02/22/2022 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
MarkTrenary
E/D & Tourism Committee
Utilities/Sewer Advisory Committee
Transportation Committee
KRCC-alt
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Transportation Committee
Jay Rosa pepe
Finance Committee,
Land Use Committee
KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTransF
alt, KRCC Planpol-alt,
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli (Mayor Pro-Tempore)
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee,
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 Wallace, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, V Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhal I@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
February 22, 2022
6:30 p.m.
The City is conducting its public meetings remotely to prevent the spread of COVID.
The City is providing 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/I/87641679681
Zoom Webinar ID: 876 4167 9681
Zoom Call -In: 1 253 215 8782
Guiding Princioles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
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. If
you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
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 an Ordinance Amending Port Orchard Municipal Code
Section 5.56.110 for Taxicabs (M. Brown) Page 4
D. Adoption of a Resolution Declaring Certain Equipment as Surplus and
Authorizing its Disposition (Wallace) Page 9
E. Excusal of Councilmember Cucciardi Due to a Personal Obligation
5. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget and Exhibit A Salary Table
(Crocker) Page 11
B. Adoption of an Ordinance Authorizing Position of Protect Coordinator/Inspector (Lund) Page 21
C. Adoption of an Ordinance Approving; a Contract with Kitsap County Department of Human Resources-
CDBG Program for the Lippert Avenue Sidewalk Retrofit Project (Dorsey) Page 25
D. Adoation of a Resolution Granting an Easement to the Citv of Bremerton for the McCormick Village
Park Water Facilities (Dorsey) Page 51
E. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2023 General Sewer Plan
Update for the City's Sanitary Sewer System and Documenting Procurement Procedures (Dorsey) Page
64
F. Adoption of a Resolution Establishing a Referral Incentive Program for Current Staff Members (Lund)
Page 98
G. Adoation of a Resolution Renaming and Designating the Active Club T-Ball Field to Honor the Late
Richard "Dick" Lyle Taute, Sr. (Wallace) Page 102
H. Adoption of a Resolution Adopting Operating Policies and Procedures for Managing City Records
(Wallace) Page 105
I. Adoption of Resolution Granting Final Plat Approval for McCormick West Division II (Bond) Page 113
J. Approval of Amendment No. 6 to Contract No. 054-18 with RH2 Engineering, Inc. for the Marina Pump
Station Rebuild Project (Dorsey) Page 148
K. Approval of a Memorandum of Understanding with the Police Guild Representing Patrol Officers
Regarding a Recruitment Incentive Program for Lateral Peace Officers (Brown) Page 163
L. Approval of an Agreement with Kitsap Homes of Compassion for Affordable Housing Funding (Archer)
Page 164
M. Approval of an Agreement with Housing Kitsap for Affordable Housing Funding (Archer) Page 175
N. Approval of the February 8, 2022, City Council Meeting Minutes Page 217
8. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
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(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. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
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
Date & Time Location
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.
February 22, 2022, Meeting Agenda Page 2 of 3
Economic Development and
Tourism
Utilities
Finance
Transportation
Festival of Chimes & Lights
Land Use
Lodging Tax Advisory
Sewer Advisory
Outside Agency Committees
Council Retreat
Remote Access
March 14, 2022; 9:30am; 2nd Monday of each month
April 12, 2022; S:00pm
Remote Access
March 15, 2022; S:00p�esday of each month
Remote Access
February 22; 2022; 5:00pm; 4th Tuesday of each month
Remote Access
February 22, 2022; 3:00pm
Remote Access
March 16, 2022; 4:30pm — 3rd Wednesday of each
Remote Access
month
February; 2022
Remote Access
May 18, 2022; 6:30pm
Remote Access
Varies
Varies
March 11, 2022; 9:00am City Hall
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.
February 22, 2022, Meeting Agenda Page 3 of 3
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of an Ordinance Amending Port
Orchard Municipal Code Section 5.56.110
For Taxicabs
Back to Agenda
Meeting Date: February 22, 2022
Prepared by: Matt Brown
Atty Routing No.
Atty Review Date
Chief of Police
36692-012
February 10, 2022
Summary: Under RCW 81.27, Washington State law authorizes cities to adopt regulations for the licensing of
taxicab and for -hire businesses within their jurisdiction. In 1999, the City of Port Orchard codified the
requirement that applicants submit to fingerprinting by the police department. These fingerprints are not
necessary and cannot be used for licensing purposes but must be retained as appropriate under Washington
State Law. This requirement has an impact on staff time and does not create any benefit for the City.
The amended ordinance still provides for the City to regulate taxicab and for -hire licensing as before without
any impact to regular business. The removal of the fingerprinting requirement ceases a practice without
practical purpose.
Recommendation: Staff recommends the Council amend POMC 5.56.110 — Fingerprints and photographs of
driver applicant.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt the ordinance amending POMC 5.56.110 — Fingerprints and
photographs of driver applicant.
Fiscal Impact: None.
Alternatives: Not approve the amendments to POMC 5.56.110 and provide staff with direction.
Attachments: Proposed ordinance redline and final.
Page 4 of 221
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO TAXICAB DRIVER LICENSING; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 5.56.110; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 81.72 RCW, Washington state law authorizes cities to
adopt regulations for the licensing of taxicab businesses operating within their corporate
boundaries; and
WHEREAS, the City Council finds it is in the best interest of the residents of Port Orchard to
amend POMC 5.56.110 to remove fingerprinting requirements for taxicab driver licensing; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code 5.56.110 is hereby amended to read as follows:
5.56.110 F6ngeFPF*Rt&,Wd jaPhotographs of driver applicant.
Every applicant for a driver's license must submit to fingerprinting by the Chief ^. desig ^^
a A must file with their application two recent photographs of himself or herself of a size
designated by the clerk and which may be easily attached to their license, one of which shall be
so attached when issued; the other shall be filed with the application. The photograph shall be
so attached to the license that it cannot be removed and another photograph substituted without
probability of detection. Each licensed driver shall, on demand of the license inspector, police
officer or a passenger, exhibit their license and photograph for inspection. (Ord. 1777 § 11, 1999).
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be posted and published as required by law, and shall
be effective and in full force five (5) days following publication. A summary of this ordinance may
be published in lieu of publishing the ordinance in its entirety.
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 22nd day of February 2022.
Page 5 of 221
Back to Agenda
Ordinance No. OXX
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Robert Putaansuu, Mayor
Sponsored by:
Shawn Cucciardi, Councilmember
Page 2of2
Page 6 of 221
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO TAXICAB DRIVER LICENSING; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 5.56.110; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 81.72 RCW, Washington state law authorizes cities to
adopt regulations for the licensing of taxicab businesses operating within their corporate
boundaries; and
WHEREAS, the City Council finds it is in the best interest of the residents of Port Orchard to
amend POMC 5.56.110 to remove fingerprinting requirements for taxicab driver licensing; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code 5.56.110 is hereby amended to read as follows:
5.56.110 Photographs of driver applicant.
Every applicant for a driver's license must file with their application two recent
photographs of himself or herself of a size designated by the clerk and which may be easily
attached to their license, one of which shall be so attached when issued; the other shall be filed
with the application. The photograph shall be so attached to the license that it cannot be
removed and another photograph substituted without probability of detection. Each licensed
driver shall, on demand of the license inspector, police officer or a passenger, exhibit their license
and photograph for inspection. (Ord. 1777 § 11, 1999).
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be posted and published as required by law, and shall
be effective and in full force five (5) days following publication. A summary of this ordinance may
be published in lieu of publishing the ordinance in its entirety.
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 22nd day of February 2022.
Page 7 of 221
Back to Agenda
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Ordinance No.
Page 2 of 2
Robert Putaansuu, Mayor
Sponsored by:
Shawn Cucciardi, Councilmember
Page 8 of 221
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D
Subject: Adoption of a Resolution Declaring Certain
Back to Agenda
Meeting Date: February 22, 2022
Prepared by: Brandy Wallace, MMC
Equipment as Surplus and Authorizing its
Disposition Atty Routing No.
Atty Review Date
City Clerk
N/A
N/A
Summary: Assets of the City that are no longer useable, 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 a 1993 Chevy H133500, belonging to the sewer fund. The Finance
department has estimated the current value of $0.00. In addition a 2011 Ford Crown Victoria and 2004 Jeep
Liberty, purchased from the General Fund. One belonged to the police department and the
other Community Development. The Finance department has estimated their current value of $0.00.
Although the City's internal asset value of the item has been determined to be of no value, any money from
the sale of surplus property is deposited into the Fund which owned the item. 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. Staff will dispose the item in a manner that
reflects the best interest of the City.
Recommendation: Staff recommends adoption of a Resolution declaring the vehicles as surplus.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution declaring the 1993 Chevy H133500, 2011 Ford
Crown Victoria, and the 2004 Jeep Liberty vehicles as surplus and allowing for its disposition in a manner
that reflects the best interest of the City.
Fiscal Impact: Money received from the disposition of surplus equipment is deposited in the Fund of
ownership.
Alternatives: Do not adopt.
Attachments: Resolution
Page 9 of 221
Back to Agenda
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, certain sewer utility equipment owned by the City of Port Orchard has
become surplus to the needs of the City Utilities; and
WHEREAS, the City Council has determined that the present fair market value of the
personal property and utility equipment items are $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 personal property and sewer
utility 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:
Items
1993 Chevy HB3500
2011 Ford Crown Victoria
2004 Jeep Liberty
VIN#
1GBKC34NXPJ106326
2FABP7BU1BX139733
1J4GL48K55W555575
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 22" d day of February 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 10 of 221
Back to Agenda
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A
Subject: Adoption of an Ordinance
Amendiniz the 2021-2022 Biennial
Meeting Date: February 22, 2022
Prepared by: Noah D. Crocker
Budget and Exhibit A Salary Table Atty Routing No
Atty Review Date
Finance Director
366922-0007 - Finance
February 13, 2022
Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During
the biennial period, changes to the budget in both revenue and expenditures need to be recognized
by a Budget Amendment. Exhibit A of the 2021-2022 Biennial Budget, as adopted, identifies the
Personnel positions of the City as well as pay ranges.
By this Ordinance, the City Council would amend the 2021 — 2022 Biennial Budget, as adopted by
Ordinance No. 035-20 and amended by Ordinance No.015-21, Ordinance No. 032-21, Ordinance No.
050-21, Ordinance No. 056-21, Ordinance No. 065-21.
The proposed budget amendment is intended to provide the following:
1) Fund 001: Current Expense Fund
a.lncrease transfers out to Fund 002 City Street in the amount of $239,000 for Crack & Seal,
Lund Bridge, and Pavement Preservation
b. Increase transfers out to Fund 433 Sewer Capital in the amount of $1,410,539,
representing that the City's full payment of funding from the American Rescue Plan Act
(ARPA) for 2021 is being allocated to Marina Pump Station
c. Eliminate transfers out to Fund 413 Water Capital in the amount of $900,000
representing a portion of ARPA for 2021 no longer allocated to Well #13 and MW Interie
projects
d. Reduce 2022 Ending Fund balance by $749,539 reflecting the impact of the transfers
2) Fund 002: City Street Fund
a.lncrease transfers in from Fund 001 in the amount of $239,000 for Crack
& Seal, Lund Bridge, and Pavement Preservation
b. Eliminate transfers in from Fund 304 in the amount of $239,000 for Crack
& Seal, Lund Bridge, and Pavement Preservation
c. No impact to fund balance
3) Fund 103: Criminal Justice Fund
a.lncrease expenditure authority to purchase police helmets in the amount of $60,000
b. Reduce 2022 ending fund balance by $60,000
Page 11 of 221
Back to Agenda
Staff Report 7A
Page 2 of 4
4) Fund 109: Real Estate Excise Tax Fund
a.lncrease transfer out to Fund 304 for the Bay Street Pedestrian Pathway project in the
amount of $500,000 for the project including fully funding the ROW services contract
previously authorized
b. Reduction of 2022 ending fund balance by $500,000 reflecting impact of the transfer
5) Fund 304: Street Capital Projects
a.lncrease transfers in from fund 109 for the Bay Street Pedestrian Pathway project in the
amount of $500,000
b. Increase expenditure authority for the Bay Street Pedestrian Pathway project in the
amount of approximately $500,000
c. Eliminate transfers out to Fund 002 in the amount of $239,000 for Crack
& Seal, Lund Bridge, and Pavement Preservation
d. Increase of 2022 ending fund balance by $239,000 reflecting impact of the transfers
6) Fund 413: Water Capital Fund
a.Eliminate transfers in from Fund 001 Current Expense in the amount of $600,000
representing a portion of funding from ARPA for 2021 no longer allocated to MW
Interie at Old Clifton project
b. Eliminate transfers in from Fund 001 Current Expense in the amount of $300,000
representing a portion of ARPA funding for 2021 no longer allocated to Well #13
c. Eliminate expenditure authority in the amount of $600,000 for longer allocated MW
Interie at Old Clifton project
d. Eliminate expenditure authority in the amount of $300,000 for longer allocated to
Well #13
e. No impact to fund balance
7) Fund 423: Storm Drainage Capital Fund
a.lncrease expenditure authority in the amount of $5,200 for the appraisal services
rendered under C073-21.
b. Reduce 2022 ending fund balance by $5,200
8) Fund 433: Sewer Capital
a.lncrease transfers in from Fund 001 Current Expense in the amount of $1,410,539
representing the full payment of the City's allocated ARPA funding for 2021 being
allocated to Marina Pump Station
b. Increase ending fund balance in the amount of $1,410,539
9) Exhibit A
a.Add 2 FTE to the Patrol Officers position. The additional FTE count will provide the
police department the ability to recruit and hire in a more flexible and timely manner
as officers retire and leave the city. It will provide some overlap in personnel to
support coverage and ensure adequate officers are employed with the City.
b. Add 1 FTE of a Project Coordinator/Inspector position for the Public Works
Department.
Page 12 of 221
Back to Agenda
Staff Report 7A
Page 3of4
Recommendation: The Finance Director recommends adoption of an ordinance, amending the
2021-2022 Biennial Budget including Exhibit A.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an ordinance, amending the 2021-2022 Biennial
Budget including Exhibit A, as adopted by Ordinance No. 035-20 and as amended.
Fiscal Impact: A future financial budget amendment may be needed prior to the end of the
biennium.
Alternatives: Do not authorize and provide alternative guidance
Attachments: Ordinance and Exhibit A.
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 002 - City Street Fund (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 1,479,291
$ -
$ 1,479,291
Revenue $ 6,121,880
$ -
$ 6,121,880
Expense $ 7,155,472
$ -
$ 7,155,472
Ending Fund Balance $ 445,699
1 $ -
$ 445,699
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 103 - Criminal Justice
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 377,608
$
-
$ 377,608
Revenue
$ 491,900
$
-
$ 491,900
Expense
$ 584,325
$
60,000
$ 644,325
Ending Fund Balance
$ 285,183
1 $
(60,000)
$ 225,183
Page 13 of 221
Back to Agenda
Staff Report 7A
Page 4of4
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 109 - Real Estate Excise Tax
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 050.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 3,266,592
$
-
$ 3,266,592
Revenue
$ 2,927,400
$
-
$ 2,927,400
Expense
$ 1,927,200
$
500,000
$ 2,427,200
Ending Fund Balance
$ 4,266,792
1 $
(500,000)
$ 3,766,792
g%o
HMO
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 304 - Street Capital Projects
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 1,732,515
$
-
$ 1,732,515
Revenue
$ 5,546,333
$
500,000
$ 6,046,333
Expense
$ 6,539,400
$
261,000
$ 6,800,400
Ending Fund Balance
$ 739,448
1 $
239,000
$ 978,448
---miling
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 413 - Water Capital
(Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance
$ 1,382,354
$ 1,382,354
Revenue
$ 6,037,400
$ (900,000)
$ 5,137,400
Expense
$ 5,117,400
$ (900,000)
$ 4,217,400
Ending Fund Balance
$ 2,302,354
1 $ -
1 $ 2,302,354
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 423 - Storm Drainage Capital Facil (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 99,113
$ 99,113
Revenue $ -
$ -
Expense $ -
$ 5,200
$ 5,200
Ending Fund Balance $ 99,113
1 $ (5,200)1
$ 93,913
2021-2022 Current
2021-2022
2021-2022 Amended
Fund: 433 - Sewer Capital (Amended Biennial
Budget
Biennial Budget No.
Budget No. 056.21)
Amendment
XXX-2022
Beginning Fund Balance $ 2,369,050
$ 2,369,050
Revenue $ 18,197,100
$ 1,410,539
$ 19,607,639
Expense $ 14,350,000
$ -
$ 14,350,000
Ending Fund Balance $ 6,216,150
1 $ 1,410,539
1 $ 7,626,689
Page 14 of 221
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE 2021-2022 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 035-20, AND AMENDED BY ORDINANCE NOS.
015-21, 032-21, 050-21, 056-21, and 065-21 TO RECOGNIZE
EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME
OF THE ADOPTION OF THE 2021-2022 BIENNIAL BUDGET
INCLUDING THE ADDITION OF TWO FULL TIME EQUIVALENT
POSITIONS FOR THE POLICE DEPARTMENT AND A NEW FULL
TIME EQUIVALENT POSITION FOR THE PUBLIC WORKS
DEPARTMENT; PROVIDING FOR TRANSMITTAL TO STATE;
PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard adopted its 2021 — 2022 Biennial Budget via
Ordinance No. 035-20, which was previously amended by Ordinance Nos. 015-21, 032-21, 050-
21, 056-21 and 065-21; and
WHEREAS, the City desires to keep current on budget amendments; and
WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of
appropriation adjustments that could not have been anticipated at the time of passage of the
2021— 2022 Biennial Budget; and
WHEREAS, by this Ordinance, the City Council amends the 2021-2022 Biennial Budget to
accommodate necessary adjustments as set forth herein; and
WHEREAS, the City will transfer $239,000 from Fund 001 to Fund 002 for Crack & Seal,
Lund Bridge, and Pavement Preservation; and
WHEREAS, the City will transfer $1,410,539 of funds allocated to the City through the
American Rescue Plan Act (ARPA) from Fund 001 to Fund 433 for Sewer Capital Projects and
eliminate the previously authorized transfers of $900,000 of ARPA monies for Water Capital
Projects; and
WHEREAS, the City will increase expenditure authority for Fund 103 to make necessary
police equipment purchases in the amount of $60,000; and
WHEREAS, the City Council has previously approved Contract C072-18 for Tierra Right of
Way Services with which requires additional funding from fund 109 in the amount of
approximately $500,000 to fully fund this contract as well as additional expenses for the
project; and
Page 15 of 221
Back to Agenda
Ordinance No.
Page 2of4
WHEREAS, the City will transfer up to $500,000 from fund 109 to fund 304 for the Bay
Street Pedestrian Pathway Project and will spend the $500,000 additional funding on the Bay
Street Pedestrian Pathway Project; and
WHEREAS, the City will eliminate transfers out of $239,000 from Fund 304 to Fund 002
for Crack & Seal, Lund Bridge, and Pavement Preservation; and
WHEREAS, the City will eliminate $900,000 of ARPA monies being transferred from Fund
001 to Fund 413 for Water Capital Projects and reduce the expenditure authority by $900,000
as appropriate; and
WHEREAS, the City Council has previously approved Contract C073-21 for Sherman Ave
appraisal which requires funding from the Storm Drainage Capital Fund in the amount of $5,200
to fully fund this contract; and
WHEREAS, the City desires to fund two additional Full Time Equivalent (2 FTE) for Patrol
Officer positions; and
WHEREAS, the City desires to fund one Full Time Equivalent (1 FTE) of a newly create
Project Coordinator/Inspector Position; and
WHEREAS, the City Council has considered the proposed budget amendments and finds
that amendments authorized by this Ordinance are consistent with applicable laws and financial
policies, and further the public's health, safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The 2021-2022 Biennial Budget and enabling Ordinance No.035-20, as
amended by Ordinances Nos. 15-21, 032-21, 050-21,056-21 and 065-21 is hereby amended to
reflect the following:
Page 16 of 221
Back to Agenda
Ordinance No.
Page 3 of 4
2021-2022 Biennial Budget
Fund No.
