. Coordinate preparation of Right‐of‐Way Plans.
8. Assess potential Right‐of‐Way impacts. Assume preparation of preliminary Right of Way exhibits (2
exhibits for 2 properties).
9. Provide internal QA and QC and project coordination.
10. Subconsultant TSI will provide illumination plans and peer review. Comments to be addressed.
11. Plan Submittal: The Consultant will submit the following anticipated additional plan sheets for the
mini roundabout:
Plan Sheet 30%
Submittal
100%
Submittal
Horizontal Control Plan 1 1
Right‐of‐Way Plan (completed under Task 200.5) 1
TESC Plans & Details 7
Demolition Plans 5
Plan and Profile Sheets 5 5
Roadway Sections 2
Roadway Details 2
Roundabout Design Layout 1 1
Roundabout Curb Return Profiles 2
Roundabout Grading Plan 2 1
Crosswalk/Splitter Island Details 2
Roundabout Details 2
Stormwater Plan and Profile Sheets 5 5
Structure Notes Sheet 1
Stormwater Details 1
Miscellaneous Details 2
Illumination Plans 1 2
Illumination Details 1
Signing Plans 3 3
Signing Specifications 1
Signing Details 1
Pavement Marking Plan 3 3
Pavement Marking Details 1
Construction Sequencing and Temporary Traffic
Control Plans
5
Traffic Control Detour Plan 2
Deliverables:
Draft Basis of Design Notebook.
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Skillings, Inc. Page 8 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Preliminary Stormwater Report
One (1) electronic set of 30% PS&E to City for review.
Preliminary Engineer’s Estimate of Probable Cost to Construct
Exhibits showing required Right‐of‐Way and construction easement required to construct the
project. Assumes up to 2 exhibits.
Task 500.4 – 100% PS&E
This task consists of addressing City 30% comments and advancing PS&E to a 100% level of design for the
mini roundabout.
Assumptions:
City has reviewed the 30% PS&E and have provided direction to the Consultant.
City will provide one set of consolidated comments for the 30% PS&E.
Consultant will maintain a design diary documenting approaches, problems, decisions, and actions.
Diary will be maintained continuously throughout the project.
Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price
format.
Special provisions will be prepared utilizing WSDOT specifications format.
City will provide their “boiler plate” format for contract bid package.
Draft Contract Bid Package to contain placeholder items. Depending on when the project is
advertised for construction, the documents may require updating to include the latest information
just prior to advertising.
Contractor will apply and submit for the Notice of Intent (NOI) for coverage under Construction
Stormwater General Permit (CSWGP) via Ecology’s NOI process using the on‐line application portal.
Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln
Roundabout plan set.
Tasks:
1. Phone conference with the City to discuss 30% PS&E and comments.
2. Incorporate 30% PS&E comments.
3. Prepare final stormwater drainage report:
a. Update stormwater drainage report to include changes made for the 100% PS&E.
4. Prepare 100% level of plans.
5. Update Quantities Notebook.
6. Prepare 100% Engineer’s Estimate of Probable Costs to Construct.
7. Prepare Draft Contract Bid Package:
a. GSPs and Special Provisions.
8. Complete Basis of Design Notebook.
9. Constructability review by our construction inspectors.
10. Provide internal QA and QC and project coordination.
11. Subconsultant TSI will provide illumination plans and peer review. Comments will be addressed.
12. Plan Submittal: The Consultant will submit the following anticipated additional plan sheets for the
mini roundabout:
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Skillings, Inc. Page 9 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Plan Sheet 100%
Submittal
Horizontal Control Plan 1
Right‐of‐Way Plan (Completed under Task 40) 1
TESC Plans & Details 7
Demolition Plans 5
Plan and Profile Sheets 5
Roadway Sections 2
Roadway Details 2
Roundabout Design Layout 1
Roundabout Curb Return Profiles 2
Roundabout Grading Plan 1
Crosswalk/Splitter Island Details 2
Roundabout Details 2
Stormwater Plan and Profile Sheets 5
Structure Notes Sheet 1
Stormwater Details 1
Miscellaneous Details 2
Illumination Plans 2
Illumination Details 1
Signing Plans 3
Signing Specifications 1
Signing Details 1
Pavement Marking Plan 3
Pavement Marking Details 1
Construction Sequencing and Temporary Traffic
Control Plans
5
Traffic Control Detour Plan 2
Deliverables:
Final Basis of Design Memo
Draft Contract Bid Package
Final Stormwater Drainage Report
Complete General Stormwater Construction Permit coverage application
One (1) electronic set of 100% PS&E to City and WSDOT for review.