Fund Name
I Type
I Ordinance-035-20 I Ordinance-050-211
Ordinance-056-21 JAdjustmentl
Ordinance-XXX-22
07
Current Expense Fund
Revenue
$ 26,069,100
$ 33,279,201
$ 35,529,201
$
$ 35,529,201
Expense
$ 26,069,100
$ 33,279,201
$ 35,529,201
$
$ 35,529,201
' 002
City Street
Revenue
$ 5,131,900
$ 7,601,171
$ 7,601,171
$
$ 7,601,171
Expense
$ 5,131,900
$ 7,601,171
$ 7,601,171
$
$ 7,601,171
' 003
Stabilization
Revenue
$ 2,300,000
$ 2,693,687
$ 2,693,687
$
$ 2,693,687
Expense
$ 2,300,000
$ 2,693,687
$ 2,693,687
$
$ 2,693,687
103
Criminal Justice
Revenue
$ 760,900
$ 869,508
$ 869,508
$
$ 869,508
Expense
$ 760,900
$ 869,508
$ 869,508
$
$ 869,508
' 104
Special Investigative Unit
Revenue
$ 102,000
$ 105,797
$ 105,797
$
$ 105,797
Expense
$ 102,000
$ 105,797
$ 105,797
$
$ 105,797
' 107
Community Events
Revenue
$ 400,000
$ 412,002
$ 412,002
$
$ 412,002
Expense
$ 400,000
$ 412,002
$ 412,002
$
$ 412,002
108
Paths & Trails
Revenue
$ 12,900
$ 13,096
$ 13,096
$
$ 13,096
Expense
$ 12,900
$ 13,096
$ 13,096
$
$ 13,096
109
Real Estate Excise Tax
Revenue
$ 4,854,000
$ 6,193,992
$ 6,193,992
$
$ 6,193,992
Expense
$ 4,854,000
$ 6,193,992
$ 6,193,992
$
$ 6,193,992
111
Impact Fee
Revenue
$ 2,282,500
$ 4,006,467
$ 4,006,467
$
$ 4,006,467
Expense
$ 2,282,500
$ 4,006,467
$ 4,006,467
$
$ 4,006,467
206
Bond Redemption Fund
Revenue
$ 598,200
$ 598,200
$ 598,200
$
$ 598,200
Expense
$ 598,200
$ 598,200
$ 598,200
$
$ 598,200
302
Capital Construction
Revenue
$ 620,000
$ 3,606,707
$ 5,881,707
$
$ 5,881,707
Expense
$ 620,000
$ 3,606,707
$ 5,881,707
$
$ 5,881,707
304
Street Capital Projects
Revenue
$ 4,328,100
$ 7,278,848
$ 7,278,848
$ 500,000
$ 7,778,848
Expense
$ 4,328,100
$ 7,278,848
$ 7,278,848
$ 500,000
$ 7,778,848
401
Water -Sewer Utilities
Revenue
$ -
$ -
$ -
$ -
$ -
Expense
$
$
$
$
$
403
Water -Sewer Cumulative Reserve
Revenue
$
$
$
$
$
Expense
$
$
$
$
$ -
411
Water- Operations
Revenue
$ 8,504,400
$ 9,694,063
$ 9,694,063
$
$ 9,694,063
Expense
$ 8,504,400
$ 9,694,063
$ 9,694,063
$
$ 9,694,063
412
Water- Stabilization
Revenue
$ 917,000
$ 950,216
$ 950,216
$
$ 950,216
Expense
$ 917,000
$ 950,216
$ 950,216
$
$ 950,216
413
Water -Capital Projects
Revenue
$ 6,964,200
$ 7,419,754
$ 7,419,754
$ (900,000)
$ 6,519,754
Expense
$ 6,964,200
$ 7,419,754
$ 7,419,754
$ (900,000)
$ 6,519,754
414
Water - Debt Service
Revenue
$ 840,250
$ 840,250
$ 840,250
$
$ 840,250
Expense
$ 840,250
$ 840,250
$ 840,250
$
$ 840,250
421
Storm Drainage- Operations
Revenue
$ 5,076,900
$ 5,352,120
$ 5,352,120
$
$ 5,352,120
Expense
$ 5,076,900
$ 5,352,120
$ 5,352,120
$
$ 5,352,120
422
Storm Drainage - Stabilization
Revenue
$ 503,300
$ 533,931
$ 533,931
$
$ 533,931
Expense
$ 503,300
$ 533,931
$ 533,931
$
$ 533,931
423
Storm Drainage- Capital Projects
Revenue
$ 30,100
$ 99,113
$ 99,113
$
$ 99,113
Expense
$ 30,100
$ 99,113
$ 99,113
$
$ 99,113
424
Storm Drainage - Debt Service
Revenue
$ 355,300
$ 355,300
$ 355,300
$
$ 355,300
Expense
$ 355,300
$ 355,300
$ 355,300
$
$ 355,300
431
Sewer -Operations
Revenue
$ 12,659,200
$ 13,711,301
$ 13,711,301
$
$ 13,711,301
Expense
$ 12,659,200
$ 13,711,301
$ 13,711,301
$
$ 13,711,301
432
Sewer -Stabilization
Revenue
$ 1,355,050
$ 1,422,016
$ 1,422,016
$
$ 1,422,016
Expense
$ 1,355,050
$ 1,422,016
$ 1,422,016
$
$ 1,422,016
433
Sewer -Capital Projects
Revenue
$ 9,612,100
$ 20,566,150
$ 20,566,150
$1,410,539
$ 21,976,689
Expense
$ 9,612,100
$ 20,566,150
$ 20,566,150
$1,410,539
$ 21,976,689
434
Sewer - Debt Service
Revenue
$ 550,000
$ 550,000
$ 550,000
$
$ 550,000
Expense
$ 550,000
$ 550,000
$ 550,000
$
$ 550,000
500
ER&R
Revenue
$ 4,927,400
$ 5,271,030
$ 5,271,030
$
$ 5,271,030
Expense
$ 4,927,400
$ 5,271,030
$ 5,271,030
$
$ 5,271,030
Grand Total
Revenuel
$ 99,754,800
$ 133,423,920
$ 137,948,920
$1,010,539
$ 138,959,459
Grand Total
Expensel
$ 99,754,800
1 $ 133,423,920
$ 137,948,920
r$1,010,539
1 $ 138,959,459
Exhibit A to the 2021 - 2022 Biennial Budget is amended as shown on the Exhibit A
attached hereto and incorporated herein by this reference.
SECTION 2. Transmittal. The City Clerk shall transmit a complete, certified copy of the
amended budget as adopted to the state auditor and to the Association of Washington Cities
per RCW 35.34.130.
Page 17 of 221
Back to Agenda
Ordinance No.
Page 4 of 4
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION S. This Ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the
entire ordinance, as authorized by State 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 22" d day of February 2022.
Rob Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 18 of 221
2/17/2022 9:10 AM
�ackto Agenda
PositionPersonnel
Elected
Ma or 1 1 1 Annual 1 114,563.07
Council
7
1 Monthly I 1,000
Total Elected 8.00
Personnel Positions FTE Minimum Maximum
City Clerk
1
46.99
54.48
Chief of Police
1
69.93
81.09
Community Development Director
1
65.18
75.59
Finance Director
1
65.18
75.59
Human Resources Manager
1
48.82
56.62
Public Works Director/City Engineer
1
65.18
75.59
Total Mayoral Direct Reports 6.00
Deputy City Clerk
1 1
31.68
36.72
HR Specialist
1 1
1 30.19
1 35.01
Office Assistant II - Admin
0
1 25.67
1 29.78
Total Administration 2.00
Assistant Finance Director
1
1 48.82
56.62
Accounting Assistant 1
1
24.56
28.50
Accounting Assistant 11
4
28.58
33.13
Accounting Assistant 111
2
33.32
38.65
Accounting Assistant III / ITSpecialist
1
34.52
40.02
Network Administrator
1
43.27
50.19
IT Support Specialist
1
34.31
39.78
Total Finance/IT 11.00
Permit Center Manager
1
1 36.68
42.54
Permit Tech 1 FT
1
28.76
33.35
Permit Clerk (2FT)
2
25.67
29.78
Associate Planner
1
37.73
43.76
Senior Planner
2
41.64
48.29
Assistant Planner
1
30.19
35.01
Building Inspector
1
35.43
41.09
Building Official
1
44.86
52.02
Code Enforcement Officer
1
34.52
40.02
Total Community Development 11.00
Municipal Court Jude
0.6
Annual
114,072.00
Court Administrator
1
48.82
56.62
Lead Clerk
1
29.46
35.21
Court Clerk
2.6
24.89
29.72
Total Judicial 5.20
Deputy Police Chief
1
60.93
70.68
Community Health Navigator
1
34.85
40.40
Public Service Officer / Parking
Enforcement Officer (2 PT)
1
27.26
31.62
Police Services Coordinator
1
33.14
39.59
Records Evidence Specialist (3FT, 1 PT)
addt'l FTE 7/1/22
3.7
24.78
29.58
Sergeant
4
46.19
51.14
Patrol Officer
19
1 30.99
42.55
Total Police Department 30.70
Assistant City Engineer
1
53.57
62.12
Operations Manager
1
46.99
54.48
Utility Manager
1
46.99
54.48
Utilities Compliance Specialist
1
34.52
40.02
Civil Engineer 1
1
37.73
43.76
Civil Engineer II
1
44.86
52.02
Stormwater Program Manager
1
39.31
45.59
GIS Specialist/Development Review
Assistant
1
39.31
45.59
Public Works Procurement Specialist
1
36.68
42.54
Project Coordinator/Inspector
1
37.73
43.76
Office Assistant 11 - Public Works
1
25.67
29.78
Public Works Foreman
1
36.90
44.06
City Mechanic
1 2
1 30.75
36.72
City Electrician
1 1
1 32.62
38.95
Public Works Personnel
12
1 29.82
35.61
WA/SW/Storm Coordinators
3
1 32.05
38.26
Public Works Laborer
2
1 22.21
26.53
Total Public Works 32.00
Seasonal Worker
Hourly
15.60
20.80
Intern
Hourly
15.60
20.80
Temporary Employee
Hourly
15.60
20.80
Grand Totals
Page 19 of 221
2/17/2022 9:09 AM
Irack to Agenda
PositionPersonnel
Elected Officials Positions ages
Mayor 1 Annual 114,563.07
Council
7
Monthly 1,000
Total Elected 8.00
Personnel Positions FTE Minimum Maximum
City Clerk
1
46.99
54.48
Chief of Police
1
69.93
81.09
Community Development Director
1
65.18
75.59
Finance Director
1
65.18
75.59
Human Resources Manager
1
48.82
56.62
Public Works Director/City Engineer
1
65.18
75.59
Total Mayoral Direct Reports 6.00
Deputy City Clerk
1
31.68
36.72
HR Specialist
1
30.19
35.01
Office Assistant II - Admin
0
1 25.67
29.78
Total Administration 2.00
Assistant Finance Director
1
1 48.82
56.62
Accounting Assistant I
1
24.56
28.50
Accounting Assistant II
4
28.58
33.13
Accounting Assistant III
2
33.32
38.65
Accounting Assistant III / IT Specialist
1
34.52
40.02
Network Administrator
1
43.27
50.19
IT Support Specialist
1
34.31
39.78
Total Finance/IT 11.00
Permit Center Manager
1
36.68
42.54
Permit Tech (1 FT)
1
28.76
33.35
Permit Clerk (2FT)
2
25.67
29.78
Associate Planner
1
37.73
43.76
Senior Planner
2
41.64
48.29
Assistant Planner
1
30.19
35.01
Building Inspector
1
35.43
41.09
Building Official
1
44.86
52.02
Code Enforcement Officer
1
34.52
40.02
Total Community Development 11.00
Municipal Court Judge
0.6
Annual
114,072.00
Court Administrator
1
48.82
56.62
Lead Clerk
1
29.46
35.21
Court Clerk
2.6
24.89
29.72
Total Judicial 5.20
Deputy Police Chief
1
60.93
70.68
Community Health Navigator
1
34.85
40.40
Public Service Officer / Parking
Enforcement Officer (2 PT)
1
27.26
31.62
Police Services Coordinator
1
33.14
39.59
Records Evidence Specialist (3FT, 1 PT)
addt'I FTE 7/1/22
3.7
24.78
29.58
Sergeant
4
46.19
51.14
Patrol Officer
19
30.99
42.55
P4tFGI iFneF
47
zn.00
42-55
Total Police Department 30.70
Assistant City Engineer
1
53.57
62.12
Operations Manager
1
46.99
54.48
Utility Manager
1
46.99
54.48
Utilities Compliance Specialist
1
34.52
40.02
Civil Engineer 1
1
37.73
43.76
Civil Engineer II
1
44.86
52.02
Stormwater Program Manager
1
39.31
45.59
GIS Specialist/Development Review
Assistant
1
39.31
45.59
Public Works Procurement Specialist
1
36.68
42.54
Project Coordinator/Inspector
1
37.73
43.76
Office Assistant II - Public Works
1
25.67
29.78
Public Works Foreman
1
36.90
44.06
City Mechanic
2
30.75
36.72
City Electrician
1
32.62
38.95
Public Works Personnel
12
29.82
35.61
WA/SW/Storm Coordinators
3
32.05
38.26
Public Works Laborer
2
22.21
26.53
Total Public Works 32.00
Seasonal Worker
Hourly
15.60
20.80
Intern
Hourly
15.60
20.80
Temporary Employee
Hourly
15.60
20.80
9490
97.90
Page 20 of 221
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
Subject: Adoption of an Ordinance Authorizing
Position of Project Coordinator/Inspector
Back to Agenda
Meeting Date: February 22, 2022
Prepared by: Debbie Lund
Atty Routing No.
Atty Review Date
HR ManaF-er
366922-0008 — H R
February 13, 2022
Summary: As the City of Port Orchard continues to see substantial growth and development, existing staff
is struggling to balance the workload demands of multiple simultaneous projects. In particular, the Public
Works engineering department has several high visibility and important projects impacting City
infrastructure that need more attention that current staff has available.
Staff's recommendation to City Council is the approval of a position of Project Coordinator/Inspector that
will expand the Public Works Division's capacity to deliver City projects and support other aspects of the
engineering team's work by allowing existing staff to focus on their primary functions.
The Council previously 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
assigned by the Council. Consistent with that authorization, the Ordinance includes a summary of general
qualifications and duties for the newly proposed position.
Recommendation: Staff recommends adoption of an Ordinance establishing a new position and approving
the general qualifications and duties for the new position of Project Coordinator/Inspector.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to adopt an Ordinance authorizing the creation of a new position titled
Project Coordinator/Inspector and establishing general qualifications and duties and authorizing the
Mayor to develop the job description consistent with the Ordinance."
Fiscal Impact: To be included in the 2021-22 budget amendment also proposed on the council's agenda
tonight
Alternatives: Do not approve the position summary and provide alternative guidance.
Attachments: Ordinance and Appendix A, position summary for Project Coordinator/Inspector.
Page 21 of 221
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
TO AUTHORIZE NEW EMPLOYEE POSITION OF PROJECT
COORDINATOR/INSPECTOR AND ESTABLISHING GENERAL
QUALIFICATIONS AND DUTIES THEREOF; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard continues to see substantial growth and
development; and
WHEREAS, existing staff is struggling to balance the workload demands of multiple,
simultaneous high priority projects; and
WHEREAS, the Public Works engineering department has several high visibility and
important projects impacting City infrastructure that need more attention that current staff has
available; and
WHEREAS, the City has identified specific tasks and projects that could be assigned to a
newly created position; and
WHEREAS, the 2021-2022 budget amendment adopted on February 22, 2022, contains
the addition of the newly created position in the Public Works Department of Project
Coordinator/Inspector and sets the rate of pay; 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 new job
classification is attached hereto as Appendix A, and incorporated herein by reference; 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 Project
Coordinator/Inspector with 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
Page 22 of 221
Back to Agenda
Ordinance No.
Page 2 of 2
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
five 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 22nd day of February 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 23 of 221
Back to Agenda
Appendix A
Proposed New Position
As of 02/07/2022
Position
Project Coordinator/Inspector
Department
Public Works Development
Major Job Function and Purpose
The Project Coordinator/Inspector provides assistance to Public Works by coordinating, managing
and tracking projects and activities. This position communicates, coordinates, and collaborates with
other City departments, elected officials, state and regional agencies, outside contractors,
consultants, vendors and citizens in order to ensure successful completion of projects on time and
within budget.
General Function
This position is responsible for assisting in the planning, organizing and managing of City
engineering and construction programs and projects. The Project Coordinator/Inspector prepares
plans, specifications, and estimates; manages contract services; responds to questions and inquiries
from the public, contractors, engineering professionals, and City staff. The employee will also assist
with inspecting private development projects within the City limits.
Minimum Qualifications Include*
High school or GED and five (5) years of experience and a Project Management Professional
Certification, or an Associate's degree with five (5) years of related experience, or a Bachelor's
degree with major course work in engineering, construction management, or closely related field
and three (3) years of experience in Civil Engineering related activities. Experience with project
management and inspection of public and private development projects, is desired. EIT or PE is
desired. A valid driver's license is required.
Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as
needed provided they are consistent with general qualifications and duties assigned by the City
Council at the time the position is created by Council.
Page 24 of 221
Back to Agenda
r W City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
ALS (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C
Meeting Date:
February 22, 2022
Subject: Adoption of an Ordinance Approving a
Prepared by:
Mark Dorsey, P.E.
Contract with Kitsap County Department
Public Works Director
of Human Services-CDBG Program for the
Atty Routing No.:
366922-0009 — PW
Lippert Avenue Sidewalk Retrofit Project
Atty Review Date:
February 13, 2022
Summary: By the July 23, 2021, application deadline for the Kitsap County Department of Human Services
- Community Development Block Grant (CDBG) Program, the City's Public Works Department applied for
grant funding for the Lippert Avenue Sidewalk Retrofit Project. On March 24, 2021, the City was officially
notified that the Lippert Avenue Sidewalk Retrofit Project was approved by the Board of County
Commissioners for CDBG grant funding and would be included within the Final 2021 Kitsap County Action
Plan to the Federal Department of Housing & Urban Development (HUD.) On December 13, 2021, an
Environmental Review for Activity Assessment for the Project was completed by the Kitsap County
Department of Human Services and provided to HUD and on February 2, 2022, the City of Port Orchard
received Agency Service Agreement - Community Development Block Grant No. KC-CFDA #14.218 for the
Lippert Avenue Sidewalk Retrofit Project (Ordinance No. 004-22 Exhibit A) with a summary of the terms
and conditions as follows:
Max. Grant Amount:
Time of Performance
Funds Source
$254,350
1/1/2022 — 6/30/2023
CDBG-HUD
By this action, the Council would authorize the acceptance of the grant funding; project expenditures will
be submitted for separate Council approval in accordance with the City's procurement policies.
Relationship to Comprehensive Plan: Chapter 8—Transportation
Recommendation: Staff recommends that the City Council adopt Ordinance No. 004-22, thereby
authorizing the Mayor to execute Contract No. C034-22 (CDBG No. KC-CFDA #14.218) with the Kitsap
County Department of Human Services for the Lippert Avenue Sidewalk Retrofit Project in the grant
amount of $254,350.
Motion for Consideration: I move to adopt Ordinance No. 004-22, authorizing the Mayor to execute
Contract No. C034-22 (CDBG No. KC-CFDA #14.218) with the Kitsap County Department of Human
Services for the Lippert Avenue Sidewalk Retrofit Project in the grant amount of $254,350.
Fiscal Impact: This grant award will be added to the budgeted local funding for the Project.
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Staff Report 7C
Page 2 of 2
Alternative: Refuse Grant and provide alternative direction.
Attachment: Ordinance No. 004-22 and Exhibit A — Agreement No. KC-CFDA #14.218.
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ORDINANCE NO. 004-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING THE TERMS AND CONDITIONS FOR CONTRACT NO. C034-22
WITH THE KITSAP COUNTY DEPARTMENT OF HUMAN SERVICES —
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FOR THE
LIPPERT AVENUE SIDEWALK RETROFIT PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; PROVIDING FOR SEVERABILITY
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, by the July 23, 2021 application deadline for the Kitsap County Department
of Human Services - Community Development Block Grant (CDBG) Program, the City's Public
Works Department applied for grant funding for the Lippert Avenue Sidewalk Retrofit Project;
and
WHEREAS, on March 24, 2021, the City of Port Orchard Public Works Department was
officially notified that the Lippert Avenue Sidewalk Retrofit Project was approved by the Board
of County Commissioners for CDBG grant funding and would be included within the Final 2021
Kitsap County Action Plan to the Federal Department of Housing & Urban Development (HUD);
and
WHEREAS, an Environmental Review for Activity Assessment for the Project was
completed by the Kitsap County Department of Human Services and provided to HUD on
December 13, 2021; and
WHEREAS, on February 2, 2022, the City of Port Orchard received the Agency Service
Agreement - Community Development Block Grant No. KC-CFDA #14.218 for the Lippert
Avenue Sidewalk Retrofit Project, attached hereto as Exhibit A and incorporated herein by this
reference; and
WHEREAS, the Port Orchard City Council has determined it to be in the best interest of
the City to enter into Contract No. C034-22 with Kitsap County and accept the grant on the
terms and conditions stated therein for the Lippert Avenue Sidewalk Retrofit Project; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council accepts the Kitsap County Department of Human Services -
Community Development Block Grant (CDBG) and authorizes the Mayor's execution of
Contract No. C034-22 with Kitsap County (County Agreement No. KC-CFDA #14.218) for the
Lippert Avenue Sidewalk Retrofit Project.
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Ordinance No. 004-22
Page 2 of 2
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
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 22" d day of February 2022.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Wallace, MMC, City Clerk Fred Chang, Councilmember
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Agreement No.: KC-
CFDA#: 14.218
AGENCY SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AN AGREEMENT, by and between Kitsap County hereinafter referred to as "County"
and, City of Port Orchard hereinafter referred to as "Agency" by which the Agency agrees to
carry out specific activities under Kitsap County's Community Development Block Grant
Program and establishing certain other terms and conditions of operation.
IN ADDITION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, the parties
acknowledge that the following attachments, which are attached to this Agreement, are
expressly incorporated by this reference.
ATTACHMENTS
Attachment A — Budget Summary
Attachment B — Certification Regarding
Responsibility Matters
Attachment C — Certification Regarding
IT IS MUTUALLY AGREED AS FOLLOWS:
Debarment, Suspension, and Other
Lobbying
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
The County, as recipient of a Community Development Block Grant (CDBG) from the
United States Department of Housing and Urban Development (HUD), hereby designates the
Agency to undertake, and the Agency hereby agrees to undertake the activities specifically
described in the application and summarized below:
A. General Statement
CDBG funds will be used to provide sidewalk improvements to improve accessibility and
ADA compliance along Lippert Drive, between Sidney Ave. and Pottery Ave. in the City of
Port Orchard. Grant funds will be used to pay for hard construction costs.
B. Agency Shall:
1. Provide construction start date, schedule and changes to CDBG.
2. Obtain appropriate construction permits as required and inspections.
3. Follow all requirements for compliance with Davis Bacon and related Acts, ensuring
contract with contractor contains all necessary documents and federal wage provisions.
4. Follow HUD and Block Grant office procurement requirements.
5. Notify Block Grant staff immediately of any modifications to proposed project scope or
schedule changes.
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6. Arrange pre -construction meeting with general contractor, the City and Block Grant staff.
7. Oversee construction, act as liaison between general contractor and Block Grant staff
for Davis -Bacon and other federal requirements.
8. Maintain required records and track relevant data to demonstrate project success
9. Submit quarterly reports and billing vouchers in a timely manner.
10. Arrange with Block Grant staff for final inspection.
11. Notify Block Grant staff as soon as possible of project completion for closeout.
SECTION 2. PROJECT DESCRIPTION
Project Name:
Funded Amount:
Action Plan Year:
Type of Project:
Service Area:
Project Address/Location:
National Objective:
Basic Eligible Activity Citation:
Matrix Code:
Project Details
_ Lippert Sidewalk Retrofit
$254,350
2021
Capital
City of Port Orchard
Lippert Drive, between Pottery Ave. and
Sidnev Ave.. Port Orchard. WA 98366
LMA
24 CFR 570.201(c
03L
Strategic Plan Objective and Strategy: Provide essential public facilities and
infrastructure, located in HUD designated
Low -Mod areas.
HUD Performance Measures
HUD Objective of Activity: Suitable Living Environment
HUD Outcome: Availabilit /Accessibilit
Federal Contract Requirements — 2 CFR Part 200
DUNS Number: 81932790
Federal Award Identifier Number FAIN B-21-UC-53-0005
Research or Development Contract: No
Indirect Cost (IDC) Rate for Federal Award:
❑ Approved Rate
❑ De Minimis for IDC Rate
® Not Applicable
SECTION 3. SCHEDULE FOR COMPLETION (specific milestones)
Specific Tasks
Start Datfl
End
Date
CDBG Grant Contract Term Begins 1 1 /1 /22
NEPA Environmental Review Completed 12/13/21
Permits 3/15/22
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Final Plans, Specifications, and Estimate
3/15/22
Bidding
3/25/22
4/26/22
Construction
5/9/22
8/31/22
Close out/Final Inspection
9/5/22
10/31/22
Submit final invoice requesting reimbursement and contract
closeout
11/21/22
1/30/23
SECTION 4. CONDITIONAL COMMITMENT
Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site approval,
and that such commitment of funds or approval may occur only upon satisfactory completion of
environmental reviews and receipt by the County of a release of funds from the U.S.
Department of Housing and Urban Development, if required as determined by the County, and a
notice to proceed from the County. The parties further agree that the provision of any funds to
the project is conditioned on the County's discretionary decision to proceed with, modify or
cancel the project, based on the results of environmental reviews.
The Agency shall not undertake or commit any funds to physical or choice limiting
actions, including acquisition, demolition, movement, rehabilitation, conversions, repair or
construction prior to the environmental clearance. Violation of this Section may result in the
denial of any funds under this Agreement.
SECTION 5. TERM OF AGREEMENT
The term of this Agreement is January 1, 2022 through June 30, 2023 but may be
extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9
(Amendments to Agreement). Should additional time for auditing this project be required, in
accordance with law, this Agreement shall be deemed automatically extended until such time as
the said audit shall be completed. In any event, the term of this Agreement shall cover the
period that the Agency has control over Community Development Block Grant funds, including
program income, or shall cover the Restricted Use period, if applicable.
SECTION 6. PROGRAM REPORTING
The Agency shall submit such reports as required by the County to meet its local
obligations and its obligation to the Department of Housing and Urban Development. The
County will prescribe the report format, as well as the time and location for submission of such
reports. Required reports include, but are not limited to, the following:
(A) Quarterly reports which shall include the progress made to date, or justification for lack of
progress, in providing the services specified in Article I, Section 1 Scope of Services, of
this Agreement according to the schedule for completion in Article 1 Section 3 Schedule
for Completion of this Agreement.
(B) Quarterly reports on demographic, neighborhood residence, and income information
regarding persons assisted by the Agency through this Agreement.
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(C) Close out reports including a final performance report, inventory of all property acquired
or improved with CDBG funds, and final financial report, upon termination or completion
of the award.
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
The County shall reimburse the Agency its allowable costs for the services identified in
this Agreement not to exceed Two hundred fifty-four thousand three hundred fifty dollars
($254,350), upon presentation of a properly executed invoice in a form approved by the County.
Such reimbursement shall constitute full and complete payment by the County under this
Agreement. Allowable costs shall mean those necessary and proper costs identified in the
Agency's application and approved by the County, unless any or all such costs are disallowed
by the State of Washington or the United States.
Any reimbursements made under this Agreement must comply with the applicable
requirements of 2 CFR Part 200, Subpart D. The Agency may not request disbursement of
funds under this Agreement until the funds are needed for payment of eligible costs. The
amount of each request must be limited to the amount needed.
Budget Summary:
See Attachment `A' for Budget Summary
Time of Payment: Payment shall be made upon receipt of reimbursement request voucher
mailed to:
Block Grant Office, Kitsap County Department of Human Services, 345 61" Street Suite
400, Bremerton, WA 98337-1869.
Where Payments Are Made: Payments shall be made to:
City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366.
The Agency shall apply the funds received from the County under this Agreement in
accordance with the Budget Summary outlined in Attachment A. Any line -item expense, by
itself or in combination with other line item expense change, equal to or greater than 10% of the
total budget amount over the life of this Agreement shall require a formal amendment to this
Agreement. Any request for a line -item expense, by itself or in combination with other line item
expense change, equal to or less than 10% of the total budget amount shall be submitted in
writing and shall specifically state the reasons for the requested increase and a justification for
the corresponding decrease in other line-item(s). All budget revision and/or amendment
requests will be reviewed and approved or denied by the County.
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SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
The Agency shall meet the financial management standards in 2 CFR 200 Subpart D. All
costs shall be supported by properly executed payrolls, time records, invoices, vouchers or
other official documentation, as evidence of the nature and propriety of the charges. All
accounting documents pertaining in whole or in part to this Agreement shall be clearly identified
and readily accessible, and upon reasonable notice, the County and United States shall have
the right to audit the records of the Agency as they relate to the work. The Agency shall also:
(A) Maintain an effective system of internal fiscal control and accountability for all CDBG
funds and property acquired or improved with CDBG funds, and make sure the same are
used solely for authorized purposes.
(B) Keep a continuing record of all disbursements by date, check number, amount, vendor,
description of items purchased and line item from which money was expended, as
reflected in the Agency's accounting records. The line item notations must be
substantiated by a receipt, invoice marked "Paid," or payroll record.
(C) Maintain payroll and financial records for a period of six (6) years after receipt of final
payment under this Agreement provided that this program has been monitored by HUD
and the annual State audit (which included the CDBG Program), has been completed. If
HUD has not completed the annual State audit, the records must be retained until such
audit has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by this
Agreement by representatives of the County, the State Auditor, and/or the United States
at any time during normal business hours and as often as necessary.
(E) Inform the County concerning any funds allocated to the Agency, that the Agency
anticipates will not be expended during this Agreement period, and permit reassignment
of the same by the County to other agencies.
(F) Repay to the County any funds in its possession at the time of termination of this
Agreement that may be due to the County or the United States.
(G) Maintain complete records concerning the receipt and use of all program income.
Program income shall be reported on a quarterly basis on forms provided by the County.
(H) Unless stated otherwise herein, all records and reports required under this Agreement
shall be maintained for a minimum of six (6) years, or the Restricted Use period,
whichever is longer.
SECTION 3. REIMBURSEMENT
The County shall reimburse the Agency only for actual incurred costs upon presentation
of a properly executed invoice in a form approved by the County. Only those allowable costs
directly related to the Agency's application, approved by the County shall be paid consistent with
Article II Section 2, Documentation of Costs and Other Financial Reporting. The Amount of
each request must be limited to the amount needed for payment of eligible costs.
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Notwithstanding any other provisions in this section, reimbursement for construction
contracts shall have ten percent (10%) of the payment retained until close out of funds pursuant
to Article IV, Section 12 of this Agreement.
In the event the County or United States determines any funds were expended by the
Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in
any other way, the County or United States may order repayment of the same. The Agency
shall remit the disallowed amount to the County within thirty (30) days of written notification of
the disallowance.
The Agency agrees that funds determined by the County to be surplus upon completion
of this Agreement will be subject to cancellation by the County.
The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to
the County any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
The County shall be relieved of any obligation for payments if funds allocated to the
County cease to be available for any cause other than malfeasance of the County itself.
The County reserves the right to withhold payments pending timely delivery of program
reports or documents as may be required under this Agreement.
SECTION 4. PROGRAM INCOME
Use of any program income received by the Agency with CDBG funds under this
Agreement shall comply with 24 CFR 570.504(c), consistent with the provisions described as
follows:
Program Income will be returned to the County Community Development Block Grant
(CDBG) Program unless specifically authorized below:
❑ This project shall not generate any program income.
❑ This project may generate program income and the Agency is authorized to use program
income.
Program income will be returned to the County CDBG Program on a monthly
basis for deposit in the County's local account.
The funds will be considered additional CDBG funds, subject to all conditions
applicable to the use of funds described in this Agreement and will be included
in an Action Plan and appropriated to the Agency through a contract.
Any program income on hand when this Agreement is terminated, or received after such
termination, shall be reimbursed to the County.
ARTICLE III. FEDERAL CONDITIONS
SECTION 1. BENEFIT TO LOW INCOME PEOPLE
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The activity, as described in Article I. Section 1 of this Agreement shall meet one of the
three CDBG National Objectives as stated in 24 CFR § 570.208. For activities serving
individuals or households, not less than 51 % of all persons served shall be low- and moderate -
income and the individuals or households must qualify under the federal income limits as
established by HUD. Benefit to moderate income persons or households cannot be at the
exclusion of low-income persons or households. The Agency shall maintain records that clearly
document the income range and household size of the individuals or households it serves.
Furthermore, the Agency shall maintain records documenting the race/ethnicity of the individual
or household being served and if they are a female head of household.
SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS
(A) All agencies shall comply with the requirements set forth in 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(B) All agencies are to procure audit services based on 2 CFR Part 200, Subpart F; and
(1) The Agency shall maintain its records and accounts so as to facilitate the audit
requirement and shall ensure that all contractors (performing all or part of the
services under this Agreement under a separate contract with the Agency) also
maintain auditable records.
(2) The Agency is responsible for any audit exceptions incurred by its own
organization or that of its contractors.
(3) Kitsap County reserves the right to recover from the Agency all disallowed costs
resulting from the audit.
(4) Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Agency must respond to Kitsap
County requests for information or corrective action concerning audit issues within
thirty (30) days of the date of request.
SECTION 3. SEPARATION OF CHURCH AND STATE
If the Agency is a faith -based organization, it must comply with 24 CFR § 570.2000) and
24 CFR § 5.109, which specify requirements for participation by faith -based organizations in
HUD programs and activities.
SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING
The Agency shall comply with Executive Order 11246, as amended by Executive Order
12086 and Executive Order 13672, and the regulations issued pursuant thereto (41 CFR
Chapter 60), which provide that no person shall be discriminated against on the basis of race,
color, religion, sex, sexual orientation, gender identity, or national origin, in all phases of
employment during the performance of Federal or federally assisted construction contracts. The
Agency shall take affirmative action to ensure fair treatment in employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay,
or other forms of compensation and selection for training and apprenticeship. The Agency shall
ensure compliance with 24 CFR § 570.601. Specifically, the Agency shall ensure that
provisions as follows are included in all construction contracts awarded in excess of
$10,000 and monitor compliance:
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(A) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(B) The Contractor will send to each labor union or representative of workers with which it
had a collective bargaining agreement or other contract or understanding, a notice to be
provided by the Agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(C) The Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting Agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of such rules, regulations, or orders, this Agreement may be
cancelled, terminated or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(E) The Contractor will include the provisions of Section 202 of Executive Order 11246 of
September 24, 1965, as amended in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of executive Order 11246 of September 24, 1965, as amended so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of such
direction, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
SECTION 5. LOCAL EMPLOYMENT AND PURCHASING
Funding under this Agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 USC 1701 u. the Agency agrees to
comply with provisions of said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable
rules and orders of the Department of Housing and Urban Development issued there under.
The Agency agrees that they are under no contractual or other disability which would prevent
them from complying with these requirements.
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Section 3 of the Housing and Urban Development Act of 1968 requires that to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area and agreements for work in connection with the project be awarded
to business concerns which are located in or owned in substantial part by persons residing in,
the area of the project. Section 3 applies to training, employment, contracting and other
economic opportunities arising in connection with the expenditure of housing assistance and
community development assistance that is used for the following projects: 1. Housing
rehabilitation (including reduction and abatement of lead based paint hazards, but excluding
routine maintenance repair and replacement); 2. Housing construction; and 3. Other public
construction.
SECTION 6. CONFLICT OF INTEREST
The Agency must comply with the conflict -of -interest requirements set forth in 24 CFR §
570.611 and 2 CFR § 200.112, including but not limited to the specific requirements contained
herein. No member, officer, or employee of the Agency, or its designees or agents, no member
of the governing body of the locality in which the program is situated, and no other public official
of such locality or localities who exercises any function or responsibilities with respect to the
program during his tenure or for one year thereafter shall have any interest, direct or indirect, in
this Agreement or any sub -agreement hereto or the proceeds thereof. The Agency shall take
appropriate steps to ensure compliance including incorporation of the following
provision in every subcontract:
The contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the Kitsap County CDBG Program will obtain a
personal or financial interest from the CDBG assisted activity. The contractor further
covenants that it presently has no interest in, nor shall it acquire any interest, direct or
indirect, either for itself or those with whom it has business, or family, which would conflict
in any manner or degree with the performance of his/her services hereunder. The
contractor further covenants that in the performance of this Agreement any potential
conflict, on the part of the contractor or its employees, will be disclosed to the Agency
and the County.
SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT
OF HOUSING
The Agency shall comply with the requirements relating to displacement, relocation,
acquisition and replacement of housing, outlined in 24 CFR § 570.606. The Agency shall take
all reasonable steps to minimize displacement of persons (families, individuals, businesses,
non-profit organizations and farms) as a result of activities assisted with CDBG funds. Any
action by the Agency which may result in the displacement of persons under 24 CFR § 570.606
must receive prior written approval from the County.
SECTION 8. DAVIS BACON AND RELATED ACTS
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The Agency shall comply with the requirements of 24 CFR § 570.603, and the Davis -
Bacon and Related Acts (DBRA), 40 U.S.C. 3141 et. seq., when the contract for construction,
alteration, and/or repair exceeds $2,000, or involves the rehabilitation of property with 8 units or
more, is federally assisted, and involves the employment of laborers and/or mechanics to
perform the work. The Agency shall comply with the Copeland "Anti -Kickback" Act (40 U.S.C.
3145), as supplemented by the Department of Labor regulations, 29 CFR Part 3. For any
agreement in excess of $100,000 that involves the employment of mechanics or laborers, the
Agency shall also comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C.
3701-3708 and 29 CFR Part 5.
SECTION 9. LEAD BASED PAINT
The Agency shall comply with HUD Lead -Based Regulations (24 CFR Part 35, Subparts
A, B, J, K and R), which require elimination, as far as practical, of immediate hazards, due to the
presence of paint in residential structures which may contain lead to which children under six
years of age may be exposed.
SECTION 10. DISCRIMINATION PROHIBITED
(A) In performing under this Agreement, the Agency may not discriminate on a
prohibited basis and must comply with 24 CFR § 570.602 and with 24 CFR Part 6,
which sets forth policies and procedures prohibiting discrimination on the basis of
race, color, national origin, religion or sex in programs and activities funded with
federal financial assistance, 24 CFR Part 8, which sets forth policies and
procedures prohibiting discrimination on the basis of disability in programs and
activities funded with federal financial assistance, and 24 CFR Part 146, which
sets forth policies and procedures prohibiting discrimination on the basis of age in
programs and activities funded with federal financial assistance.
(B) Any authorized Agency subcontract (or other assignment of rights or delegation of duties)
must include appropriate and legally binding safeguards against discrimination consistent
with the requirements of this section.
SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
The Agency shall meet the requirements, where applicable, of the Architectural Barriers
Act and the Americans with Disabilities Act, as set forth in 24 CFR § 570.614. A building or
facility designed, constructed, or altered with funds allocated or reallocated under the CDBG
program after December 11, 1995 and that meets the definition of "residential structure" as
defined in 24 CFR Part 40.2 or the definition of "building" as defined in 41 CFR Part 101-
19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR
Part 40 for residential structures, and Appendix A to 41 CFR Part 101-19, Subpart 101-19.6, for
general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC
155, 201, 218 and 255) requires that the design and construction of facilities for first occupancy
after January 26, 1993 must include measures to make them readily accessible and usable by
individuals with disabilities. The ADA further requires the removal of architectural barriers and
communication barriers that are structural in nature in existing facilities, where such removal is
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readily achievable -- that is, easily accomplishable and able to be carried out without much
difficulty or expense.
SECTION 12. FLOOD DISASTER PROTECTION.
The Agency agrees to comply with section 202(a) of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4106) and the regulations in 44 CFR Parts 59 through 79.
SECTION 13. REVERSION OF ASSETS.
In accordance with 24 CFR § 570.503(b)(7), upon the expiration of this Agreement,
Agency agrees to transfer to the County any CDBG funds on hand at the time of expiration and
any accounts receivable attributable to CDBG funds. Agency shall also ensure that any real
property under Agency's control that was acquired or improved with CDBG funds, including
loaned funds, in excess of $25,000 is either
(a) used to meet one of the national objectives set forth in 24 CFR § 570.208 until five (5)
years after the expiration of this Agreement, or such longer time as determined by the
County; or
(b) if not used in accordance with subsection (a) above, Agency agrees to pay the County
an amount equal to the current market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property. Such payment shall be treated as program income by
the County. However, no such payment is due after the period of time specified in
subsection (a) above.
SECTION 14. DEBARMENT AND SUSPENSION.
The Agency agrees to certify that it is not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal department or agency in
accordance with Executive Orders 12549 and 12689, 2 CFR Part 2424.
SECTION 15. OTHER PROGRAM REQUIREMENTS
(A) The Agency shall carry out each activity in compliance with all Federal laws and
regulations described in Subpart K of 24 CFR Part 570, regardless of whether the law is
specifically stated in this Agreement, except that:
(1) The Agency does not assume the County's environmental responsibilities
described in 24 CFR § 570.604; and
(2) The Agency does not assume the County's responsibility for initiating the review
process under Executive Order 12372.
(B) For Agreements in excess of $150,000, the Agency agrees to comply with the Clean Air
Act, 42 U.S.C.7401-7671q, and the Federal Water Pollution Control Act, 22 U.S.C. 1251-1387.
(C) The Agency agrees to comply with the Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352,
where applicable.
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(D) If this Agreement involves the acquisition or improvement of real property or equipment,
the Agency agrees to comply with the provisions of 2 CFR § 200.310 — 200.316.
ARTICLE IV: GENERAL CONDITIONS
SECTION 1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all applicable
Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by
the U.S. Department of Housing and Urban Development, including, but not limited to, Federal
Community Development Block Grant Regulations and other policies and guidelines established
for the Kitsap County CDBG Program by the Kitsap County Board of Commissioners. The
Agency agrees to comply with all provisions of the Americans with Disabilities Act and all
regulations interpreting or enforcing such act.
In addition, where applicable the following requirements must be met: (1) Compliance
with the Copeland "Anti -Kickback" Act for any contract or subcontract in excess of $2000 for
construction or repair (18 U.S.C. 874 and 40 U.S.C. 276c as supplemented by 29 CFR Part 3);
(2) Contract Work Hours and Safety Standards Act for any contracts in excess of $2000 for
construction or contracts in excess of $2500 that involve the employment of mechanics or
laborers (40 U.S.C. 327 — 333, as supplemented by 29 CFR Part 5); (3) contracts or
agreements for the performance of experimental, developmental, or research work include the
rights of the Federal Government and recipient in any resulting invention in accordance with 37
CFR Part 401; (4) for contracts in excess of $100,000, the Agency must comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401
et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.); (5)
all agencies must comply with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701); and (6) for
construction projects, all agencies must comply with, including subcontractors, the Federal
Labor Standards Provisions, as issued by the U.S. Department of Housing and Urban
Development.
SECTION 2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary, all
applicable Federal, State, County or Municipal standards for licensing, certification and
operation of facilities and programs, and accreditation and licensing, certification and operation
of facilities and programs, and accreditation and licensing of individuals, and any other
standards or criteria as described in this Agreement to ensure quality of services.
SECTION 3. INSURANCE
Prior to commencing work, Agency shall procure and maintain at Agency's own cost and
expense for the duration of this Agreement the following insurance placed with insurers with a
minimum Best's rating of A-, VI against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work or services hereunder
by the Agency, its agents, representatives, employees or subcontractors.
Minimum Limits of Insurance. Agency shall maintain limits no less than:
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• Commercial General Liability: One million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury and property damage, and two million dollars
($2,000,000) aggregate. Coverage shall be on an "occurrence" basis.
• Comprehensive Automobile Liability Insurance: One million dollars ($1,000,000)
combined single limit per accident for bodily injury/property damage. Coverage will
include owned, hired, and non -owned vehicles.
• Workers' Compensation and Employer's Liability: Workers' Compensation coverage as
required by Title 51, Revised Code of Washington.
• Professional Liability Errors and Omissions: In the event that services delivered pursuant
to this contract either directly or indirectly involve or require professional services the
Agency will provide professional liability errors and omissions coverage with a minimum
limit of $1,000,000 per claim and in the aggregate.
Miscellaneous Insurance Provisions
Agency's Insurance is Primary: The Agency's liability insurance provisions will be
primary with respect to any insurance or self-insurance programs covering the County, its
elected and appointed officers, officials, employees and agents.
Additional Insured: The Agency's commercial general liability and automobile liability
insurance (if applicable) will include the County, its officers, officials, employees, and
agents as additional insured, without limitation, with respect to performance under the
contract.