Final Quantity calculation notebook
Task 500.5 – Complete Bid Set
This task consists of addressing City and WSDOT’s 100% comments and preparing a Complete Bid Set for
the mini roundabout.
Assumptions:
WSDOT will provide comments on the 100% PS&E.
City will provide one set of comments on the 100% PS&E.
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Skillings, Inc. Page 10 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
ROW lines will be delineated on the construction drawings.
Consultant will supply the bid proposal form for the bid package.
Consultant will provide only one update to any portion of the Complete Bid Set.
An Engineer’s Estimate for the Probable Cost to Construct will be prepared that lists all of the
project bid items, showing contract item number, unit of measurement, estimated unit price,
estimated quantity, and total estimated cost for each.
o The total project cost will be shown on this estimate.
o This estimate will be used as the basis of review for the lowest responsive responsible bidder.
Plan sheets for the mini roundabout will be included as part of the overall Bethell & Lincoln
Roundabout plan set.
Tasks:
1. Phone conference with City to discuss 100% PS&E comments from City and WSDOT.
2. Incorporate 100% PS&E comments.
3. Prepare Complete Bid Set.
4. Complete Contract Bid Package:
a. Special Provisions.
5. Update Engineer’s Estimate of Probable Costs to Construct.
6. Submit package to City and WSDOT for their review and approval as necessary:
a. Complete Bid Set.
b. Environmental clearance.
7. Review City comments on Complete Bid Set.
8. Make minor adjustments to Complete Bid Set as reviewed by the City up to one time.
Deliverables:
Final Basis of Design Notebook
Final Contract Bid Package
Final and signed 100% PS&E
1. One (1) electronic set of 100% PS&E to City.
2. All documents will be submitted as pdf’s, Cad Files, Word Files (.docx), and Estimate in Excel.
Environmental Commitment file
Final Quantity calculation notebook
Task 500.6 – Bid Support Services
Consultant will assist the City through the bidding and award process. The mini roundabout is anticipated to
be an additive bid.
Assumptions:
The City will:
Host the bid opening.
Advertise the project.
The Consultant will:
Prepare Bid Documents for the mini roundabout as a bid additive.
Provide Bid Documents and addenda to Builders Exchange for distribution.
Provide support to City in responding to bidder’s questions.
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Bethel & Lincoln Intersection Roundabout
Prepare addenda up to the level of effort as shown in the fee estimate.
Prepare and review Bid Tabulation for bid additive.
Tasks:
1. Consultant will provide assistance through bidding and award. This work is expected to include:
a. Prepare Bid Documents for the mini roundabout as a bid additive.
b. Provide Bid Documents and addenda to Builders Exchange for distribution.
c. Responding to bidder’s questions.
d. Prepare addenda up to the level of effort as shown in the fee estimate.
e. Prepare and review Bid Tabulation for bid additive.
Subconsultant Scopes of Work
Mini Roundabout Traffic and Geometric Design Services will be provided by
Transportation Solutions, Inc.
Task 100 – Mini Roundabout Traffic and Geometric Design Services
CONSULTANT will contract with TSI (Transportation Solutions, Inc), the SUBCONSULTANT, to provide traffic
analysis, modeling, and geometric design services for the mini roundabout. This effort will include project
management, traffic analysis, and geometric design support for the roundabout at conceptual, 30%, 100%,
and Complete Bid Set design levels.
TASK 1.0 PROJECT MANAGEMENT
Project management will be on‐going during the course of the project. SUBCONSULTANT’s project manager
will maintain regular communication with the CONSULTANT’s project manager. SUBCONSULTANT will
monitor the project’s scope, schedule, and budget, will coordinate and communicate status reports, and
other similar project management tasks.
SUBCONSULTANT will provide monthly progress reports and invoices in accordance with the
CONSULTANT’s and/or City of Port Orchard procedures.