Evidence of Agency's Insurance shall be presented to Kitsap County Department of
Human Services prior to the execution of this Agreement. In the event of non -renewal,
cancellation, or material change in coverage, thirty (30) days written notice will be
furnished to the County prior to the date of cancellation, non -renewal or change. Written
notice of cancellation or change will be mailed to the County at the following address:
Kitsap County Department of Human Services
Block Grant Program
345 6th Street, Suite 400
Bremerton, WA 98337
Upon receipt, the Human Services Department will ensure submission of all insurance
documentation to the Risk Management Division, Kitsap County Department of
Administrative Services.
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SECTION 4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the County, its appointed
and elected officers and employees from and against any and all liability, loss, costs, damage
and expense, including costs and attorney fees in defense thereof because of actions, claims or
lawsuits for damages resulting from personal or bodily injury, including death at any time
resulting therefrom, sustained or alleged to have been sustained by any person or persons and
on account of damage to property, arising or alleged to have arisen directly or indirectly out of or
in consequence of the performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of the Agency, its officers, employees, volunteers,
subcontractors, agents, successor, or assigns. This indemnification will also apply to any claims
arising out of the Agency's non-compliance with federal regulations, as required under this
Agreement. This provision shall be inapplicable to the extent the County is judicially found solely
negligent for such damage or injury.
Solely for the purposes of this provision, Agency waives its immunity under Title 51
(Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver
was mutually negotiated by the parties.
SECTION 5. NOTICES
Any notices required or permitted to be given shall be in writing and delivered to the
following parties at the following addresses:
County: Agency:
Kitsap County Dept. of Human Services City of Port Orchard
Block Grant Program Dept. of Public Works
345 6t" Street, Suite 400 216 Prospect St.
Bremerton, WA 98337-1869 Port Orchard, WA 98366
SECTION 6. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided within
the terms of this Agreement without obtaining prior written approval from the County. All terms
and conditions of this Agreement shall apply to any approved subcontract or assignment related
to this Agreement.
SECTION 7. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of this
Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at any time be taken to be a waiver of any other breach.
SECTION 8. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
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SECTION 9. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any dispute or claim arising out of or in
relation to this Agreement through negotiations between representatives with authority to settle
the relevant dispute. If the dispute cannot be settled amicably within fourteen days from the
date on which either party has served written notice on the other of the dispute, then the
remaining provisions of this Agreement, including remedies for non-compliance and termination
shall apply.
SECTION 10. FAILURE TO PERFORM
In the event of a failure by the Agency to comply with any terms or conditions of this
Agreement or to provide in any manner the activities or other performance as agreed to herein,
the County reserves the right to temporarily withhold all or any part of payment pending
correction of the deficiency, suspend all or part of this Agreement, or prohibit the Agency from
incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the
County's right to terminate, as provided in Article IV Section 11 of this Agreement. The County
may consider performance under this Agreement when considering future awards.
SECTION 11. SUSPENSION AND TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement, the County
may pursue such remedies as are available in accordance with Article IV Section 10, and/or
terminate this Agreement under the following terms:
(A) Termination for Cause — If the Agency fails to comply with the terms and conditions of
this Agreement, and any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement are of such scope
and nature that the County deems continuation of this Agreement to be
substantially non -beneficial to the public interest;
(2) The Agency has failed to take satisfactory corrective action as directed by the
County or its authorized representative within the time specified by same; or
(3) The Agency has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Agreement;
then the County may terminate this Agreement in whole or in part, and thereupon shall
notify in writing the Agency of the termination, the reasons therefor, and the effective date. The
effective date shall not be prior to notification of the termination by the County to the Agency.
Costs resulting from obligations incurred by the Agency after termination of this Agreement are
not allowable unless specifically authorized in writing by the County.
(B) Termination for Convenience
This Agreement may be terminated for convenience, in whole or in part, as follows:
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(1) By the County with the consent of the Agency. The two parties shall agree upon
the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated, or
(2) By the Agency upon submitting written notification to the County. The written
notification must set forth the reasons for the termination, the effective date, and in
the case of partial termination, the portion to be terminated. However, in the case
of a proposed partial termination, the County may terminate the award in its
entirety if the County determines that the remaining portion will not accomplish the
purpose for which the award was made.
(C) Termination for Withdrawal, Reduction or Limitation of Fundin
In the event that funding from the Federal government is withdrawn, reduced, or limited in
any way after the effective date of this Agreement and prior to its normal completion, the
County may summarily terminate this Agreement as to the funds reduced or limited,
notwithstanding any other termination provision of this Agreement. If the level of funding
so reduced or limited is so great that Kitsap County deems that the continuation of the
program covered by this Agreement is no longer in the best interest of the public, the
County may summarily terminate this Agreement in whole notwithstanding any other
termination provisions of this Agreement. Termination under this Section shall be
effective upon receipt of written notice by the Agency or its representative.
SECTION 12. CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including
completion of the project, the following provisions shall apply:
(A) Upon written request by the Agency, the County shall make or arrange for payment to the
Agency of allowable reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this Agreement, and
in addition, will cooperate in a program audit by the County or its designee; and
(C) Closeout of funds will not occur unless all requirements of 2 CFR Part 200 Subpart D and
all outstanding issues with the general contractor and or subcontractor have been
resolved to the satisfaction of the County.
SECTION 13. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this
Agreement or any provisions thereof shall be instituted only in the Superior Court of the State of
Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall
be governed by the laws of the State of Washington, both as to interpretation and performance.
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SECTION 14. SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of this
Agreement is held by the courts to be illegal or in conflict with any law of the state where made,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Agreement did not contain
the particular part, term, or provision held to be invalid.
SECTION 15. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between the
parties and both parties acknowledge that there are no other agreements, written or oral, that
have not been fully set forth in the text of this Agreement.
Dated this day of , 2022. Dated this day of , 2022.
AGENCY: KITSAP COUNTY
City of Port Orchard
Mayor, Robert Putaansuu KAREN GOON, County Administrator
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INDEX TO CDBG AGREEMENT
Article I. Project
1.
Scope of Services
2.
Project Description
3.
Schedule of Completion
4.
Conditional Commitment
5.
Term of Agreement
6.
Program Reporting
Article II. Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
4. Program Income
Article III. Federal Conditions
1. Benefit to Low Income People
2. Uniform Administrative Requirements
3. Separation of Church and State
4. Non -Discrimination in Employment and Purchasing
5. Local Employment and Purchasing
6. Conflict of Interest
7. Displacement, Relocation, Acquisition and Replacement of Housing
8. Davis Bacon and Related Act
9. Lead Based Paint
10. Discrimination Prohibited
11. Architectural Barriers Act/Americans with Disabilities Act
12. Flood Disaster Protection
13. Reversion of Assets
14. Debarment and Suspension
15. Other Program Requirements
Article IV. General Conditions
1. Compliance with Laws
2. Licensing and Program Standards
3. Insurance
4. Indemnity
5. Notices
6. Assignment and Subcontracting
7. Reservation of Rights
8. Amendments to Agreement
9. Dispute Resolution
10. Failure to Perform
11. Suspension and Termination
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12.
Close -Out
13.
Venue and Choice of Law
14.
Severability Clause
15.
Integrated Document
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Attachment A — Budget Summary — City of Port Orchard, Lippert Sidewalk Retrofit
PROJECT COSTS
Total
County CDBG
Other
All Funds
Funds
Funds
PERSONNEL, including
managers, staff, salaries,
benefits and taxes.
AMOUNT
$ 3,228
$
$ 3,228
SUPPLIES/EQUIPMENT,
including office supplies, office
equipment if approved.
AMOUNT
$
$
$
ADMINISTRATION including
occupancy (building & grounds),
advertising, audit,
insurance/bonds, postage,
rent/utilities, communication,
training, travel, transportation
AMOUNT
$
$
$
ACQUISITION COSTS
AMOUNT
$
$
$
DEVELOPMENT SOFT COSTS
including appraisal, design and
A&E, processing/settlement and
financing, marketing, operating
reserve, professional fees and
contract services
AMOUNT
$ 38,500
$
$ 38,500
DEVELOPMENT HARD
COSTS, including
clearance/demolition,
construction, rehabilitation and
improvements.
AMOUNT
$ 778,272
$ 254,350
$ 523,922
OTHER COSTS, as approved
including:
AMOUNT
$
$
$
TOTAL PROJECT COSTS
$ 820,000
$ 254,350
$ 565,650
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ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
Primary Covered Transactions 24 CFR PART 24
The Agency certifies to the best of its knowledge and belief, that it and its
principles:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any Federal
department or agency;
b. Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connections with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statement, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charges by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1.b. of
this certification; and
d. Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. Where the Agency is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to
this proposal.
This Certification is executed by the person(s) signing below who warrant they
have authority to execute this Certification.
AGENCY: City of Port Orchard
Mayor, Robert Putaansuu
Date
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ATTACHMENT C
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and beliefs, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
AGENCY: City of Port Orchard
Mayor, Robert Putaansuu
Date
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22
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7D
Adoption of a Resolution Granting an
Easement to the Citv of Bremerton for
Meeting Date:
Prepared by:
the McCormick Village Park Water Atty Routing No.:
Facilities Atty Review Date
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February 22, 2022
Mark Dorsey, P.E.
Public Works Director
366922.0009 — PW
February 13, 2022
Summary: On February 20, 2014, South Kitsap Fire and Rescue granted a Permanent Access and Utility
Easement to the City of Port Orchard for the purpose of constructing, operating and maintaining a
shared permanent entry road and underground utility services as needed and in association with the
pending McCormick Park Development Project. As part of the 2014 McCormick Village Park Development
Project, an 8-inch water distribution main and fire hydrant serving the Project was constructed within
the Permanent Access and Utility Easement mention above and on City owned property. On November
21, 2019, the City of Port Orchard and the City of Bremerton entered into an Interlocal Agreement
(C077-19) for the Purchase and Sale of Assets within the 580 Zone, whereby one of the Conditions of the
Agreement required the existing 8-inch water distribution main and fire hydrant serving McCormick
Village Park Development Project within the City of Bremerton's Water Retail Service Area to be
conveyed to the City of Bremerton in accordance with the Kitsap County Coordinated Water System
Plan. By this Resolution, the City Council would authorize the Mayor to execute a 15-ft wide perpetual
easement for water utilities to effectuate the terms of the City's ILA with the City of Bremerton.
Relationship to Comprehensive Plan: Chapter 7 — Utilities
Recommendation: Staff recommends adoption of Resolution No. 019-22, thereby authorizing the Mayor
to grant a 15-ft wide perpetual easement for Water Utilities to the City of Bremerton for the McCormick
Village Park water facilities located on City owned property.
Motion for Consideration: I move to adopt Resolution No. 019-22, authorizing the Mayor to grant a 15-
ft wide perpetual easement for Water Utilities to the City of Bremerton for the McCormick Village Park
water facilities located on City owned property.
Alternatives: None
Fiscal Impact: None
Attachments: Resolution 019-22 and Easement for Water Utilities.
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RESOLUTION NO. 019-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO GRANT A 15-FT WIDE PERPETUAL EASEMENT FOR WATER
UTILITIES TO THE CITY OF BREMERTON FOR THE MCCORMICK VILLAGE PARK
WATER FACILITIES LOCATED ON CITY PROPERTY, BUT LOCATED WITHIN THE
CITY OF BREMERTON WATER RETAIL SERVICE AREA.
WHEREAS, on February 20, 2014, South Kitsap Fire and Rescue granted a Permanent
Access and Utility Easement to the City of Port Orchard (AFN No. 201402200181) for the
purpose of constructing, operating and maintaining a shared permanent entry road and
underground utility services (water, sanitary sewer, storm drainage, power, phone & cable) as
needed and in association with the pending McCormick Park Development Project; and
WHEREAS, as part of the 2014 McCormick Village Park Development Project — Phase I
Grading and Utility Improvements, an 8-inch water distribution main and fire hydrant serving
the Project was constructed 1) within the Permanent Access and Utility Easement mention
above and 2) on City -Owned property; and
WHEREAS, on November 21, 2019, the City of Port Orchard and the City of Bremerton
entered into an Interlocal Agreement for the Purchase and Sale of Assets within the 580 Zone,
whereby one of the Conditions of the Agreement required the existing 8-inch water distribution
main and fire hydrant serving McCormick Village Park Development Project within the City of
Bremerton's Water Retail Service Area to be conveyed to the City of Bremerton in accordance
with the Kitsap County Coordinated Water System Plan; and
WHEREAS, the grant of easements over and across City -owned property requires
authorization by the City Council; and
WHEREAS, the City Council desires to grant an easement to the City of Bremerton to
effectuate the terms of the aforementioned Agreement; and
WHEREAS, the City Council finds that the grant of the requested easement is in the best
interests of the residents of Port Orchard; 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 the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a
15-ft wide perpetual Easement for Water Utilities with the City of Bremerton for the
McCormick Village Park Water Facilities, in a form acceptable to the City Attorney.
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Resolution No. 019-22
Page 2of2
THAT: This 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 Clerk in authentication of such passage this 22nd day of February 2022.
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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After Recording, Retum to:
Brandy Rinearson
City Clerk
City of Port Orchard
EASEMENT FOR WATER UTILITIES
THIS EASEMENT FOR WATER UTILITIES ("Agreement") is made this day of
2022 ("Effective Date"), by and between CITY OF PORT ORCHARD, a
Washington municipal corporation ("Grantor"), and CITY OF BREMERTON, a municipal
corporation ("Grantee").
RECITALS
A. Grantor is the owner of the parcel of land Kitsap County Tax parcel no. 042304-3-
012-2004 ("Property"), legally described on Exhibit A attached hereto and incorporated herein.
B. Grantee desires to obtain, and Grantor wishes to convey, an easement for a water
pipeline utility ("Water Facilities") over, through, under, across upon and in a portion of the
Property, as legally described and depicted on Exhibits B and C, attached hereto and incorporated
herein (the "Easement Area").
C. Grantor has determined that maintenance of the Water Facilities will improve
access to and reliability of water utilities and, therefore, that grant of the Easement, as defined
below, to Grantee pursuant to the terms of this Agreement, will benefit Grantor.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
agreements set forth below and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Grant of Easement. The Grantor does hereby grant to Grantee, its successors and assigns,
an easement over, through, under, across, upon and in the Easement Area (the
"Easement"). The Easement is for the purpose of construction, operation, maintenance,
repair, and/or replacement of the Water Facilities and appurtenances thereto, together with
a nonexclusive right of ingress and egress to and from said easement for all purposes
necessary and related thereto.
151521381.2
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2. Grantee's Use of the Easement Areas.
a. Grantee shall notify Grantor at least twenty-four (24) hours prior to commencement
or continuation of any construction, maintenance, inspection, repair, replacement,
or removal of the Water Facilities or any such activity within the Easement Areas
("Construction Notice"), and such Construction Notice shall identify the nature of
such activity and the date that such activity will commence. Grantee shall provide
such Construction Notice to Grantor in writing by email to the Public Works
Operations Manager.
b. Grantee shall perform all work in the Easement Areas in conformity with the laws,
rules, codes and ordinances of the City of Lakewood and any other governmental
entities with jurisdiction, and Grantee shall be solely responsible for any
modifications, relocation or other alterations to the Water Facilities which are
required by any such governmental entities at any time after the date hereof.
c. Grantee's entry upon and any work to be performed by Grantee on the Property
shall be completed in a good and workmanlike manner, free of claims or liens, and
Grantee shall minimize, and avoid to the extent commercially reasonable,
interference with Grantor's use of the Property.
3. Grantor's Use of the Easement. Areas. Grantor shall retain the right to use the Easement
Areas in any way that Grantor chooses; provided, however, that Grantor's use of the
Easement Areas shall not interfere with the Work or the installation, maintenance, or
operation of the Water Facilities, and Grantor, its heirs and assigns, agree to refrain from
constructing or maintaining any structures (such as buildings and appurtenances, sheds,
carports, above or underground vaults or manholes, or large utility lines), allow substantial
vegetation, or allow any items or debris in the Easement Areas that would prohibit Grantee
the full use and enjoyment of said Easement.
4. No Obligation by Grantor. Grantee shall maintain ownership of the Water Facilities and
shall be required to maintain, repair, and replace such Water Facilities at such time that it
is reasonably necessary for the continued function of the Water Facilities and in accordance
with this Agreement. For the avoidance of doubt, Grantor shall have no obligation to incur
any cost or expense in connection with the Easement Areas or the Water Facilities or
provide any services to the Easement Areas or Water Facilities for the benefit of Grantee.
5. Easement Granted "AS -IS". Grantee hereby accepts the Easement Areas and the
Easements "AS IS" as the Easement Areas and the Easements presently exist, and
understands and agrees that Grantor has made no representations or warranty with respect
to the title or condition of the Easement Areas or Easements, or the suitability or fitness of
same for any particular purpose.
6. Indemnification. The Grantee will indemnify, defend and hold harmless Grantor, and its
successors and assigns, from all claims, liability, loss, damage, expense and actions,
including for injury to person or property, death, court costs, and reasonably incurred
attorney's fees, whether or not a lawsuit is instituted, asserted against, or incurred by
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Grantor, that arise directly or indirectly as a result of the acts or omissions of Grantee, its
agents, contractors, tenants, invitees, licensees, and employees in the use, construction,
operation or maintenance of the Water Facilities, use or occupancy of the Easement Areas,
and in any other exercise of Grantee's rights hereunder, including to the full extent
permitted by RCW 4.24.115, to the extent the same is applicable, any such liability, loss,
damage, expense, action, or claim arising directly or indirectly from the concurrent
negligence of Grantor or its employees, contractors, agents, tenants, invitees, or licensees.
Notwithstanding the foregoing, this paragraph 10 shall not apply to any liability, loss,
damage, expense, action or claim, including court costs and reasonable attorney's fees,
caused by or resulting solely from the gross negligence or willful misconduct of Grantor
or its employees, agents, contractors, tenants, invitees or licensees.
7. Insurance. At any time that Grantee is performing construction activities on the Easement
Areas or the Easements, Grantee shall maintain and shall cause its agents to maintain
commercial general liability insurance against any loss, liability or damage on, about or
relating to Grantor's activities involving the Easements or involving the Easement Areas
with limits of not less than $2,000,000 combined single limit, per occurrence and in the
aggregate, and containing a deductible or self -insured retention of not more than $10,000.
The insurance shall name Grantor as an additional insured. The insurance shall (a) be
written by a company having a financial rating of at least "VIII" and a general policy
holder's rating of "A," as rated in the most current Best's Key Rating Guide Property —
Casualty, (b) have attached thereto an endorsement that such policy shall not be cancelled
or materially changed without thirty (30) days prior written notice to the other party, (c)
provide for severability of interests, and (d) provide that any act or omission of one of the
insureds or additional insureds which would void or otherwise reduce coverage shall not
reduce or void the coverage as to the additional insured. Grantee shall deliver a certificate
of insurance for the insurance policy required under this paragraph to Grantor prior to any
currently proposed or future work taking place in the Easement Areas or the Easements.
8. Miscellaneous. This Agreement constitutes the entire understanding and agreement of the
parties with respect to its subject matter and supersedes any prior agreements,
understandings or representations with respect to its subject matter. This Agreement will
be governed by, interpreted under, and construed and enforced in accordance with the laws
of the State of Washington. The parties irrevocably commit to exclusive jurisdiction and
venue in Kitsap County Superior Court. The invalidity, illegality or unenforceability of
any provision of this Agreement shall not affect any other provisions of this Agreement,
all of which shall remain in full force and effect. No delay or failure by any party to
exercise any right hereunder shall constitute a waiver of that or any other right, unless
otherwise expressly provided herein. This Agreement may be executed in counterparts,
each of which shall be deemed an original part and all of which together shall constitute a
single agreement. Grantor and Grantee do not intend, and this Agreement shall not be
construed, to create any third -party beneficiary rights or remedies. Grantee shall not assign
or transfer its rights and obligations under this Agreement.
9. Notices. Notices or demands shall be in writing, shall be delivered by courier, in person,
sent by nationally recognized overnight delivery service with signature required, or
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delivered via electronic mail (email), and shall be deemed given and received upon actual
delivery. Any notice delivered by email shall request a receipt thereof confirmed by email
and shall be followed by personal or mail delivery of such correspondence. Either party
may change its address by upon written notice. Until notified of a different address, all
notices shall be addressed to the parties as follows:
If to Grantor:
If to Grantee:
DATED this day of
CITY OF PORT ORCHARD
GRANTOR
Rob Putannsuu, Mayor
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STATE OF WASHINGTON )
)ss.
COUNTY OF KITSAP )
On this day personally appeared before me to me known to
be the individual or individuals described herein and who executed the within and foregoing
instrument, and acknowledge that he/she/they executed said instrument as his/her/their free and
voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of
(Print Name
NOTARY PUBLIC in and
for the State of Washington,
residing at
My Commission expires:
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EXHIBIT A
RESULTANT PARCEL E OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S
FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON, BEING RESULTANT PARCEL 1 OF BOUNDARY LINE
ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201403270172, IN VOLUME 79
OF SURVEYS, PAGES 5 - 7, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 5, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON; AND A PORTION OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON; AND A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION
5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON
Page 59 of 221
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EXHIBIT B
November 3, 2021
LEGAL DESCRIPTION
FOR
CITY OF BREMERTON
CITY OF BREMERTON WATER EASEMENT FROM CITY OF PORT ORCHARD
That portion of Revised Parcel E, Boundary Line Adjustment No. LU16-BLA-05, recorded
under Recording Number 201610250060, records of Kitsap County, Washington, being a part of the
Southwest quarter of the Southwest quarter of Section 4 and the Southeast quarter of the Southeast
quarter of Section 5, all being in Township 23 North, Range 1 East, W. M., described as follows:
A strip of land 15.00 feet in width, lying 7.50 feet on each side of the following described
centerline;
COMMENCING at the most Southeasterly corner common to said Parcel II, Boundary Line
Adjustment No. L-1070, recorded under Recording Number 201403c270172, records of Kitsap
County, Washington, and said Revised Parcel E;
Thence N 02040'41 " E along a Westerly line of said Revised Parcel E and the Easterly line of
said Parcel II common thereto, departing said Northerly margin, a distance of 212.72 feet to a point
designated as "Point A" for the purposes of this description;
Thence continuing N 02°40'41" E along said common line, a distance of 22.93 feet to the
TRUE POINT OF BEGINNING of the herein described centerline;
Thence N 36'1607" E, departing said common line, a distance of 23.19 feet to a point
designated as "Point B" for the purposes of this description;
Thence continuing N 36016'07" E a distance of 23.09 feet to the TERMINUS of the herein
described centerline;
The sidelines of said strip of land are to be lengthened or shortened in order to close upon
the Southerly and Westerly lines of said Revised Parcel E and the Northerly and Easterly lines of said
Parcel II common thereto;
TOGETHER WITH a strip of land 24.00 feet in width, lying 12.00 feet on each side of the
following described centerline;
COMMENCING at the aforementioned "Point A";
21119 City of Bremerton Water Easement
from Port Orchard_ 2021-11-03.docx
Page 1 of 2
Prepared by:
Checked by:
e GOLDSMITH
LAND DEVELOPMENT SERVICES
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Thence S 53043'53" E a distance of 14.52 feet to the TERMINUS of the herein described
centerline;
The sidelines of said strip of land are to be lengthened or shortened in order to close upon
the Westerly line of said Revised Parcel E and the Easterly line of said Parcel II common thereto;
AND TOGETHER WITH a strip of land 15.00 feet in width, lying 7.50 feet on each side of the
following described centerline;
COMMENCING at the aforementioned "Point B";
Thence N 53°43'53" W a distance of 17.85 feet to the TERMINUS of the herein described
centerline;
The herein described easement area contains 1,195 square feet, more or less.
21119 City of Bremerton Water Easement
from Port Orchard_ 2021-11-03.docx
Page 2 of 2
Prepared by:
Checked by: �O
NY
xv, ov
I
GOLDSMITH
LAND DEVELOPMENT SERVICES
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EXHIBIT C
SW 1/4, SW 1/4 SECTION 4 AND SE 1/4, SE 1/4 SECTION 5
ALL IN TOWNSHIP 23 N, RANGE 1 E, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
0 150 300 600
SCALE: 1" = 300'
REVISED PARCEL E
BOUNDARY LINE ADJUSTMENT
NO. LU16-BLA-05
RECORDING NO. 201610250060
0051� 0
k QOpF Q`���041
D�
PARCEL II
CITY OF PORT ORCHARD WATER EASEMENT
BOUNDARY LINE AREA = 195 SF
ADJUSTMENT NO. L-1070 1,/
RECORDING NO. 201403270172 f
r
c�r�E POINT OF
COMMENCEMENT _
- - OLD CLIFTON RD.- -
IS GOLDSMITH
LAND DEVELOPMENT SERVICES
PO Box 3565, Bellevue, WA 98004 T 425 462 1080 F 425 462 T719
�BY: EMALM I APR: Lh
PLOTFED: 2021 /11103 11:31
91
JOB NO: 211
WATER EASEMENT
FOR 1 /2
CITY OF BREMERTON
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EXHIBIT C
SW 1/4, SW 1/4 SECTION 4 AND SE 1/4, SE 1/4 SECTION 5
ALL IN TOWNSHIP 23 N, RANGE 1 E, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
TRUE POINT
OF BEGINNING
NO2°40'41 "E
22.93
0 20 40 80 POINT "A"
SCALE: 1 " = 40'
PARCEL II
CITY OF PORT ORCHARD BOUNDARY LINE
ADJUSTMENT NO. L-1070
RECORDING NO. 201403270172
GJ�
0
0-10
N
rn
N
N
w
0
0
z
17.85
POINT "B"
ryeb.
I�
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S53°43'53"E
14.52
F ,
N
REVISED PARCEL E
BOUNDARY LINE ADJUSTMENT
NO. LU16-BLA-05
RECORDING NO. 201610250060
QPP �dA2 FP
-t 0� ok q'
aye
o0
POINT OF COMMENCEMENT
(SOUTHEAST CORNER OF
PARCEL II)
OLD CLIFTON RD-
DGOLDSMITH JOB NO:21119
LAND DEVELOPMENT SERVICES WATER EASEMENT
PO Box 3565. Bellevue, WA 98004 T 425 462 1060 F 425 462 7719 FOR 2/2
3Y: EMAPLOTTED:
APR: L�IYQU IST CITY O F B R E M E RTO N L L
Pl..[]TT�D: 2021 /11103 11:31 EMAI_M
Page 63 of 221
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AN
n .1 iYn_ I w' laW
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7E
Agenda Staff Report
Subject: Adoption of a Resolution Approving a
Contract with Murraysmith, Inc. for the
2023 General Sewer Plan Update for the
City's Sanitary Sewer System and
Documenting Procurement Procedures
Meeting Date: February 22, 2022
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No.
Atty Review Date
366922-0014 — Sewer
February 18, 2022
Summary: On January 13, 2022, the City's Public Works Department selected three (3) qualified firms
from the current MRSC Professional Services Roster for the Main Category; Engineering Services and
Sub -Category; Sewer System Planning and Design for the 2023 General Sewer Plan (GSP) Update. By
January 18, 2022, Public Works Staff reviewed and scored the Statements of Qualification (SOQ) and
notified Murraysmith, Inc. that they were selected as the most qualified for the GSP Update. On January
20, 2022, Public Works Staff met with Murraysmith, Inc. to clarify the project scope and on February 7,
2022, the City received a viable Scope of Work and Budget in an amount not to exceed $117,272 for the
2023 General Sewer Plan Update for the City's Sanitary Sewer System.
Relationship to Comprehensive Plan: Chapter 7 — Utilities (Sanitary Sewer)
Recommendation: Staff recommends adoption of Resolution No. 011-22, thereby authorizing the Mayor
to execute Contract No. CO29-22 with Murraysmith, Inc. in the amount of $117,272 for the 2023 General
Sewer Plan Update for the City's Sanitary Sewer System and documenting procurement procedures.
Motion for Consideration: I move to adopt Resolution No. 011-22, authorizing the Mayor to execute
Contract No. CO29-22 with Murraysmith, Inc. in the amount of $117,272 for the 2023 General Sewer
Plan Update for the City's Sanitary Sewer System and documenting procurement procedures.
Fiscal Impact: Funding of $100K allocated for this task with the approved 2021-2022 Biennial Budget. A
Budget Amendment may be required.
Alternatives: None
Attachments: Resolution No. 011-22 and Contract No. CO29-22 (dated 2/7/2022).
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RESOLUTION NO. 011-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. CO29-22 WITH MURRAYSMITH, INC.
FOR 2023 GENERAL SEWER PLAN UPDATE FOR THE CITY'S SANITARY SEWER
SYSTEM AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department
annually publishes a general Request for Qualifications (RFQ) for professional engineering,
surveying, architecture, structural design and related services for a Professional Services Roster;
and
WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant
Roster database, whereby MRSC publishes annually on the City's behalf, the general Request
for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design
and related services for the Professional Services Roster; and
WHEREAS, the City utilizes a professional engineering firm to provide Comprehensive
Plan Updates for the City's Sanitary Sewer System; and
WHEREAS, on January 13, 2022, the City of Port Orchard Public Works Department
selected three (3) qualified firms from the MRSC's current Professional Services Roster for the
Main Category; Engineering Services and Sub -Category; Sewer System Planning and Design; and
WHEREAS, by January 18, 2022, Public Works Staff reviewed and scored the three (3)
Statement of Qualifications and on that same date, Staff notified Murraysmith, Inc. that they
had been selected for the 2022 General Sewer Plan Update, being determined as the most
qualified professional services engineering firm, subject to Council approval; and
WHEREAS, on January 20, 2022, a meeting with Murraysmith, Inc. was held to clarify
Project Scope; and
WHEREAS, on February 7, 2022, the City's Public Works Department received a viable
Project Understanding (Scope and Budget) from Murraysmith, Inc.; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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Resolution No. 011-22
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 authorizes the Mayor to execute Contract No. CO29-22 with
Murraysmith, Inc. for the 2023 General Sewer Plan Update for the City's Sanitary Sewer
System.
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 22"d day of February 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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CITY OF PORT ORCHARD (SEWER ON CALL) PROFESSIONAL SERVICES AGREEMENT
THIS Agreement ("Agreement") is made effective as of the 22nd day of February 2022, by and
between the City of Port Orchard, a municipal corporation, organized under the laws of the State of
Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing
business at:
Murraysmith, Inc. (hereinafter the "CONSULTANT")
600 University Street, Suite 300
Seattle, WA 98101
Contact: Peter Cunningham, PE
Phone: 206.462.7030
For the 2023 General Sewer Plan Update for the City's Sanitary Sewer System
TERMS AND CONDITIONS
1. Services by Consultant
A. The Consultant shall perform the sewer on -call professional services, on a project basis, as
described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the
Consultant shall not exceed the Scope of Work and any task_ order issue_ d by the City consistent therewith,
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the
parties and incorporated in written amendments to the Agreement.
C. Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided
by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith
to determine whether an extension is appropriate.
D. The Consultant shall not subcontract with subconsultants for the performance of any work
under this Agreement without prior written permission of the City.
2. Duration of Work
The Consultant shall not begin any work under this Agreement until the City has issued a Notice
to Proceed. This Agreement shall expire on July 3 1�, unless extended by an amendment executed by
City of Port Orchard and Murraysmith, Inc
On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021
UA9_Sewer Utility\C_Plans&Studies\ComprehensivePlan Updates\2022 - 2023 GSP Upd7te\Contract\3 Contract_ 2022 - 2023 GSP Update.docx
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the duly authorized representatives of the parties. The City reserves the right to offer two, one-year
extensions prior to contract expiration to retain the selected company's services.
3. Payment
A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis,
based on the fees included for each approved task assignment, provided total compensation for these
services shall not exceed Eighty Thousand Dollars ($1 17,272.00) without written authorization, and will
be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto
and incorporated herein by this reference.
B. The Consultant shall be paid by the City for completed services rendered. Such payment
shall be full compensation for work performed or services rendered and for all labor, materials, supplies
equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly
basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current
billing, and the balance remaining by task.
C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A
above and the hourly billing rates set forth in Exhibit A, except where there are conflicts with the City's
Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the
full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any
invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and
shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to
settle the disputed portion.
D. The Consultant will not undertake any work or otherwise financially obligate the City in
excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement.
In the event services are required beyond those specified in Section 1 and not included in the compensation
listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before
any effort is expended on such services.
E. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
F. At all times the Consultant shall comply with all federal, state and local laws and
regulations applicable to independent contractors, including, but not limited to, all applicable public health
requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect
all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington
(RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this
Agreement shall not give rise to an employer -employee relationship between the parties, which is subject
to Title 51 RCW, Industrial Insurance.
G. If the services rendered do not meet the requirements of this Agreement, the Consultant
will correct or modify the work to comply with this Agreement. The City may withhold payment for such
work until the work meets the requirements of this Agreement.
City of Port Orchard and Murraysmith, Inc
On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021
UA9_Smer Utility\C_Plans&Studies\ComprehensivePlanUpdates\2022 - 2023 GSP Update\Contract\3 Contract_ 2022 - 2023 GSP Update.docx
2ofII
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4. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the terms of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
5. Relationship of Parties
The parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -
consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -
consultant of the City. In the performance of the work, the Consultant is an independent contractor with
the ability to control and direct the performance and details of the work, the City being interested only in
the results obtained under this Agreement. None of the benefits provided by the City to its employees,
including but not limited to compensation, insurance, and unemployment insurance, are available from the
City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be
solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -
consultants during the performance of this Agreement. The City may, during the term of this Agreement,
engage other independent contractors to perform the same or similar work that the Consultant performs
hereunder.
6. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
City of Port Orchard and Murraysmith, Inc
On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021
UA9_Sewer Utility\C_Plans&Studies\ComprehensivePlanUpdates\2022 - 2023 GSP Update\Contract\3 Contract_ 2022 - 2023 GSP Update.docx
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C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. Termination shall be effective immediately upon
the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination,
whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all
services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one
week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension.
Notice may also be delivered to the Consultant at the address set forth in Section 15 herein.
7. Standard of Care
The Consultant represents and warrants that it has the requisite training, skill and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed by all
applicable agencies and governmental entities. Services provided by the Consultant under this Agreement
will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members
of the same profession currently practicing in similar circumstances.
8. Ownership of Work Product
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
City of Port Orchard and Murraysmilh, Inc
On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021
U:\9_Sewer Utility\C_Plans&Studies\ComprehensivePlanUpdates\2022 -2023 GSP Update\Contract\3 Contract_2022 -2023 GSP Update_docx
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B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
9. Work Performed at the Consultant's Risk
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held
by the Consultant for use in connection with the work.
10. Indemnification
The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs
and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries or damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement 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 Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
11. Insurance
The Consultant shall procure and maintain for the duration of this Agreement, 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 Consultant, its agents, representatives, or employees. Before
beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the
form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum):
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. 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
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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 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
I. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $5,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. - Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. 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 Consultant's insurance and shall not contribute with it.
The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant'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.
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4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant 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 insurance requirements of the Consultant before commencement of the work.
12. Assigning or Subcontracting
The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests
accruing from this Agreement without the express prior written consent of the City, which consent may be
withheld in the sole discretion of the City.
13. Notice
Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be
in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Adam Schuyler, PE, PMP
Murraysmith, Inc
600 University Street, Suite 300
Seattle, WA 98101
Phone: 206.462.7030
14. Resolution of Disputes and Governing Law
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
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15. General Provisions
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The
entire agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior
to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement
and form the Agreement document as fully as if the same were set forth herein. Should any language in
any of the Exhibits or Appendices to this Agreement conflict with any language contained in this
Agreement, then this Agreement shall prevail.
E. Certification regarding debarment and suspension. By signing this Agreement the
Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency; (2) have not within a
three-year period preceding the effective date of this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity (federal, state or local) with commission of any of the
offenses enumerated herein of, and (4) have not within a three-year period preceding the effective
date of this Agreement had one or more public transactions (federal, state or local) terminated for
cause or default.
16. 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.
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Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant 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 Consultant, 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 Consultant 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.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant'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.
Information and Reports: The Consultant 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 Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant'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 Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
Incorporation of Provisions: The Consultant 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 Consultant
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 Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
M.
Charlotte A. Archer, City Attorney
Name:
Title:
City of Port Orchard and Murraysmith, Inc
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During the performance of this Agreement, the Consultant, 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).
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EXHIBIT A
SCOPE OF WORK
2023 General Sewer Plan Update
City of Port Orchard
Statement of Understanding
The City of Port Orchard (City) currently operates a 2,100-acre aging sewer collection and
conveyance system that discharges to the South Kitsap Water Reclamation Facility (SKWRF), which
is owned jointly by the City and West Sound Utility District (WSUD) and operated by the WSUD.
The City last prepared an updated Sewer Comprehensive Plan in 2016 and would like a new
planning document to help guide near- and long-term investments in their sewer system and to
coordinate with the City's 2024 Comprehensive Plan. The City's 2023 General Sewer Plan (Plan)
will meet the requirements of WAC 173-240-050 to be approved by the Washington State
Department of Ecology (Ecology).
The consultant team is led by Murraysmith (Consultant) as the prime consultant and includes sub -
consultant Katy Isaksen and Associates for financial analysis and documentation.
Scope Of Set VICE.
To maximize the available information and to streamline the Project, all tasks include the
following five components:
• Objective — Summary of the goals that will be achieved by each task
■ Work Tasks — Tasks that will be completed by the Consultant
• Receivables — Information that will be provided by the City
• Deliverables — The finished product that will be delivered to the City
• Assumptions —Assumptions used to develop each task
Specific Tasks
City staff will be actively engaged throughout the project, utilizing a series of workshops and
presentations to solicit City input and develop consensus at key points in the planning process.
Tasks in this Scope of Work include:
■ Task 1— Project Management
■ Task 2 — Coordination with Ecology
• Task 3 — Data Collection and Review
• Task 4 — Basis of Planning and Regulatory Requirements
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■ Task 5 —
Existing Collection and Conveyance Sewer System Summary
■ Task 6 —
Sewer System Evaluation
■ Task 7 —
Wastewater Treatment and Water Reclamation and Reuse
■ Task 8 —
Operations and Maintenance
■ Task 9 —
Capital Improvement Plan
■ Task 10
— Financial Analysis
■ Task 11—
Plan Development and Approval Process
A detailed breakdown of the tasks and subtasks that comprise the Scope of Work follows and
aligns with the tasks included in the Fee Estimate included as Exhibit B.
Task 1 - Project Management
Objective
Provide overall leadership and team strategic guidance aligned with City of Port Orchard staff
objectives. To coordinate, monitor, and control the project resources to meet the technical,
communication, and contractual obligations required for developing and implementing the
project scope. Conduct Quality Assurance /Quality Control (QA/QC) procedures.
Activities
1.1 Invoices/Status Reports
Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and
other direct expenses with the associated backup documentation. Monthly status reports to
accompany each invoice and include comparisons of monthly expenditures and cumulative
charges to budget by Task, including cost -to -complete, earned value, cash flow, and sub -
consultant participation.
1.2 Project Kickoff Meeting
Prepare for and attend project kickoff meeting with City staff and key team members.
Murraysmith to prepare for, attend, and lead the kickoff meeting. Prepare a detailed meeting
agenda and distribute before the kickoff meeting for City review. Prepare and distribute minutes
after the meeting.
1.3 Coordination with City Staff
Coordinate with City staff by regular status reports, monthly status meetings, weekly telephone
communication, and e-mail during the project. City Project Manager (PM) to be copied on all email
communications with City staff.
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1.4 Coordination with Subconsultonts
Coordinate with and manage subconsultants on specific tasks, scope, and budget to facilitate
execution of the Scope of Services.
1.5 Development of Project Management Plan
Develop Project Management Plan (PMP) that includes the signed contract, work assignments,
project work plans, communication protocol, quality control plan, schedule, health and safety
plan, and invoicing procedures.
1.6 Decision Log
Develop, maintain, and monitor a decision log to document major project decisions. Decision log
will be a Microsoft Excel file with access provided to the consulting team and City staff.
1.7 Quality Assurance/Quality Control (QA/QC)
Quality Assurance/Quality Control (QA/QC): Perform QA/QC at all key milestones and on all project
deliverables.
Receivables
■ Deliverable review comments
Deliverables
■ Consultant shall deliver to the City a monthly invoice and status report covering:
o Work on the project performed during the previous month
o Meetings attended
o Problems encountered and actions taken for their resolution
o Potential impacts to submittal dates, budget shortfalls or optional services
o Budget Analysis
o Issues requiring project team action
■ Draft and Final Project Management Plan in PDF format
■ Kickoff meeting agenda and minutes
Updated monthly schedule, when applicable
■ Decision Log form
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Assumptions
■ The project duration is anticipated to be 18 months that includes 6 months for the approval
process.
■ Kickoff meeting will be virtual and will be attended by two (2) members of the consultant
team.
• City review period for deliverables is 10 working days.
• City review comments will be compiled into a single document before submitting to
consultant.
■ Eighteen (18) monthly half-hour meetings with the Consultant's Project Manager and the
City Public Works Director and Utility Manager are assumed. Meetings will take place
virtually or by phone.
• Eighteen (18) progress payments/status reports are assumed.
Task 2 — Coordination with Ecology
Objective
Coordinate with the Ecology representative to facilitate efficient and complete delivery and
approval of the Plan.
Work Tasks
2.1 Ecology Kickoff Meeting
Prepare for and attend a project kickoff meeting with Ecology to review project objectives, work
plan, schedule, and receive Ecology input.
2.2 Coordination with Ecology
Coordinate with Ecology.
Receivables
■ None
Deliverables
■ Ecology Kickoff meeting agenda and minutes.
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Assumptions
■ City staff will identify Ecology representative and facilitate scheduling of Ecology kickoff
meeting.
■ City PM will attend all meetings with Ecology.
■ Four (4) meetings will occur, including the kickoff meeting.
■ All meetings with Ecology will be virtual.
Task 3 — Data Collection and Review
Objective
Collection of existing flow data and background information for the system, including pipe, pump
station, and operations information. The data and information compiled and reviewed in this Task
will aid in completing future Tasks.
3.1 Develop and Submit Data Collection Request Log
Prepare and maintain a list of data needed for the project, submit list to the City, and coordinate
with the City during the data collection process by using the Data Collection Request Log. Update
the Data Collection Request Log based on data availability and as data is received. The log to be
accessible to consultant and City staff such that duplicate data requests are not made.
Obtain available existing information, including but not limited to (as available):
• 2016 General Sewer Plan in Word (.docx) format
■ Geographic Information System (GIS) layers (attributes)
o Pipeline condition assessment and ranking in available format.
o Pipes (diameter, length, upstream and downstream manhole connectivity and
invert elevations, material)
o Manholes (depth/invert elevation, rim elevation, connecting pipe offsets)
o Soil info (geologic classification, infiltration rates or hydraulic conductivity)
o Parcels
o Right-of-way (ROW)
o Flow monitors and Rain Gauge locations
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o Streets
o Water bodies
o Topography (5-feet or less resolution elevation)
o Pump Stations
o Other storage and diversion structures
• Flow, pump runtime, and rainfall monitoring data in 1-hour increments, if available, for the
past five (5) years
• Flow data from the SKWRF for the past five (5) years
• Large user (industrial, institutional, etc.) flow data estimates if available
• Existing population and future projections; employment data if available
• Information on new facilities constructed since 2016 GSP
■ Pump station parameters and condition information (pump curve, start/stop elevations,
point of operation if variable speed pumps are used)
• Wet well dimensions and as -built drawings
• Force main profile, size, length, and material
• Pipe/Manhole Condition Information
• Water consumption data for service area
• Design standards including minimum slopes, design rainfall storm events, maximum
allowable d/D (depth/Diameter) ratios by pipe sizes, peaking factors, allowable
infiltration/inflow rates (gallons per acre or gallons per feet of pipe or gallons per inch -
diameter -mile)
• Current interlocal agreement with WSUD
■ Current Rate Study
• Other information as requested
3.2 Review Data Provided by City
Review and catalogue the data provided by the City.