SUBCONSULTANT will coordinate the first invoice so that the format is acceptable to the CONSULTANT
and/or CITY. Each progress report and invoice package will include the SUBCONSULTANT invoice showing
all labor and direct expenses included for the period, the monthly progress report, and full documentation
of labor hours and direct expenses charged for the period. Project closeout will occur at the end the
project. SUBCONSULTANT shall deliver all documents in agreed to electronic formats. SUBCONSULTANT
shall prepare a final closeout progress report and final invoices.
Quality control and quality assurance reviews will occur prior to submittal of major deliverables. This
Conceptual Design, 30% plan review and illumination plans, 100 % plan review and illumination plans, and
Bid Ready plan review and illumination plans.
Assumptions
• The invoice format for this project will be one that is acceptable to the City.
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Skillings, Inc. Page 12 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
• SUBCONSULTANT invoicing period starts on the 16th of the month and ends on the 15th of the
following month.
• Progress Report and Invoice packages will be prepared monthly.
Deliverables
• Monthly Progress Report and Invoice Packages
• Periodic Project Schedule update as agreed to between the CITY and CONSULTANT.
TASK 2.0 CONCEPTUAL DESIGN
SUBCONSULTANT shall prepare conceptual design for the Lincoln and Mitchell mini roundabout based upon
design team and stakeholder feedback, using common practices, and engineering judgement.
SUBCONULTANT shall refine Lincoln/Mitchell Road mini roundabout configurations and develop 2D
geometry for the mini roundabout.
Deliverables:
• SUBCONSULTANT will develop 2D geometry of one roundabout configuration in sufficient detail for
the CONSULTANT to develop the 30% plans for SUBCONSULTANT review.
TASK 3.0 30% PLANS
SUBCONSULTANT shall review the 30% mini roundabout design prepared by the CONSULTANT for the
following elements of the roundabout and prepare a memorandum of findings to be submitted to the
CONSULTANT:
Geometric Design and WSDOT R‐values.
Accommodation of appropriate design vehicles
Traffic islands, curbs, mountable curbs, and traffic calming components
Roundabout related details
SUBCONSULTANT shall develop 30% illumination plans for the mini roundabout including:
AGI32 illumination calculations
Fixture, pole, pole foundation selection and layout
Conduit and j‐box layout
Electrical service location
Assumptions:
CONSULTANT shall provide pdf and AutoCAD files of 30% Design.
Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &
Lincoln Roundabout plan set.
Deliverables:
• SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT.
• SUBCONSULTANT will be available by phone to discuss the memorandum of findings.
• SUBCONSULTANT shall provide 30% illumination plans in CAD and PDF format
• SUBCONSULTANT shall provide illumination calculations in PDF format.
TASK 4.0 100% PLANS
SUBCONSULTANT shall review the 100% roundabout design prepared by the CONSULTANT for the following
elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:
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Skillings, Inc. Page 13 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
Traffic islands, curbs, mountable curbs, and traffic calming components
Grades
Non‐motorized accommodations
Roundabout related details
SUBCONSULTANT shall develop 100% illumination plans for the mini roundabout including
AGI32 illumination calculation revisions
100% illumination plans
100% Illumination specifications
100% Illumination estimate
Assumptions:
CONSULTANT shall provide pdf and AutoCAD files of 100% Design.
Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &
Lincoln Roundabout plan set.
Deliverables:
• SUBCONSULTANT shall provide a memorandum of review findings to the CONSULTANT.
• SUBCONSULTANT will be available by phone to discuss the memorandum of findings.
• SUBCONSULTANT shall provide 100% illumination plans, specifications, and estimates in CAD and
PDF format
TASK 5.0 COMPLETE BID SET
SUBCONSULTANT shall review the complete Bid Set prepared by the CONSULTANT for the following
elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:
Traffic islands, curbs, mountable curbs, and traffic calming components
Grades
Non‐motorized accommodations
Roundabout related details
SUBCONSULTANT shall develop Complete Bid Ready illumination plans, Specifications and estimates for the
mini roundabout, including:
AGI32 illumination calculation revisions
Bid Ready illumination plans
Bid Ready Illumination specifications
Bid Ready Illumination estimate
Assumptions:
CONSULTANT shall provide pdf and AutoCAD files of the Compete Bid Set.