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Receivables
■ Pertinent records, drawings, and information relevant to the sanitary sewer collection and
conveyance systems.
• Information compiled and requested in the Data Collection Log.
Deliverables
■ Data Collection Request Log
Assumptions
■ City staff to provide data requested in most appropriate and useful format within 10
working days of the data request.
■ Budget has been developed assuming all data is provided in electronic format.
Task 4 — Basis of Planning and Regulatory Requirements
Objective
Develop population projections and establish the Basis of Planning for the Plan. Document the
regulatory requirements guiding the Plan and establish the service area.
Work Tasks
4.1 Regulatory Requirements
Review and document the project -specific regulatory requirements and criteria, potential future
requirements/trends, including:
■ Previous Planning Efforts — Provide a written summary of recent planning efforts.
■ Federal, State, and Local Rules and Regulations — Document Federal, State, and local rules
and regulations that relate to the City's sanitary sewer systems, including the Washington
Criteria for Sewerage Works Design ("Orange Book")
■ City Design and Construction Standards and Specifications
■ Collection System Planning Criteria — Identify planning design criteria, including defining
pipe deficiency criteria. Additional criteria may include pump station firm capacity, force
main maximum velocity, and gravity pipeline minimum scouring velocity.
■ System Resiliency Criteria — Define resiliency criteria (likelihood of failure and consequence
of failure) including threat characterization and goals.
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4.2 Service Area and Vicinity
Review the current jurisdictional boundaries and land use designations to establish the study area
for the planning horizons. Review and characterize the adjacent jurisdiction's service area in
relation to the City's service area. Prepare service area characteristic maps as required to meet
WAC and Orange Book requirements.
Develop base map of the service area.
4.3 Population Projections
Coordinate with the Puget Sound Regional Council to obtain existing and future residential and
commercial population projections. City Planner to review and confirm existing and projected
populations.
4.4 Basis of Planning Workshop
Conduct a workshop with City staff to review the results of the previous work tasks and get input
on information prior to development of Plan Chapter 1— Basis of Planning.
Receivables
■ Current sewered customer information
■ Large, non-residential wastewater customers and flows 2016-2021
■ Land -use and service area changes, specifically where there are projected re -zones or
expected service extensions.
■ Current population numbers for 2022 and future population projections for 2029, 2033,
2043, and build -out
■ Comments on Draft Chapters 1 through 4
Deliverables
■ Chapter 1— Introduction
■ Chapter 2 — Policies and Standards
■ Chapter 3 — Service Area Characteristics
■ Chapter 4 — Population
■ Agenda and minutes for the Basis of Planning Workshop
Assumptions
■ Water meter consumption data is available for all sewer customers.
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■ Any sewer basin revisions will be reviewed and approved by the City prior to finalization.
■ Up to two (2) staff from Murraysmith will attend the Basis of Planning workshop, which
will be up to two (2) hours in duration and be virtual.
Task 5 — Existing Collection and Conveyance Sewer System Summary
Objective
Provide an overview of the existing system using the sewer system information received in Task 2.
Work Tasks
5.1 System Overview
Review and summarize existing system components, operation, and facility upgrades. Document,
review, and summarize intergovernmental agreements related to the sewer conveyance system.
5.2Existing Collection and Conveyance Facilities
Review and document the City's existing collection and conveyance system including an inventory
of existing conveyance piping, hydraulic structures including outfalls, and pump stations.
5.3Sewer Basins
Review delineations of the existing sewer basins and make refinements, if necessary, to define
extents for the Plan. Document pertinent information including area, summary of sewer system
components contained in each sewer basin, and land uses. Develop base map showing sewer
drainage basins. Develop basin maps for delineated basins.
5.4 Current and Future Sewer Flow Projections
Document existing and future population and employment numbers in the service area and for
the planning horizons. Utilize available flow monitoring data, water meter consumption data,
pump runtime data, and other sources to characterize wastewater flows for the existing system
including:
■ Average Dry Weather Flow (ADWF) rate in gallons per capita per day (gpcd) using flow
monitoring data
■ 24-hour weekday and weekend patterns for each flow monitoring site
a Separation of domestic wastewater and infiltration/inflow (1/1) using water meter data
■ Large/Industrial users
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■ 1/1 coefficients and unit rates to characterize sub -basins
■ Calculate dry weather and wet weather flow to meet requirements of EPA Publication No.
97-03
■ Wet weather flows (also to be generated through H/H modeling)
Develop future wastewater flow projections for the same metrics using future population and
growth projections. It is anticipated that the future ADWF to be based on existing per unit rate
developed for the current conditions in conjunction with future population estimates. Compare
rainfall to peak flows.
Receivables
■ Information related to criticality of existing sewer facilities.
• Comments on Draft Chapter 5 and 6
Deliverables
• Chapter 5 — Existing Sewer Facilities
• Chapter 6 — Wastewater Flows
Task o — Sewer System Evaluation
Objective
Update existing model developed as part of the 2016 GSP with major facilities constructed or
upgraded since 2016. Update with new flow projections for the planning horizons identified.
Analyze the major components of the City's sewer collection and conveyance system, including
collector and trunk lines, pump stations, and force mains. Identify deficiencies and improvements
associated with system capacity and condition, infiltration and inflow, and planned growth.
Summarize known issues from interviews with operations and maintenance staff.
Work Tasks
6.1 Hydraulic Modeling
Update the hydraulic model representing the City's collection and conveyance system with new
facilities and updated dry weather and 1/1 flows. 1/1 rates will vary based on analysis in Task 5. Set
up dry weather flow parameters using ADWF determined in Task 5. The hydraulic resolution of the
model to include all major interceptors and collector pipes at a resolution necessary to analyze
the collection system.
Calibrate the updated model to flow monitoring data collected in Task 3. Use peak flow and total
flow volume as the calibration metrics.
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6.2 Capacity Analysis
Evaluate existing system performance under dry and wet weather conditions using the calibrated
H/H model Task 6.1. Identify system deficiencies using the established planning criteria from
Task 4. Perform iterative modeling where system bottlenecks are removed in capacity restricted
area to account for downstream impact, thus establishing unrestricted peak flows through the
system. Export simulated peak flows from the model and compare to the system deficiency
criteria identified in Task 5 for the collection system. Compare peak flow with pipe capacity in a
database that links model output data with the pipe hydraulic capacity to determine deficiency
extent and compute appropriate pipe diameter to address the deficiency. Update the calibrated
H/H model loading for the 20-year planning horizons. Evaluate future system performance and
level of service for dry and wet weather and identify system deficiencies using the planning
criteria established in Task 5 and the same iterative methodology used for existing system
evaluation.
Develop level of service (LOS) maps for the existing system and 20-year planning horizon by
comparing simulation results using the design rainfall timeseries with the identified deficiency
criteria. A GIS layer to be provided along with the maps.
6.3SewerSystem Evaluation Workshop
Conduct a workshop with City staff to review the results of the system analysis and inventory of
feasible alternatives, e.g. alternative piping alignments, pump station capacity upgrades, basin
interconnections, and/or pipe upsizing.
6.4 Collection System Condition Assessments
Interview operations and maintenance staff on known issues at the lift stations, force mains, and
gravity collection system. Document known issues.
Receivables
Information on collection system asset condition to facilitate desktop review of lift stations
and piped systems.
■ Comments on Draft Chapter 7
■ Input on Pump Station Condition Assessment form
Deliverables
■ Updated and calibrated H/H Model
■ LOS Maps for Existing System and corresponding GIS shapefile
■ Chapter 7 — Sewer System Evaluation
• Agenda and meeting minutes for the workshop under this task
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Assumptions
■ Model will be calibrated at up to three (3) locations using existing flow data. If additional
flow monitoring is performed, this may extend the schedule.
■ Deficient pipes will be sized for the build -out planning horizon per established planning
criteria from I ask b.
■ The consultant is not tasked with reviewing closed circuit television (CCTV) data.
• No field work for condition assessments or CCTV review time is included in this scope.
• Up to three (3) Murraysmith staff will attend workshop in this task which will be two (2)
hours in duration. Meeting will be virtual.
Task 7 — Wastewater Treatment and Water Reclamation and Reuse
Objective
Briefly summarize wastewater treatment and water reclamation and reuse for the City's sanitary
sewer system.
Work Tasks
7.1 Existing Wastewater Treatment
Summarize the treatment of the City's wastewater by WSUD.
7.2 Water Reclamation and Reuse
Summarize WSUD's water reclamation and reuse of the City's wastewater.
Receivables
■ None
Deliverables
■ Chapter 8 —Wastewater Treatment and Water Reclamation and Reuse
Assumptions
■ This chapter is required to satisfy Ecology requirements.
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Task 8 - Operations and Maintenance
Objective
Document current operations and maintenance (0&M) program and provide comparison to
similarly sized utilities.
Work Tasks
8.1 Workshop with 0&M Stoff
Conduct a workshop with 0&M staff to gain understanding of the City's current practices and
programs, to define content and format of the 0&M chapter, and to discuss 0&M activities for
sewer system.
8.2 Current O&M Program
Review and summarize current O&M program practices as determined from existing 0&M
materials and through workshop with 0&M staff. Provide recommendations for CCTV review,
guidance as to what constitutes a deficiency, and CCTV documentation.
8.3Stoffing Summary
Summarize benchmarks comparing City staffing with similarly sized sewer utilities.
Receivables
_Current 0&M staffing
■ Current 0&M and safety practices and programs
■ Documentation of items to be included in 0&M Plan Chapter.
■ Comments on Draft Chapter 9
Deliverables
■ Chapter 9 — Operations and Maintenance
■ Agenda and meeting minutes for 0&M workshop
Assumptions
■ Up to two (2) Murraysmith staff will attend workshop in this task which will be up to two
(2) hours in duration. Workshop to be held virtually.
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MURRAYSMITH
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Task 9 — Capital Improvement Plan
Objective
Develop the Capital Improvement Plan (CIP) for the 20-year planning horizon with a year -by -year
CIP for the first six years of the planning horizon. The basis for the CIP is the selection of preferred
alternatives and the corresponding work completed under previous tasks.
Work Tasks
9.1 Recommended CIP
Identify capital improvement projects to address capacity, risk/resiliency, and condition
deficiencies for the planning horizon. Inventory potential alternatives for addressing collection
system deficiencies to use as the basis for the capital improvement plan tasks. Confirm capital
improvement project addresses deficiency using hydraulic model.
Generate a list of proposed projects based on the prioritization of system deficiencies. Develop
American Association of Cost Engineers (AACE) International Class 5 opinions of probable project
costs for each project with an accuracy range of +100 percent to -50 percent. Each project to be
described in terms of the reason for the improvement, the location, size and extent, and the total
project cost including engineering, administration, and construction. Generate corresponding
figures for each capital project showing the improvement along with a unique identifier in the
hydraulic model.
9.2 Prioritization Workshop
Conduct a workshop with City staff to select prioritization criteria including the timing of
deficiency, extent and type of deficiency, customers impacted, environmental impacts, capital and
0&M costs, and other concurrent City CIP plans.
9.3CIP Phasing
Develop a phased CIP project list for the 20-year planning horizon with year -by -year CIP for the
first 6 years of the planning horizon. Apply the criteria selected during the prioritization workshop
for CIP phasing.
Overlap proposed sewer CIP with the City available CIPs to determine project overlap areas to
evaluate combining projects to minimize costs and impacts to the public.
9.4CIP Project Mopping
Develop interactive GIS maps of CIP projects on a comprehensive base map using Arc GIS Pro
Online. Utilize the map to facilitate discussion in the prioritization workshop.
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9.5Final CIP Workshop
Conduct CIP workshop to discuss results of the CIP phasing, costing, and prioritization.
Receivables
■ Comments on Drafl Chdpler 10
■ Input on prioritization criteria.
Deliverables
■ Agenda and minutes for the two workshops under this task
■ Chapter 10—Capital Improvement Plan
Assumptions
■ Cost opinions will be based on current market factors, as well as recent City specific
construction bids and industry standards, and are Class 5 per AACE International
Recommended Practice No. 56R-08 with an anticipated accuracy range of +100 percent to
-50 percent
■ Operation and maintenance costs will be qualitative and relative based on high, medium,
and low O&M investment and cost.
• Up to four (3) Murraysmith staff will attend the Prioritization Workshop, which will be two
(2) hours in duration. This workshop is assumed to be virtual.
■ Overlapping underground utility CIPs will be limited to those currently available and be
used in CIP prioritization.
■ Up to four (3) Murraysmith staff will attend the Final CIP Workshop, which will be two (2)
hours in duration. This workshop is assumed to be virtual.
Task 10 — Financial Analysis
Objective
A 6-year financial plan will be developed by updating a spreadsheet model to demonstrate the
operating, debt and capital needs along with how these will be paid for. Operating revenues will
be matched with ongoing expenses (operations, debt) to ensure sustainable utilities. Rates and
connection fees will be reviewed and updated to ensure a balanced plan for the sewer utility.
During the development of the financial plan, alternatives may be developed and reviewed with
Public Works and engineers.
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Work Tasks
10.1 Financial Program and Chapter
Prepare Financial Strategy chapter per attached Scope of Work from Katy Isaksen & Associates.
Receivables
■ Necessary sewer financial information as requested.
Deliverables
■ Draft six -year outlook materials to be reviewed with Public Works.
■ Capital Facilities Charge update memorandum.
+� Sewer rate table for use in Ordinance drafting, if necessary.
■ Presentation materials for Council.
■ Chapter 11— Financial Strategy
Assumptions
■ None
Task 11— Plan Development and Approval Process
Objective
Develop the 2023 General Sewer Plan by compiling the chapters developed in previous tasks,
appendicesanddeveloping the Executive Summary. Develop the Plan to meet the-WAC 173-240-
050 requirements for a General Sewer Plan.
Work Tasks
11.1 Executive Summary and Appendices
Compile appendices comprised of the work products resulting from the previous tasks. Develop
the Executive Summary for the Plan
11.2 Draft Plan for City Review and SEPA Use
Compile the work products and findings from the previous tasks and consolidate them into a single
draft Plan. Complete State Environmental Policy Act (SEPA) checklist. The draft Plan is anticipated
to include the following chapters.
E. Executive Summary
1. Introduction
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2. Policies and Standards
3. Service Area Characteristics
4. Population
5. Existing Sewer Facilities
6. Wastewater Flows
7. Sewer System Evaluation
8. Wastewater Treatment and Water Reclamation and Reuse
9. Operations and Maintenance
10. Capital Improvement Program
11. Financial Strategy
12. Appendices
11.3 Draft Plan Revisions and Council Adoption
Submit draft Plan to the City. Meet with City to review and receive comments. Revise plan based
on City review comments. Submit updated plan for Council adoption.
11.4 Ecology Review and Revisions
Submit two (2) hard copies of the revised draft Plan to Ecology for review. Provide draft written
responses to Ecology's review comments and submit to City for review and input. With City input,
finalize written responses and develop a final document that incorporates comments. Submit
comment responses and updated plan to Ecology for approval.
11.5 Final Electronic and Hord Copies
Prepare final copies of the plan in electronic and hard copies.
Receivables
■ City's SEPA checklist.
■ Written review comments on the draft Plan prior to submission to Ecology.
■ Review comments on draft responses to Ecology's review comments.
Deliverables
■ Two (2) hard copies and one (1) electronic copy of the draft Plan will be created for the
City prior to submission to Ecology.
■ One (1) electronic copy of revised draft plan will be provided to adjacent agencies for
review.
■ Two (2) revised hardcopy draft Plans will be submitted to Ecology for review. One (1)
electronic copy of the revised draft Plan will be submitted to the City.
■ Draft and final written responses to Ecology's review comments.
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• Three (3) hard copies and one (1) electronic copy of the final plan will be submitted to City
Council for review and adoption.
■ One (1) hard copy of the adopted plan along with an electronic file in pdf format will be
submitted to Ecology for their final approval.
■ Live (5) hard copies and one electrunic uUPy (including EcUIUgy'S approval) of Lhe final Plan
will be delivered to the City.
Assumptions
• No additional comments will be accepted on the previous memoranda, draft chapters and
meeting minutes that were reviewed and accepted by City staff and will be incorporated
into the Plan.
• No additional significant comments will be provided by the City.
• City will have provided comments on each chapter of the plan prior to the consultant
developing the overall draft of the Plan.
0 City will provide review comments on all drafts of the Plan.
Budget
Payment will be made at the Billing rates for personnel working directly on the project, which will
be made at the Consultant's Hourly Rates, plus Direct Expenses incurred. Subconsultants, when
required by the Consultant, will be charged at actual costs plus a 10 percent fee to cover
administration and overhead. Direct expenses will be paid_ at the rates shown in the table below.
Direct Expenses
Expenses incurred in-house that are directly attributable to the project will be invoiced at actual
cost. These expenses include the following
Computer Aided Design and Drafting $18.00/hour
GIS and Hydraulic Modeling $10.00/hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel, Lodging and Subsistence At Cost
Project Schedule
Work will begin upon receipt of a signed contract and notice to proceed, or other agreeable
written authorization. Work will proceed in a timely manner with an anticipated completion date
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30 months from notice to proceed. The project duration is based on timely input, information, and
review comments from City staff. A detailed schedule including meeting and workshop dates will
be submitted with the Project Management Plan as one of the first work tasks once notice to
proceed has been issued.
Project Kick -Off
Task 1- Project Management
3/2022
3/2022
3/2022
9/2023
Task 2 - Coordination with Ecology
3/2022
9/2023
Task 3 - Data Collection and Review
3/2022
4/2022
Task 4 — Basis of Planning and Regulatory Requirements
4/2022
8/2022
Task 5 — Existing Collection and Conveyance Sewer System Summary
5/2022
7/2022
Task 6 — Sewer System Evaluation
7/2022
10/2022
Task 7 — Wastewater Treatment and Water Reclamation and Reuse
11/2022
12/2022
Task 8—Operations and Maintenance
11/2022
12/2022
Task 9 — Capital Improvement Plan
12/2023
1/2023
Task 10 — Financial Analysis
1/2023
4/2023
Task 11— Plan Development and Approval Process
4/2023
2/9/23
Submit Draft Plan to City
4/2023
4/2023
Submit Draft Plan to Ecology
5/2023
5/2023
Submit Final Plan to City for Adoption by City Council
8/2023
8/2023
Submit Adopted Comprehensive Sewer Plan to Ecology for Approval
9/2023
9/2023
Project Close -Out
9/2023
9/2023
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;W 4
a
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7F
Agenda Staff Report
Subject: Adoption of a Resolution Establishing a
Referral Incentive Program for Current
Staff Members
Meeting Date: February 22, 2022
Prepared by: Debbie Lund
Atty Routing No.
Atty Review Date
HR Manager
366922-0008 — H R
February 18, 2022
Summary: Current City employees can become our best recruiters. Other than those employees whose
job it is to recruit (i.e. human resources) or those making the hiring recommendation and decision (i.e.
supervisors and department directors), staff is proposing a financial incentive of $1,000 to current
employees who make the first contact with a successful applicant for a position. One-half payable at the
time of the applicant's hire, the remaining half payable upon that applicant's completion of their
probationary period.
The program would be available on a per recruitment basis only when designated as eligible by the
Mayor. Factor to determine eligibility would include:
• how critical the position is to the City's operation and mission,
• the success of recent efforts to recruit candidates and retain employees in like positions,
• the availability in the labor market of well -qualified candidates for employment,
• recent turnover in similar positions,
• special qualifications needed for the position, and
• other unique factors that demonstrate difficulty in filling the position.
Recommendation: Staff recommends the Council adopt the attached resolution approving a recruiting
incentive program for City staff.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution establishing a referral incentive program for City
staff.
Fiscal Impact: It is anticipated that current budget authorization will cover the expenses involved to
implement this program.
Alternatives: Not authorize the Resolution and provide further guidance.
Attachments: Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AN EMPLOYEE REFERRAL INCENTIVE PROGRAM.
WHEREAS, a combination of factors has resulted in extremely low unemployment and a
difficult recruitment environment ; and
WHEREAS, the City of Port Orchard's ability to provide essential services is dependent
upon employees to perform those services; and
WHEREAS, current City employees are often the first point of contact for potential
employees; and
WHEREAS, the City desires to encourage current employees to talk to qualified potential
applicants about the working environment and benefits provided to City employees; and
WHEREAS, in recognition of these considerations, the City Council desires to reward
employees for finding qualified applicants for City employment; 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 Mayor is authorized to implement personnel policy 3.10 substantially in the
form attached hereto as Exhibit 1.
THAT: The Mayor is authorized to modify or create any applicable City policies and
procedures to implement this program.
THAT: The Mayor is authorized to sign any agreement as an addendum to a collective
bargaining agreement to implement this employee referral program for employees who
are represented by a union.
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 22" d day of February 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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Exhihit 1
3.10 EMPLOYEE REFERRAL PROGRAM
At the discretion of the Mayor, the City may provide a Referral Incentive to an Eligible Referring
Employee who refers to the City a qualified applicant who is subsequently selected and
successfully employed in an Eligible Position.
A) Definitions
Applicant: Persons who are not former employees or currently employed by the City in
any capacity including temporary, seasonal, or limited term.