Illumination plan sheets for the mini roundabout will be included as part of the overall Bethell &
Lincoln Roundabout plan set.
Deliverables:
• SUBCONSULTANT shall provide a memorandum of review findings to the CONSULTANT.
• SUBCONSULTANT will be available by phone to discuss the memorandum of findings.
• SUBCONSULTANT shall provide Bid Ready illumination plans, specifications, and estimates in CAD
and PDF format
END SCOPE OF WORK
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City of Port Orchard
Bethel & Lincoln Intersection Roundabout
EXHIBIT B‐1
CONSULTANT COST COMPUTATION – MAN‐HOURS
PROJECT NO. 20155
CITY OF PORT ORCHARD
BETHEL AND LINCOLN ROUNDABOUT
SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT
PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK
# TASK DESCRIPTION
100 PROJECT ADMINISTRATION AND
MANAGEMENT
1 Update Management Plan. 6
2 Update project schedule. 4
200 SURVEYING SERVICES
1 Utility potholes locations will be surveyed:
a Coordinate traffic control. 4
b
Field Topographic Survey of utility potholes
in vicinity of Lincoln and Mitchell
intersection
10
c Update topographic survey map based on
field edits. 2 9
300 ENVIRONMENTAL DOCUMENTS AND
PERMIT APPLICATIONS
1 Additional Environmental Documentation
for Mini Roundabout
1 Revise mitigation plan exhibits. 1 4
2 Revise JARPA application exhibits. 2 2 4 4
3 Revise SEPA checklist. 2 4
4 Revise Biological Assessment. 4 9
5 Revise NEPA Categorical Exclusion
document. 2 4 9
500 Design
1 Utilities Coordination
2 Review As‐Builts and enter information into
AutoCAD. 4 8 8
3 Review utility location information and
assess potential impacts. 4 8
4 Conduct and coordinate utility locates and
potholing. 2 28
5
Review utility locates and pothole
information and add to the design base
map.
4 16
6 Contact utility companies to verify utility
locations and depths. 2
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Skillings, Inc. Page 15 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
PROJECT NO. 20155
CITY OF PORT ORCHARD
BETHEL AND LINCOLN ROUNDABOUT
SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT
PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK
# TASK DESCRIPTION
7 Review the concept designs and provide
feedback on conflicts with utilities. 4 4 8
2 15% Conceptual Design
1 Review Mitchell Rd roundabout
configurations by TSI. 2 4
3 Provide feedback and comments on
configurations to TSI. 2 4
3 30% Plans
2 Update Basis of Design Notebook. 1 2 4
3 Prepare preliminary stormwater/water
quality design for mini roundabout:
a Determine project limits and assess
threshold discharge areas (TDA). 1 2
b
Determine area totals for existing pervious
and impervious areas, new and replaced
surfaces.
1 4
c
Assess applicability of overall Minimum
Requirements and individual thresholds for
LID, water quality, and flow control.
2 2
d
Select and implement preliminary design of
BMPs for LID, water quality, and flow
control.
2 4
e Determine design storm for conveyance
calculations and sizing. 2
f Document findings in preliminary
stormwater report. 2 4
g Prepare design markups for preliminary
stormwater plans. 2 8
4
Assess details of pedestrian access routes,
ADA compliance, and driveway access
locations.
2 8
5 Prepare preliminary plans as noted below. 8 20 40 40
6 Prepare preliminary Quantities Notebook. 2 8
7 Prepare 30% Engineer’s Estimate of
Probable Cost to Construct. 1 2 8
8 Coordinate preparation of Right‐of‐Way
Plans. 1
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Skillings, Inc. Page 16 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
PROJECT NO. 20155
CITY OF PORT ORCHARD
BETHEL AND LINCOLN ROUNDABOUT
SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT
PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK
# TASK DESCRIPTION
9
Assess potential Right‐of‐Way impacts.
Assume preparation of preliminary Right of
Way exhibits (2 exhibits for 2 properties).
2 2 4
10 Provide internal QA and QC and project
coordination. 2 8
11
Subconsultant TSI will provide illumination
plans and peer review. Comments to be
addressed.
1 2 4 4
12
Plan Submittal: The Consultant will submit
the following anticipated additional plan
sheets for the mini roundabout.
1 2 2
4 100% PS&E
1 Phone conference with the City to discuss
30% PS&E and comments. 2 2
2 Incorporate 30% PS&E comments. 2 4 16 16
3 Prepare final stormwater drainage report:
a Update stormwater drainage report to
include changes made for the 100% PS&E. 2 8
4 Prepare 100% level of plans. 16 40 160 160
5 Update Quantities Notebook. 2 8
6 Prepare 100% Engineer’s Estimate of
Probable Costs to Construct. 6 16
7 Prepare Draft Contract Bid Package:
a GSPs and Special Provisions. 4 24
8 Complete Basis of Design Notebook. 1 2 4
9 Constructability review by our construction
inspectors. 8 16
10 Provide internal QA and QC and project
coordination. 4 16
11
Subconsultant TSI will provide illumination
plans and peer review. Comments will be
addressed.
4 4
12 Plan Submittal: The Consultant will submit
the following anticipated plan sheets. 1 2 2
5 Complete Bid Set
1 Phone conference with City to discuss 100%
PS&E comments from City and WSDOT. 2 2
2 Incorporate 100% PS&E comments. 2 2 4 4
3 Prepare Complete Bid Set. 2 4 4 8 8
Page 139 of 162
Skillings, Inc. Page 17 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
PROJECT NO. 20155
CITY OF PORT ORCHARD
BETHEL AND LINCOLN ROUNDABOUT
SUPPLEMENT 1 MITCHELL MINI ROUNDABOUT
PRINCIPAL‐IN‐CHARGE SENIOR PROJECT MANAGER PROJECT ENGINEER ENGINEER ENVIRONMENTAL MANAGER PROJECT SCIENTIST STAFF SCIENTIST TECHNICIAN SURVEY MANAGER SURVEYOR SURVEY DRAFTER INSPECTOR TASK
# TASK DESCRIPTION
4 Complete Contract Bid Package: 4
a Special Provisions. 1 4 8
5 Update Engineer’s Estimate of Probable
Costs to Construct. 1 2 4
6 Submit package to City and WSDOT for their
review and approval as necessary:
a Complete Bid Set. 1 2 2 2
b Environmental clearance. 1 2
7 Review City comments on Complete Bid Set. 2 4 4
8 Make minor adjustments to Complete Bid
Set as reviewed by the City up to one time. 1 4 8 8
6 Bid Support Services
1
Consultant will provide assistance through
bidding and award. This work is expected to
include:
a Prepare Bid Documents for the mini
roundabout as a bid additive. 1
b Provide Bid Documents and addenda to
Builders Exchange for Distribution. 1
c Responding to bidder’s questions. 1 4
d Prepare addenda up to the level of effort as
shown in the fee estimate. 1 4 4 4
e Prepare and review Bid Tabulation. 1 1
HOURS PER DISCIPLINE 8 109 177 440 13 9 21 278 2 14 9 16
Page 140 of 162
Skillings, Inc. Page 18 of 21 Project No. 20155
City of Port Orchard
Bethel & Lincoln Intersection Roundabout
EXHIBIT B‐2
CONSULTANT COST COMPUTATION – SUMMARY
NEGOTIATED HOURLY RATE (NHR):
Classification Man Hours x Rate = Cost
PRINCIPAL‐IN‐CHARGE 8 x $265.00 = $2,120.00
SENIOR PROJECT MANAGER 109 x $256.00 = $27,904.00
PROJECT ENGINEER 177 x $217.00 = $38,409.00
ENGINEER 440 x $145.00 = $63,800.00
ENVIRONMENTAL MANAGER 13 x $152.00 = $1,976.00
PROJECT SCIENTIST 9 x $115.00 = $1,035.00
STAFF SCIENTIST 21 x $101.00 = $2,121.00
TECHNICIAN 278 x $121.00 = $33,638.00
SURVEY MANAGER 2 x $204.00 = $408.00
SURVEYOR 14 x $135.00 = $1,890.00