Eligible Position: Positions eligible for this program must be determined by the Mayor to
be "hard to fill" positions. The following factors should be considered when
designating a position as "hard to fill":
• how critical the position is to the City's operation and mission,
• the success of recent efforts to recruit candidates and retain employees in like
positions,
• the availability in the labor market of well -qualified candidates for
employment,
• recent turnover in similar positions,
• special qualifications needed for the position, and
• other unique factors that demonstrate difficulty in filling the position.
Eligible Referring Employee: City employee occupying a regular status position with the
exception of:
• Any elected official,
• Director, manager, supervisor and other person(s) associated with the selection
of the candidate,
• All Human Resources staff members,
• Any employee assigned to perform recruitment functions on behalf of their
department and/or the City, and
• Family members (as defined in Personnel Policy 3.5) of the Applicant.
Referral Incentive: A cash payment to the Eligible Referring Employee when an
Applicant has been successfully employed by the City
B) Referral Incentive Payment. A referral incentive is payable to an Eligible Referring
Employee when the position has been designated as an Eligible Position by the Mayor at
some stage of the recruitment process, prior to selecting a final candidate. A $500 incentive
is payable in the next available paycheck to the Eligible Referring Employee after the
Applicant's first day of employment. An additional $500 is payable in the next available
paycheck to the Eligible Referring Employee after the Applicant's completion of their
probationary period.
C) Referral Incentive Program Administration.
1. Referral Incentives are awarded at the discretion of the Mayor, who has the final
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decision. The Mayor has the discretion to end this program at any time.
2. If the Referral Incentive Program is ended by the Mayor, any Eligible Referring
Employee who is due the second payment for a referral will be eligible for the
Incentive Payment provided that all other components of this policy are met.
3. Referral Incentives are intended to be a financial incentive for Eligible Referring
Employees to reach out to qualified Applicants as a first contact from the City
regarding specific employment opportunities.
4. The City will require the Applicant to identify the Eligible Referring Employee. In
the event more than one Eligible Referring Employee is identified by the Applicant
and a Referral Incentive is payable, a random drawing of names submitted by the
Applicant will be conducted to achieve a single Eligible Referring Employee.
5. The Eligible Referring Employee must be a City employee at the time any Referral
Incentive payment is paid.
6. The hiring process will be fair and consistent with City policies, with no bias for or
against candidates whose selection might make another employee eligible for a
Referral Incentive. All information regarding the hiring decision will remain
confidential.
Page 101 of 221
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:-""us NNW.�
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 7G
Subject: Adoption of a Resolution Renaming and
Designating the Active Club T-Ball Field
to Honor the Late Richard "Dick" Lyle
Taute, Sr.
Meeting Date
Prepared by
Atty Routing No:
Atty Review Date
February 22, 2022
Brandy Wallace, MMC
City Clerk
N/A
N/A
Summary: On October17, 2021, Bob Showers and Nathan Martin, on behalf of the South Kitsap Western
Little League, approached the City asking the City Council to name the little league t-ball field behind the
Active Club, adjacent to the Art Mikelsen Memorial Field, as the "Dick Taute Memorial Field".
Richard "Dick" Lyle Taute, Sr. devoted his life to ensuring boys and girls had a wholesome program of
service to youth. He was also instrumental in helping, thru the Lions Club, purchasing bleachers for the t-
ball field.
This request was brought before the Land Use Committee on February 16, 2022, and they were
supportive of the name change of the field. If approved by the City Council, signs will be placed
designating the name of the field and it will be at the expense of the South Kitsap Western Little League.
Recommendation: Staff recommends approving the resolution as presented.
Motion for consideration: I move to adopt a resolution, naming and designating the Little League T-ball
field behind the Active Club to adjacent to the Art Mikelsen Memorial Field, as the "Dick Taute Memorial
Field".
Fiscal Impact: None.
Alternatives: N/A
Attachments: Resolution and Aerial Map
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON NAMING AND DESIGNATING THE LITTLE LEAGUE T-
BALL FIELD AS THE "DICK TAUTE MEMORIAL FIELD"
WHEREAS, Richard "Dick" Lyle Taute, Sr. devoted his life to ensuring boys and girls
had a wholesome program of service to youth; and
WHEREAS, he had been instrumental in helping, thru the Lions Club, purchasing
bleachers for the t-ball field; and
WHEREAS, he passed away on September 10, 2021, and to honor his memory, the
City council will name the little league t-ball field as the "Dick Taute Memorial Field"; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
THAT: The name of the little league t-ball field behind the Active Club, adjacent to
the Art Mikelsen Memorial Field, as the "Dick Taute Memorial Field".
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 22nd day of February 2022.
ATTESTED:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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Page 104 of 221
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 7H
Subject: Adoption of a Resolution Adopting
Operating Policies and Procedures for
Manaiziniz Citv Records
Back to Agenda
Meeting Date:
February 22, 2022
Prepared by:
Brandy Wallace, MMC
City Clerk
Atty Routing No.:
Matter 5-Clerk
Atty Review Date:
February 18, 2022
Summary: In 2017 the City Council adopted, by reference, the General Records Retention Schedule and
Records Retention Manual approved by the Office of the Secretary of State Washington State Local Records
Committee. The manual identifies record types, but does not provide policy as to how local governments
choose to manage the records to be in compliance.
Staff has developed operating policies and procedures to ensure city records are managed in an accordance
with the manual and Advice sheets produced by the Washington State Archives. This policy covers:
• the process for disposing or archiving paper and electronic records;
• the process for destruction of non -archival paper records after imaging, known as "Scanning and
Tossing"; and
• the process for documenting the destruction or archival transfer of records.
Recommendation: Staff recommends adoption of the resolution, adopting the operating policies and
procedures as presented.
Relationship to Comprehensive Plan: None.
Motion for consideration: I move to adopt a resolution adopting operating policies and procedures for
managing City records, as presented.
Fiscal Impact: None.
Alternatives: Not adopt the resolution and provide guidance to City staff regarding revisions to the
document presented.
Attachments: Resolution
Operating Policies and Procedures
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
OPERATING POLICIES AND PROCEDURES FOR MANAGING CITY RECORDS
WHEREAS, Chapter 40.14 RCW, Preservation and Destruction of Public Records state
that all records shall be and remain the property of State of Washington and sets criteria as to
the retention and destruction of public records; and
WHEREAS, the City of Port Orchard ("the City") is a local agency as defined in the statute
and must therefore comply with its provisions; and
WHEREAS, the Policies and Procedures for managing city records were developed by
using the Office of the Secretary of State, Washington State Archives Advise sheets; and
WHEREAS, the City must follow, and it is the City Council's desire to adopt policies and
procedures to be consistent with State law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The "Policies and Procedures for Records Management," attached hereto as
Exhibit A are hereby adopted.
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 22nd day of February 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 106 of 221
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Operating Policy and Procedure 101
Records Management
1.0 Purpose
The purpose of this policy is to provide direction and guidance to City of Port Orchard
employees and elected officials in the management of records created or received relating
to the conduct of city business. In addition, this policy and procedures are to ensure the city
manages these records in compliance with Washington State retention rules and laws.
Organizing and managing records will save space, provide efficient access, maintain
confidentiality where needed, and reduce legal exposure in "discovery" proceedings.
2.0 Policy
2.1 What is a public record?
A. Chapter 40.14 of the Revised Code of Washington (RCW) contains regulations
for the retention, preservation and lawful destruction of public records, and
grants authority to Washington State Archives to preserve and protect public
records. (Chapter 42.56 RCW defines public records for the purposes of public
records requests.) Per RCW 40.14.010, "public records" are defined by three
key criteria:
1. "Made or received by any agency in the State of Washington" Public
Records include both records that an agency creates and those that it
receives or collects. For example, when an agency solicits public comment
on an issue, both the request for comment and any comments received in
response are public records.
2. "In connection with the transaction of public business" A record
provides proof or evidence of agency business. Agency business includes
not only the core functions of an agency, but also support functions, such as
finance, human resources, and facility and asset management.
If a record meets the two criteria listed above, then it is a public record that
needs to be retained and managed.
3. "Regardless of physical form or characteristic" A public record,
regardless of the format in which it is sent or received. Not only paper
records, photographs or microfilm, but records that are created or received
using any kind of digital format or application. This includes emails,
websites, wikis, databases, digital photos, text messages, blogs, tweets, and
any emerging technologies used to conduct agency business. Having a
record in a different format does not change the retention requirements or
disposition that is to be applied.
B. Note: Per RCW 40.14.020, public records are the property of the State of
Washington, and do not belong to the individuals who create or receive them.
These records must be kept, managed and disposed of lawfully, in accordance
with approved records retention schedules. Agencies need to be aware of what
Page OP101-1
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constitutes a public record in order to capture, manage, retain, and dispose of
them appropriately.
3.0 Procedures
3.1 Responsibilities
The City Clerk is designated as the Records Manager for the City. The City Clerk
will ensure the city-wide records management program is followed.
A. Records Manager Responsibility
1. Remain current and knowledgeable on the laws and rules governing records
retention that affects the City.
2. Periodically review the City's retention process to ensure that policies and
procedures are being followed and are current with State law.
3. Provide periodic training to Liaisons to assist them in managing their areas
of responsibility.
4. Oversee the destruction of records that have reached the end of their
retention period.
5. Oversee the appraisal of records that have reached the retention period and
the transfer of records to the Regional State Archives.
B. Department Responsibility
1. Department supervisors shall appoint a records management liaison for
each department. The Liaison shall be the point of contact between the
department and the City Clerk and will be expected to be the person most
knowledgeable about the City's records management policy and how it
related to their department.
C. Liaison Responsibility
1. Work with City Clerk and Information Technology staff to establish an
electronic file storage structure that assists in classifying and preserving the
electronic documents encountered in the department area of responsibility
to facilitate the management of documents meeting retention and/or
destruction rules.
2. Complete training as required by State law.
3. Train new staff on record retention process for your department.
D. Information Technology Staff Responsibility
1. Assist the City Clerk and Liaisons in developing, implementing and
maintaining an electronic records storage system that supports this policy.
2. Provide a secure, safe environment for the electronic records of the City.
3. Provide a Disaster Recovery Backup System to be maintained to
exclusively provide disaster recovery from catastrophic data loss. This
system is not and shall not be relied upon or used as a retention or archiving
system.
4. Provide a minimal recovery period for city documents if accidentally or
Page OP101-2
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inadvertently deleted.
E. Employees and Elected Officials Responsibility
1. All employees shall follow the rules set forth in this policy in managing
documents, storing and identifying documents in locations and formats and
in compliance with retention requirements.
2. If an employee is unsure whether a record needs to be kept or if it falls into
an exclusion, the employee should consult with the Records Retention
Schedule and the Records Manager.
3.2.1.1 Record retention schedules
Employees shall keep records in accordance with the retention schedule guidelines
as set forth by the State of Washington Secretary of State, Washington State
Archives, found at: https://www.sos.wa.gov/archives/recordsmanagement/select-
type-of-local-govemment.aspx. Before any record can be destroyed you shall check
with your supervisor or the records manager.
3.3 Paper Records
A. Each department should routinely, no less than annually, dispose of its original
paper records that have met retention by disposing of the records through a
secure shredding company to protect confidentiality or by transferring the
records to the State archives.
B. Records that have a longer retention period can be boxed and transferred to a
central storage location until the retention has been met.
3.4 Electronic Records
A. Per WAC 434-662-040:
Electronic records must be retained in electronic format and remain usable,
searchable, retrievable and authentic for the length of the designated retention
period. This includes text and voice messages related to the conduct of city
business. Printing and retaining a hard copy are not a substitute for eliminating
the electronic version prior to meeting its required retention.
B. Per WAC 434-662-150 E-mail Management:
Emails created and received by any agency of the State of Washington in the
transaction of public business are public records for the purposes of RCW 40.14
and are subject to the laws and regulations governing the retention, disclosure,
destruction and archiving of public records. The e-mails of elected government
officials and public employees that are created in the transaction of public
business are subject to the records retention periods and disposition
promulgated by the State records committees, and any and all said e-mails with
archival value must be retained or transferred to the digital archives.
Page OP101-3
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3.5 Destruction of Non -Archival Paper Records After Imaging ("Scanning and
Tossing")
A. The State Records Committee and the Local Records Committee have approved
destruction authorities for non -archival paper -based source records that have
been converted to a digital format by imaging (scanning) — and verified to be
complete and accurate — in accordance with the State Archives requirements.
The destruction authority for non -archival local government agency source is
provided by DAN GS50-09-14. Archival records must not be destroyed.
B. Departments that wish to implement the "Scanning and Tossing" program must
follow the guidelines as set forth by the State of Washington Secretary of State,
Washington State Archives, found at:
hgps://www. sos.wa. gov/archives/recordsmanagement/how-to-scan-image-
records-and-go-paperles s. aspx
C. All departments that wish to implement the "Scanning and Tossing" program
must have a procedure in place confirming that:
1. The paper record is eligible for the "Scanning and Tossing" program.
2. The paper record is scanned and verified in a systematic and consistent
fashion that ensures a complete and accurate copy of the sourced
record.
3. Where a complete and accurate image cannot be obtained and verified,
or a paper record is not completely legible, the paper record must be
retained for the entire minimum retention period.
4. Proper scanned format and resolution are used. Acceptable file formats
include TIFF, PNG, PDF, PDF/A, JPEG, JPEG 2000 and the
recommended density is 300 DPI. See Chapter 434-663 WAC.
5. Paper records will not be destroyed before images are verified to be
complete and accurate.
6. Electronic Record is managed, stored, and retained until it has met its
retention.
D. The department shall document that the original paper was converted and
destroyed lawfully under the appropriate disposition authority, and that the
images are also destroyed lawfully once the retention requirements have been
met.
3.6 Documenting Records Transmittal to State Archives
Documentation of records transmitted to the State archives is required and shall be
recorded on the standard Archives Records Transmittal & Box Content List. An
Archives Records Transmittal & Box Content List documents transferred records
and is maintained by each department. This form serves as a permanent record and
Page OP101-4
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would be utilized in any legal proceeding as evidence of proper transfer. See the
Clerk's office for the Archives Records Transmittal & Box Content List.
3.7 Documenting Records Disposal
Documentation of records destruction, both paper and scanned images, are required
and shall be recorded on the standard Destruction Log. A Public Records
Destruction Log documents disposed records and is maintained by each
department. This form serves as a permanent record and would be utilized in any
legal proceeding as evidence of proper destruction. See the Clerk's office for the
standard Destruction Log.
3.8 Exceptions to Retention Schedule
A. Paper and Electronic Records MUST NOT be destroyed, regardless if the
retention schedule permits, when subject to any of the following:
1. Existing public records requests in accordance with RCW 42.56If there
is a pending request for records, you cannot destroy them even though the
retention period to keep it has passed. Once the records have been provided
to the Public Records Officer pursuant to the request, they may be logged
on the destruction log and destroyed.
2. Ongoing or reasonably anticipated litigation.
3. Legal requirements, federal statutes, grant agreements.
4. Archival transfer requirements found on the State Retention Schedule.
5. When a specific business need is identified and approved by the Department
Director.
6. Documents related to damage claims or litigation must be retained until
determined they can be released for standard retention.
4.0 References
4.1 State of Washington Secretary of State - Washington State Archives Laws
and Rules for Records Management:
A. Revised Code of Washington (RCW)
40.14 Preservation and Destruction of Public Records
40.16 Penal Provisions for the Intentional Destruction of Public Records
40.20 Reproduced Records
42.56 Public Records Act
B. Washington Administrative Code (WAC)
434-600 Promulgation
434-610 Definitions
434-615 Custody of Public Records
434-620 Powers and Duties (State Archivist)
434-624 Powers and Duties (State Records Committee)
434-626 Powers and Duties (State Agency Records Officers)
Page OP101-5
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434-635 Local Records Disposition Authority
434-640 Methods of Records Disposal
434-660 Standards for Public Records
434-662 Preservation of Electronic Records
434-663 Imaging Systems (Standards)
434-670 Local Records Grants Programs
434-677 Security Microfilm (Standards)
434-690 Archives (Public Records Access)
4.2 State of Washington Secretary of State - Washington State Archives
A. Basics of Records Management: Benefits of Managing Public Records Basics
of Public Records Management: What is a Public Record?
B. Records Management Advice Issued: March 2018
C. Requirements for the Destruction of Non -Archival Paper Records after Imaging
"Scanning and Tossing"
4.3 State of Washington Secretary of State -Division of Archives and Records
Management
Essential Records Manual (Security Backup, Disaster Preparedness Response,
and Recovery)
Page OP101-6
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 71 Meeting Date: February 22, 2022
Subject: Adoption of a Resolution Granting Prepared by: Nick Bond, AICP
Final Plat Approval for DCD Director
McCormick West Division II Atty Routing No.: N/A
Atty Review Date
N/A
Summary: On September 27, 2021, McCormick Development Corporation submitted an application for final
plat approval for the McCormick West Division 11 project. Additional materials were received through February
11, 2022 to provide a complete application for final plat. The Kitsap County Hearing Examiner granted
preliminary plat approval with conditions on May 30, 2008. Pursuant to WAC 197-11-630 and 965, Kitsap County
issued a Notice of Adoption of Existing Environmental Documents for this proposal. The McCormick West
proposal was included with a group of projects known as the McCormick Urban Village under the South Kitsap
Urban Growth Area / ULID #6 Supplemental Environmental Impact Statement (EIS). The ULID #6 DSEIS was
issued October 26, 2001 and the ULID #6 FSEIS was issued January 9, 2002. The applicant for final plat submitted
a request for an administrative minor plat amendment from the City of Port Orchard which was approved on
February 12, 2021.
The final plat for the McCormick West Division 11 subdivision creates 133 single-family residential lots and 18
tracts, consisting of future development tracts, open space and storm drainage tracts, and a shared access and
utility tracts. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping,
water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing
completion of any improvements not yet completed. Streets within this final plat are for public use and will be
accepted into the City's road system.
Relationship to Comprehensive Plan: N/A
Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick West,
Division 11.
Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for
McCormick West, Division 11.
Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure.
Alternatives: Approval with added conditions.
Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works
Approval Letter, Bill of Sale, Performance Bond for certain civil improvements, and Landscaping Performance
Bond
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL
PLAT APPROVAL FOR A 133-LOT AND 18-TRACT PLAT KNOWN AS MCCORMICK WEST
DIVISION 11
WHEREAS, property owner Greg Krabbe, on behalf of McCormick Development
Corporation and West X SW Investment Holdings LLC (hereinafter "Applicant"), has submitted an
application for final plat approval of the project known as McCormick West, Division 11 on
undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and
WHEREAS, in 2008, the Applicant received preliminary plat approval from the Kitsap
County Hearing Examiner for a master planned subdivision of 606 acres into as many as 1,545
single-family residential lots known as McCormick West Preliminary Plat (Kitsap County file #05
30003); and
WHEREAS, on September 27, 2021, application was submitted for the final plat of
Division 11 of the McCormick West preliminary plat to include 133 single-family residential lots
and 18 tracts; and
WHEREAS, the Property is subject to a Development Agreement vesting the property to
certain development standards, recorded on December 19, 2011; and
WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on
October 21, 2005 as modified and recorded on February 19, 2021; and
WHEREAS, on February 12, 2021, the City of Port Orchard Development Director
approved a Minor Plat Amendment to the McCormick West preliminary plat; and
WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port
Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in
place to ensure the completion of remaining work in the event the Applicant should fail to
comply with the terms of the preliminary plat approval; and
WHEREAS, the Director of Public Works has determined that the proposed means of
sewage disposal and water supply are adequate as constructed or bonded, and recommends
approval of the final plat; and
WHEREAS, the City Engineer recommends approval of the final plat; and
WHEREAS, the City Community Development Director recommends approval of the final
plat; and
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Resolution No.
Page 2 of 2
WHEREAS, the Applicant has secured bonds guaranteeing completion of certain
improvements required by the Preliminary Plat Approval; and
WHEREAS, the City Council finds that the McCormick West Division 11 Final Plat
conforms to all terms and conditions of the preliminary plat approval, as approved by the
Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and
other applicable state laws and local ordinances; and
WHEREAS, the City Council finds that the McCormick West Division 11 Final Plat
conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now,
therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
/_FiY91I1101TiTE$
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 Port Orchard City Council approves the final plat for McCormick West
Division 11, as illustrated and as legally described in Exhibit A, attached hereto; and
THAT: The McCormick west Division 11 subdivision shall be governed by the terms of
approval of the final plat, and the statutes, ordinances, and regulations in effect at
the time of approval for a period of five years after final plat approval, unless the City
Council finds that a change in conditions has created a serious threat to the public
health or safety in the subdivision.
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 Clerk in authentication of such passage this 22nd day of February 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 115 of 221
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MCCORMIC"K WEST DIVISION It
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
DEDICATION APPROVALS
KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND
MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER
ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF
FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS
SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED
OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE
ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE
WITH OUR FEE CONSENT AND IN ACCORDANCE WITH OUR DESIRES.
ALL WATER MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN EASEMENTS DEDICATED TO THE CITY OF
PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD.
ALL SANITARY SEWER MAINS, STORM DRAINAGE MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN
EASEMENTS DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD.
THE UNDERSIGNED OWNER OR OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND
DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED MCCORMICK WEST DIVISION 11 AS THAT TERM IS DEFINED IN THE
WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON
INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE
DECLARATION FOR _____________________________,
RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NOS.