SURVEY DRAFTER 9 x $81.00 = $729.00
INSPECTOR 16 x $131.00 = $2,096.00
Total Hours = 1096 Total NHR = $176,126.00
REIMBURSABLES:
Mileage 0 x $0.560 = $0.00
Miscellaneous Expenses $0.00 x 0% = $0.00
Total Expenses= $0.00
SUBCONSULTANT COST (See Exhibit E):
Aspect $0.00 x 0% = $0.00
TSI $33,087.00 x 0% = $33,087.00
Tierra Row $0.00 x 0% = $0.00
Tierra Cutural Resources $0.00 x 0% = $0.00
APS, Inc. $0.00 x 0% = $0.00
Total Subconsultants = $33,087.00
SUB‐TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total = $209,213.00
MANAGEMENT RESERVE FUND:
SUB TOTAL = $209,213.00 x = MRF = $0.00
GRAND TOTAL
GRAND TOTAL = $209,213
PREPARED BY: DATE:
REVIEWED BY: Mike Horton, PE DATE: 5/17/2021
Page 141 of 162
Skillings Connolly, Inc. Page 19 of 21 Project No. 20155 Supplemental Agreement No. 1 City of Port Orchard Bethel & Lincoln Intersection Roundabout EXHIBIT C‐1 SUBCONSULTANT COST COMPUTATION – SUMMARY City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Transportation Solutions Inc ENGR VIII ENGR VIII ENGR V ENGR V SR. TECH Engr 1 Admin V VLS KAH ALB MLM MJS DBH JAB Victor Kirk Andrew Michelle Mike Daniel Jill Salemann Harris Bratlien Mach Schaefer Hodun Berberich $ 235.00 $ 235.00 $ 168.50 $ 180.00 $155.00 $105.00 $115.00 Anticipate Work Elements Task(s) Task Hours Task Cost TASK 1.0 PROJECT MANAGEMENT 24 0 0 0 0 0 14 38 $ 7,250.00 Coordination 8 6 Monthly Progress Reports and Invoices 8 8 Public Involvement 8 TASK 2.0 CONCEPTUAL DESIGN 6 0 2 4 12 0 0 24 $ 4,327.00 Data Collection/Review Refine Lincoln/Mitchell Road 2 2 2 Page 142 of 162
Skillings, Inc. Page 20 of 21 Project No. 20155 City of Port Orchard Bethel & Lincoln Intersection Roundabout City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Roundabout Configurations Develop 2D Geometry for Lincoln/Mitchell Configuration 4 2 12 30% PLANS 2 4 0 28 16 0 0 50 $ 8,930.00 Review Roundabout Geometry 1 12 Review Islands and Curbs 8 Develop 30% Illumination Design 4 16 Review Roundabout Details 4 Peer Review Memo 1 4 100% PLANS 2 2 0 12 12 0 0 28 $ 4,960.00 Review Roundabout Geometry 1 4 Review Islands and Curbs 2 Develop 60% Illumination Design 2 12 Review Details 2 Peer Review Memo 1 4 COMPLETE BID SET 2 2 0 8 8 0 0 20 $ 3,620.00 Review Roundabout Geometry 1 2 Review Islands and Curbs 2 100% Illumination Plans 2 8 Review Details 2 Peer Review Memo 1 2 Page 143 of 162
Skillings, Inc. Page 21 of 21 Project No. 20155 City of Port Orchard Bethel & Lincoln Intersection Roundabout City of Port Orchard Lincoln/Mitchell Roundabout Exhibit B 05/17/2021 Labor Estimate 36 8 2 52 48 0 14 160 $ 9,087.00 Expense Estimate Travel 0 miles $ - Traffic Counts 0 counts $ - Roundabotix $4,000.00 each $ 4,000.00 Expenses $ 4,000.00 Grand Total $33,087.00 Page 144 of 162
U:\Staff Reports GS50-05A-13\2021\20210608\7E 03 Skillings Inc. (C029-21)_Contract Supp #1.doc Page 1
CITY OF PORT ORCHARD
Authorization for Supplemental Agreement No. 1
Date: June 8, 2021 Contractor: Skillings, Inc.
Project: Bethel & Lincoln Intersection
Roundabout Project 5016 Lacey Blvd. SE
Contract / Job # C029-21 Lacey, WA 98516
Amount Sales Tax Total Date Appvd by
Original Contract $537,454.00 $537,454.00 09-Feb-21 Council
Amendment 1 $196,900.00 $196,900.00 25-Nov-20 PW Director
Total Contract $734,354.00 $0.00 $734,354.00
Contract History
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Contractor Approval Signature Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name & Title Printed Name
Approved: Mayor
Attest: City Clerk
Council Approval Date
THIS CHANGE ORDER AUTHORIZES; Additional scope and budget to include the full design of a compact
roundabout at the Lincoln & Mitchell Intersection (Alt. #1), for inclusion within the Bid Set as an Add
Alternate. All terms and conditions of the underlying Contract, other than those expressly modified by
this Change Order, remain in effect.
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public Works Director.
Change Orders that do not exceed 10%, with a maximum of
$100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Page 145 of 162
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7F Meeting Date: June 8, 2021
Subject: Approval of a Carnival Application with Prepared by: Brandy Rinearson, MMC
Paradise Amusements City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Port Orchard Municipal Code (POMC) 5.32.080 requires Council approval of an organization
requesting to operate a Carnival within the City. On June 4, 2021, Paradise Amusements, Inc. submitted
an application requesting to hold a carnival on the Port Orchard waterfront with set up from Tuesday,
July 6th through Wednesday, July 7th; open to the public from Thursday, July 8th through Sunday, July
11th; and tear down the night of Sunday, July 11th to Monday, July 12, 2021.
Staff has reviewed the application and has the following comments:
Clerk’s office: Farmer’s Market submitted their application on March 15, 2021, and was approved by the
City on April 16, 2021, for the Port Orchard Farmers Market scheduled for all Saturday’s starting from
April 17 to October 16, 2021. The event is being held at the Port Orchard Waterfront Park and is open to
the public from 9:00am to 2:00pm. It is the City’s understanding that the two event organizers are in
discussions to coordinate these two events. Farmers Market is willing to work with other event
organizers if, they can relocate to a suitable location. They have historically relocated for a few Saturdays
in the past throughout their season.
Run Amok Racing, Inc., submitted their application on May 27, 2021, for the Yukon Do It! Summer
Edition run/walk marathon scheduled for Sunday, July 11, 2021. The Application is still pending approval.
The event would start at the Port Orchard Waterfront Park and will be open to the public from 5:00am
until 3:00pm. It is the City’s understanding that the two event organizers are in discussions to coordinate
these two events. Run Amok Racing is willing to work with other event organizers if, they have the fire
lane to get in and out, be allowed to use the space to unload everything in front of the gazebo, and to
have full use of the 6 spots for parking their trucks. Port of Bremerton is supportive of the use of the
stalls as described.
Community Development: Special Use Permit has been or will be submitted for the dates of July 3rd
and 4th by Peninsula Beverage Co.
Public Works and Police: Regarding the complete closure of parking lots #3, #4, and Harrison Avenue:
Harrison is the only way in and you cannot legally take a left out of Harrison onto Bay Street. This may
impact all the businesses that rely on Harrison to access their shops and provide parking. Parking has
been consumed for the businesses, public, and the paid commuters. The parking, in conjunction with
another event, will not be available for a full week. Logistically, this is not the correct location for this
event.
Page 146 of 162
Staff Report 7F Page 2 of 2
Kitsap Transit: No concerns if, the access along the proposed dashed lines (indicated on the attached
map) is wide enough for the buses to travel through. If it is like any other events, no complaints have
been received.
Kitsap Public Health District: The food vendors may need a food service establishment permit.
Recommendation: N/A
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to approve the carnival license application from Paradise
Amusements, Inc., to hold a carnival at the Port Orchard waterfront and allow use of the downtown
parking lot as described’ starting Monday, July 5, 2021 to Monday, July 12, 2021.
Fiscal Impact: Unknown.
Alternatives: Deny the application or approve with conditions.
Attachments: Carnival application and map.
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City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of May 18, 2021
CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Absent via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Public Works Director Dorsey, Community Development Director
Bond, Deputy Police Chief Main, Finance Director Crocker, City Attorney Archer, City Clerk Rinearson,
and Deputy City Clerk Floyd.
Mayor Putaansuu said Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will
conduct the meeting through Zoom.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
1. Final Draft Downtown Subarea Plan & Proposed Amendments to Comprehensive Plan and
Development Regulations
Development Director Bond explained this is the last opportunity to review the plan before bringing
it forward for adoption. A presentation was brought before Council in March which was in advance
of it going before the Planning Commission. A few changes have been made in response to comments
from the Council. Since then, the SEPA process has concluded and issued the Environmental Impact
Statement on this plan. The Planning Commission held a public hearing about two weeks ago with
no opposition testimony heard, and the Planning Commission recommended the document for City
Council approval.
Additionally, he spoke to piped streams, reconfiguration of the west downtown area due to the
project location, intersection improvements, road elevation due to flooding and future development,
Page 155 of 162
Minutes of May 18, 2021
Page 2 of 3
open spaces and parks along the waterfront, redevelopment of the site at Frederick and Bay Street,
shared street and on-street parking, expanding Marina park, structured parking, downtown height
overlay district changes, county campus provisions, existing and proposed zoning changes, changes
to the land use element of the comprehensive plan due to implementation of the subarea plan,
amendments to the downtown mixed use district, downtown redevelopment, view protection
overlay district, changes to use tables for the zones, parking zoning change, and sidewalks and
frontage improvements.
Additional discussion was held regarding preserving historical Port Orchard, public noticing, possible
road closures, height increases and clock tower height, grocery store, parking stalls, single bedroom
apartments, comments received during a Planning Commission meeting, and next steps.
Council Direction: No direction to staff.
2. WASPC Grant-Mental Health Field Response Team
Deputy Police Chief Main noted the Kitsap County Sherriff’s office reached out to us, asking if we
could partner with them to be a part of this grant they want to apply for. It is a grant that would
allow the hiring of two new designated crisis responders and allow them to come out to the field and
provide their expertise when facing someone in a crisis, hopefully 24-hours a day they could be on-
call. This would be a pilot program for the south end. This gives our officers another de-escalation
tool in our toolbox.
After a brief discussion, Council had no concerns with the Police department partnering with Kitsap
County on this grant.
Council Direction: No direction was given to staff.
3. Water System Capital Facility Charge
Finance Director Crocker provided a presentation which included discussion timeline, Port Orchard
Municipal Code related chapters, extension of water, water system capital improvement plan,
alternatives and staff recommendation of alternative D, water capital facilities charge proposal,
credits and exemptions, policy direction of the Council, and next steps.
Community Development Director Bond spoke to implementation and impacts to his department.
Additional discussion was held regarding historical usage, credits, code revisions, redevelopment
opportunities, and fee charges.
Council Direction: No direction was given to staff.
4. Council Meetings Structure
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Minutes of May 18, 2021
Page 3 of 3
Mayor Putaansuu said based upon the Governor’s reopening plan and if everything continues to go
well, we could have our first Council meeting in-person, in July. We are planning a soft opening of
City Hall on June 7th. We would like to still limit the number of people and vendors who visit City Hall
and will also not have facility rentals at this time due to the cleaning requirements. Staff is working
on a new policy related to allowing a vaccinated employee to not wear a mask in the workplace.
Discussion was held regarding allowing some remote access for Councilmembers during Council
meetings and having meetings held in-person while allowing some remote capabilities, and
continuation of remote committee meetings.
Council Direction: No direction was given to staff.
GOOD OF THE ORDER
Mayor Putaansuu said next week, we plan to ask Council to repeal the resolution related to festivals
so we can start processing event applications. Also, the park survey will be up and running soon.
Community Development Director Bond noted we are waiting for responses from Land Use
Committee members regarding scheduling a meeting, and the McCormick Urban Village survey is
now live on the website and Facebook.
ADJOURNMENT
The meeting adjourned at 8:00 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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Option 1:Covers 20%-25% Peak Demand1,600 sf Array
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Option 1:Covers 20%-25% Peak Demand1,600 sf Array
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Option 2:Covers 40%-50% Peak Demand3,200 sf Array
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Option 2:Covers 40%-50% Peak Demand3,200 sf Array
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PROSPECT STREETBAY STREETKITSAP STREETBANK STREETXXXX XXXXX X X X XXXXXXXXX
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PROSPECT STREETBAY STREETKITSAP STREETBANK STREETXXXX XXXX1,600 SFArray1,600 SFArrayPage 162 of 162