DATED THIS DAY OF 20
MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION (AS OWNER OF RESULTANT PARCEL 1)
MCCORMICK COMMUNITIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST, BY MERGER, TO WEST X SW
INVESTMENT HOLDINGS LLC, A WASHINGTON LIMITED LIABILITY COMPANY (AS OWNER OF RESULTANT PARCEL 4)
JAMES N. TOSTI, AUTHORIZED SIGNATORY
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
)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 JAMES N. TOSTI TO ME PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE AUTHORIZED
SIGNATORY OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION AND MCCORMICK COMMUNITIES, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY, THE CORPORATION AND COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT,
AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES THE
PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL
AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION AND COMPANY.
hI1If imskni dm. NININ110w.woli:11low. lffl0i1101aIT:TAFTN 90". 101 Ii0:11wi'1:1li1"
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
RESIDING AT -------
MY COMMISSION EXPIRES ----- ___,____
PRINT NOTARY NAME
SURVEYOR'S ACKNOWLEDGMENT
STATE OF WASHINGTON )
)SS
COUNTY OF ---- W_ )
ON THIS ____ DAY OF ----- ----- ---- , 20____, BEFORE ME,
GLENN R. SPRAGUE, PERSONALLY APPEARED, PROVED TO ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE WITH AND
FORGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES
AND PURPOSES THEREIN MENTIONED.
WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN.
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
RESIDING AT -------
MY COMMISSION EXPIRES ----- ___,
PRINT NOTARY NAME
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NW, NE, SW 1/4 & W 1/2 SE 1/4
SEC. 8, TWP. 23N, RGE. 1E, W.M.
CITY ENGINEER'S APPROVAL
SHEET 1 OF 11
I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND
REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT
OF STREETS. ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES.
EXAMINED AND APPROVED BY ME THIS ___ DAY OF __----------- 20__.
CITY ENGINEER
COMMUNITY DEVELOPMENT DIRECTOR
I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND
REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT
OF STREETS. ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES.
EXAMINED AND APPROVED THIS ___ DAY OF --------- ----- ___, 20
COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL
APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD.
THIS _ DAY OF ______ , 20__.
CITY CLERK
MAYOR
PUBLIC WORKS DIRECTOR
EXAMINED AND APPROVED
THIS ___ DAY OF ______ , 20__.
PUBLIC WORKS DIRECTOR
CITY FINANCE DIRECTOR
I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE
OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED.
EXAMINED AND APPROVED THIS ___ DAY OF ---- ----- ___, 20__.
FINANCE DIRECTOR DATE
COUNTY TREASURER
THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED,
HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR ____•
EXECUTED THIS ___ DAY OF --------- __-------- 20__.
COUNTY TREASURER
COUNTY AUDITOR
FILED AT THE REQUEST OF GLENN R. SPRAGUE, P.L.S, THIS DAY OF ----- __------- , 20__, AND RECORDED IN
VOLUME ___ OF ___----------- PAGE(S) _____, RECORDS OF KITSAP COUNTY, WASHINGTON.
AUDITOR'S FILE NUMBER
KITSAP COUNTY AUDITOR
SURVEYOR CERTIFICATE
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS
OF THE SURVEY RECORDING ACT AT THE REQUEST OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION,
IN ___---- 2022. 1 HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WEST DIVISION 11, A PLAT COMMUNITY, IS BASED UPON
AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT
ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND TO THE
EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP.
GLENN R. SPRAGUE DATE
CERTIFICATE NUMBER 41299
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12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 116 of 221
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m U` U`ORMIU"K WEST
SHEET 2 OF 11
DIVISION
A PORTION OF THE NW, NE, SW 1 /4, AND THE WEST HALF OF THE SE 1 /4
SECTION 8, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
LEGAL DESCRIPTION
EASEMENT PROVISIONS
THE LAND IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS:
1. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, CASCADE NATURAL GAS, WAVE BROADBAND,
CENTURYLINK, EARTHLINK AND ANY CABLE TELEVISION COMPANY, KITSAP COUNTY, CITY OF PORT ORCHARD, ANY OTHER PUBLIC OR
RESULTANT PARCEL 1 AND RESULTANT PARCEL 4 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 202103180066, AND AS SHOWN ON
PRIVATE UTILITY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PROPERTY ABUTTING PRIVATE OR PUBLIC
SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067 IN VOLUME 92 OF SURVEYS, PAGES 244, 245, 246 AND 247,
ROADWAYS WITHIN THE PLAT, AS DEPICTED HEREON; IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN
BEING A PORTION OF THE NORTHEAST QUARTER, THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 23
UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, SANITARY SEWER, WATER, CABLE TELEVISION SERVICE AND OTHER
UTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES
APN: 082301-1-015-2001 AND 082301-3-002-2002
STATED. ALL PERMANENT UTILITY SERVICES SHALL BE PROVIDED BY UNDERGROUND SERVICE EXCLUSIVELY. THE LOCATION AND DIMENSIONS
OF THESE UTILITY EASEMENTS ARE SHOWN ON THE FACE OF THIS PLAT AND LABELED P.U.E. (PUBLIC UTILITY EASEMENT). NO PERMANENT
RESTRICTIONS OF RECORD
STRUCTURES SHALL BE CONSTRUCTED WITHIN THE PUBLIC UTILITY EASEMENTS.
2. A 20' PUBLIC SANITARY SEWER EASEMENT IS HEREBY DEDICATED TO THE CITY OF PORT ORCHARD OVER TRACT 1L. THE CITY OF PORT
1. THIS SITE IS SUBJECT TO AN EASEMENT TO PUGET SOUND ENERGY FOR UTILITY SYSTEMS AND THE TERMS AND CONDITIONS THEREOF AS RECORDED
ORCHARD SHALL BE RESPONSIBLE FOR MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE SANITARY SEWER FACILITIES WITHIN SAID
UNDER RECORDING NUMBER 781118.
EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE.
2. THIS SITE IS SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
3. A PUBLIC SANITARY SEWER EASEMENT IS HEREBY DEDICATED TO THE CITY OF PORT ORCHARD OVER TRACT 1M. THE CITY OF PORT
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO
ORCHARD SHALL BE RESPONSIBLE FOR MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE SANITARY SEWER FACILITIES WITHIN SAID
THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODES RECORDED UNDER
EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE.
RECORDING NUMBER 202006240286. SAID DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUSLY RECORDED DECLARATIONS FOR MCCORMICK WOODS
PUD. AMENDMENT(S) AND/OR MODIFICATION(S) OF SAID COVENANTS RECORDED UNDER RECORDING NUMBER 202102170330 AND 202109070143.
4. A 10-FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SHOWN HEREON OVER LOTS 1 THROUGH 3, 5 THROUGH 14, 27 THROUGH 43,
52 THROUGH 59, 94 THROUGH 99 AND TRACTS 1E, 1N, AND 1P IS HEREBY DEDICATED TO SAID LOT OWNERS. THE OWNERS OF SAID LOTS
3. PROVISIONS OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE MCCORMICK WOODS ASSOCIATION, AND ANY TAX, FEE, ASSESSMENTS OR
AND ANY LOTS THAT ABUT SAID WALLS, SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR, AND RECONSTRUCTION OF THE PORTION
CHARGES AS MAY BE LEVIED BY SAID ASSOCIATION.
OF THE WALLS UPON THEIR LOTS AND DRAINAGE FACILITIES THAT THEY HAVE BENEFIT OF USE AND SHALL HAVE A RIGHT OF ENTRY FOR
THIS PURPOSE.
4. THIS SITE IS SUBJECT TO AN ACCESS EASEMENT BETWEEN MCCORMICK LAND COMPANY AND MCCORMICK WOODS PARTNERS AND THE TERMS AND
CONDITIONS THEREOF AS RECORDED UNDER RECORDING NUMBER 9609240198. SHOWN HEREON. 5. A PRIVATE SHARED ACCESS EASEMENT IS HEREBY DEDICATED TO THE OWNERS OF LOTS 5 AND 6 SHOWN HEREON OVER TRACT 1M. THE
MCCORMICK WOODS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE SHARED
5. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE DOCUMENT ENTITLED "RESOLUTION 022-2009 ADOPTING A DEVELOPMENT ACCESS FACILITIES WITHIN SAID EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE.
AGREEMENT FOR STORMWATER FOR MCCORMICK WEST" RECORDED UNDER RECORDING NUMBER 200903040110. 6. A 10' PRIVATE STORM DRAIN EASEMENT (S.D.E)IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS SHOWN
STORMWATER DEVELOPMENT AGREEMENT RECORDED MARCH 4, 2009 UNDER AUDITOR'S FILE N0. 200903040111. NOTHING PLOTTED. ON SHEETS 6 THROUGH 10. SAID PRIVATE STORM DRAIN EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE
6. THIS SITE IS SUBJECT TO AN ANNEXATION AGREEMENT/DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF AS RECORDED UNDER DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR
RECORDING NUMBER 201112190136. RECONSTRUCTION OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS
PURPOSE. THE BURDEN/BENEFITED LOTS ARE: 2/1, 4/3, 16-26/15-25, 27-29/28-30, 32-34/31-33, 35-37/36-38, 40-42/39-41,
7. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ASSIGNMENT OF AGREEMENTS, EASEMENTS, COVENANTS 45-46/46-47, 48-50/49-51, 53-56/52-55, 94-98/, 95-99, TR 1R,100-104/100-105, 107-112/106-111, 113-115/114-116,
AND RECORDED INTERESTS IN PROPERTY" RECORDED UNDER RECORDING NUMBER 201512310228. 117-120/118-121, 122-124/123-125, 127-129/126-128, 130-132/131-133
8. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY 7. A 5-FOOT PRIVATE WALL AND STORM DRAINAGE EASEMENT SHOWN HEREON OVER TRACT 1L IS HEREBY DEDICATED TO LOT 1. LOT 1
OF PORT ORCHARD AND MCCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS" RECORDED UNDER RECORDING OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR, AND RECONSTRUCTION OF THE WALLS AND DRAINAGE FACILITIES WITHIN
NUMBER 202102190203. NOTTHING PLOTTED. SAID EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE.
9.
THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DECLARATION OF COVENANT ASSOCIATED WITH
8. A 5-FOOT X 10-FOOT PRIVATE WATER EASEMENT IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS SHOWN
PERFORMANCE OF SITE STABILIZATION AND EROSION AND SEDIMENTATION CONTROL" RECORDED UNDER RECORDING NUMBER 202103040174.
HEREON. SAID PRIVATE WATER EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE WATER FACILITIES WITHIN SAID
EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THEIR PRIVATE WATER
"DECLARATION
FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. THE BURDEN/BENEFITED LOTS ARE: 16/15,
10.
THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED OF COVENANT ASSOCIATED WITH
19/20, 45/46, 47/48, 49/50.
PERFORMANCE OF SITE STABILIZATION AND EROSION AND SEDIMENTATION CONTROL" RECORDED UNDER RECORDING NUMBER 202104120199. SAID
INSTRUMENT IS A RE-RECORD OF RECORDING NUMBER 202103040256.
9. A 10-FOOT X 15-FOOT PRIVATE SEWER EASEMENT IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS
11.
THIS SITE IS SUBJECT TO THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE
SHOWN HEREON. SAID PRIVATE SEWER EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE SEWER FACILITIES
WITHIN SAID EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THEIR
ADJUSTMENT) RECORDED UNDER RECORDING NUMBER 202103180066.
PRIVATE SEWER FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. THE BURDEN/BENEFITED
LOTS ARE: 18/19
12.
THIS SITE IS SUBJECT TO THE CONDITIONS, NOTES, EASEMENTS, PROVISIONS AND/OR ENCROACHMENTS CONTAINED AND/OR DELINEATED ON THE FACE OF
THE SURVEY RECORDED UNDER RECORDING NO. 202103180067 IN VOLUME 92 OF SURVEYS AT PAGE(S) 244-247 IN KITSAP
10. THIS PLAT IS SUBJECT TO A PRIVATE PEDESTRIAN ACCESS EASEMENT (P.P.A.E) SHOWN HEREON OVER LOTS 44, 45, 51, 94, 128, AND 129.
COUNTY, WASHINGTON.
SAID PRIVATE PEDESTRIAN ACCESS EASEMENT IS FOR THE PURPOSE OF ACCESSING MAIL BOX/KIOSK WITHIN SAID EASEMENT. THE
13.
THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A DEED OF TRUST, RECORDED UNDER RECORDING NO. 202103310274 AND AMENDED BY
MCCORMICK WOODS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE
MAIL BOX/KIOSK FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE.
RECORDING NO. 202201260158.
14.
THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A SETTLEMENT FOR SURFACE AND GROUNDWATER OF COULTER CREEK RECORDED UNDER
PLAT NOTES
RECORDING NO. 8005020087.
1. ALL EXTERIOR DIVISION 11 PLAT CORNERS, INTERIOR REAR LOT CORNERS AND THOSE MARKED BY A REBAR SYMBOL HEREON ARE MARKED
15.
THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A WATER ALLOCATION AGREEMENT RECORDED UNDER RECORDING NO. 9209170094.
WITH A 1/2" REBAR WITH YELLOW PLASTIC CAP, STAMPED CORE 41299, UNLESS OTHERWISE NOTED IN THE REAR LOT CORNER OFFSET
TABLE (SEE BELOW). FRONT LOT CORNERS FOR LOTS IN DIVISION 11 ARE MARKED WITH A ROCK NAIL AND FLASHER, STAMPED CORE
16.
THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A EASEMENT AGREEMENT RECORDED UNDER RECORDING NO. 3043944. SAID AGREEMENT
41299, SET IN THE CURB LINE AND OFFSET ALONG THE LOT LINE PROJECTED FROM THE FRONT LOT CORNER TOWARDS THE ADJACENT
PARTIALLY TERMINATED BY INSTRUMENT RECORDED UNDER RECORDING NO. 200504280244 AND PARTIALLY RELEASED UNDER RECORDING NO.
ROAD A DISTANCE OF 6.20 FEET UNLESS OTHERWISE NOTED IN THE FRONT LOT CORNER OFFSET TABLE (SEE BELOW).
200510310347.
2. THE ENTIRETY OF THE MCCORMICK WEST DIVISION 11 PROJECT IS BEING DONE UNDER THE DIRECT SUPERVISION OF GLENN R. SPRAGUE,
LS#41299. THE PROPERTY CORNER STAKING, INCLUDING THE OFFSET FRONT & REAR LOT CORNERS, HAS BEEN DONE UNDER THE DIRECT
DEVELOPMENT ENGINEERING NOTES
SUPERVISION OF GLENN R. SPRAGUE, LS#41299.
1.
NO DIRECT VEHICULAR ACCESS SHALL BE ALLOWED TO MCCORMICK VILLAGE DRIVE OR TELFORD WAY SW.
3. THE MCCORMICK WOODS ASSOCIATION WAS ESTABLISHED ON JULY 21, 1986, CORPORATION NO. 2-376064-8.
2.
OWNERS OF RESIDENTIAL LOTS WITHIN THIS PLAT ARE RESTRICTED FROM OBSTRUCTING, DIVERTING, OR RECHANNELING STORMWATER FLOWS PRIOR TO
4. A MINIMUM OF ONE TREE PER LOT SHALL BE INSTALLED WITHIN THE FRONT YARD OF EACH LOT PRIOR TO THE ISSUANCE OF A
REVIEW AND APPROVAL OF THE CITY OF PORT ORCHARD PUBLIC WORKS.
CERTIFICATE OF OCCUPANCY FOR THAT LOT.
3.
PURSUANT TO POMC CHAPTER 16.50, PRIOR TO ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL DWELLING UNITS, SCHOOL IMPACT FEES SHALL BE
DECLARANT NOTE: THE HOMEBUILDER SHALL BE RESPONSIBLE FOR PLANTING THE TREE PRIOR TO THE ISSUANCE OF A CERTIFICATE OF
PAID.
OCCUPANCY. THE HOMEOWNER SHALL BE RESPONSIBLE FOR TREE MAINTENANCE AND REPLACEMENT IF NECESSARY.
5. IMPERVIOUS AREA PER LOT ACCOUNTED FOR IN THE OVERALL DRAINAGE FACILITIES INSTALLED SHALL BE INDICATED ON THE FACE OF THE
TRACT NOTES
FINAL PLAT.
1.
TRACTS 1A, 1B, 1E, 1G, 1H, 1S AND 1T ARE FUTURE DEVELOPMENT TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK
DECLARANT NOTE: THE MAXIMUM IMPERVIOUS AREA PER LOT SHALL BE 80 PERCENT OF THE LOT AREA OR 4,000, WHICHEVER IS LESS.
DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION.
6. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY.
2.
TRACTS 1J, 1K, 1L, 1N, 1P, 1Q, AND 1R ARE OPEN SPACE TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK WOODS
7, THE PROPERTY OWNERS ( WITHIN THE PLAT) SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND
HOMEOWNERS ASSOCIATION.
PROPOSED RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE.
3.
TRACTS 1C, 1D, 1F ARE OPEN SPACE AND STORM DRAINAGE TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK WOODS
MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS.
HOMEOWNERS ASSOCIATION.
4.
TRACT 1M IS A PRIVATE SHARED ACCESS AND UTILITIES TRACT. SAID TRACT IS TO BE OWNED AND MAINTAINED BY MCCORMICK WOODS HOMEOWNERS
BUILDING PERMIT NOTE
ASSOCIATION.
IN ACCORDANCE WITH THE DEFINITION OF LOT WIDTH IN POMC 20.40.010(2)(B), LOTS 4-7 ARE IRREGULAR LOTS THAT SHALL HAVE THEIR LOT
LOT/HOUSE NUMBER DESIGNARON TABLES
WIDTH DETERMINED BY MEASURING THE DIAMETER OF THE LARGEST CIRCLE THAT CAN BE DRAWN WITHIN THE LOT'S BOUNDARIES. THIS WIDTH
SHALL BE UTILIZED WHEN APPLYING POMC 20.139.015 'RESIDENTIAL GARAGE CONFIGURATION STANDARDS'.
LOT
HOUSE
NUMBER
1
5301
GREAT
GLEN
ROAD
SW
2
5311
GREAT
GLEN
ROAD
SW
3
5321
GREAT
GLEN
ROAD
SW
4
5331
GREAT
GLEN
ROAD
SW
5
5341
GREAT
GLEN
ROAD
SW
6
5351
GREAT
GLEN
ROAD
SW
7
5361
GREAT
GLEN
ROAD
SW
8
5371
GREAT
GLEN
ROAD
SW
9
5381
GREAT
GLEN
ROAD
SW
10
5391
GREAT
GLEN
ROAD
SW
11
5401
GREAT
GLEN
ROAD
SW
12
5411
GREAT
GLEN
ROAD
SW
13
5421
GREAT
GLEN
ROAD
SW
14
5431
GREAT
GLEN
ROAD
SW
15
5441
GREAT
GLEN
ROAD
SW
16
5521
GREAT
GLEN
ROAD
SW
17
5531
GREAT
GLEN
ROAD
SW
18
5541
GREAT
GLEN
ROAD
SW
19
5561
GREAT
GLEN
ROAD
SW
20
5571
GREAT
GLEN
ROAD
SW
21
5601
GREAT
GLEN
ROAD
SW
22
5621
GREAT
GLEN
ROAD
SW
23
5641
GREAT
GLEN
ROAD
SW
24
5651
GREAT
GLEN
ROAD
SW
25
5661
GREAT
GLEN
ROAD
SW
26
5681
GREAT
GLEN
ROAD
SW
LOT
HOUSE NUMBER
27
3652 SW PERTH PLACE
28
3658 SW PERTH PLACE
29
3664 SW PERTH PLACE
30
3670 SW PERTH PLACE
31
3673 SW PERTH PLACE
32
3667 SW PERTH PLACE
33
3661 SW PERTH PLACE
34
3655 SW PERTH PLACE
35
3676 SW BLACKBURN LANE
36
3682 SW BLACKBURN LANE
37
3688 SW BLACKBURN LANE
38
3694 SW BLACKBURN LANE
39
3697 SW BLACKBURN LANE
40
3691 SW BLACKBURN LANE
41
3685 SW BLACKBURN LANE
42
3679 SW BLACKBURN LANE
43
5520 GREAT GLEN ROAD SW
44
5440 GREAT GLEN ROAD SW
45
5430 GREAT GLEN ROAD SW
46
5420 GREAT GLEN ROAD SW
47
5410 GREAT GLEN ROAD SW
48
5400 GREAT GLEN ROAD SW
49
5390 GREAT GLEN ROAD SW
50
5380 GREAT GLEN ROAD SW
51
5370 GREAT GLEN ROAD SW
LOT
HOUSE NUMBER
52
3645
SW CARDIFF STREET
53
3639
SW CARDIFF STREET
54
3633
SW CARDIFF STREET
55
3627
SW CARDIFF STREET
56
3621
SW CARDIFF STREET
57
5711 GREAT GLEN ROAD SW
58
5721 GREAT GLEN ROAD SW
59
5731 GREAT GLEN ROAD SW
94
3610
SW CARDIFF STREET
95
3616
SW CARDIFF STREET
96
3622
SW CARDIFF STREET
97
3628
SW CARDIFF STREET
98
3634
SW CARDIFF STREET
99
3640
SW CARDIFF STREET
100
5379
KINROSS ROAD SW
101
5385
KINROSS ROAD SW
102
5423
KINROSS ROAD SW
103
5429
KINROSS ROAD SW
104
5435
KINROSS ROAD SW
105
5451
KINROSS ROAD SW
106
5459
KINROSS ROAD SW
107
5465
KINROSS ROAD SW
108
5511
KINROSS ROAD SW
109
5521
KINROSS ROAD SW
LOT
HOUSE NUMBER
110
5527
KINROSS
ROAD
SW
111
5535
KINROSS
ROAD
SW
112
5541
KINROSS
ROAD
SW
113
5572
KINROSS
ROAD
SW
114
5566
KINROSS
ROAD
SW
115
5560
KINROSS
ROAD
SW
116
5548
KINROSS
ROAD
SW
117
5542
KINROSS
ROAD
SW
118
5536
KINROSS
ROAD
SW
119
5530
KINROSS
ROAD
SW
120
5524
KINROSS
ROAD
SW
121
5518
KINROSS
ROAD
SW
122
5468
KINROSS
ROAD
SW
123
5462
KINROSS
ROAD
SW
124
5456
KINROSS
ROAD
SW
125
5432
KINROSS
ROAD
SW
126
5426
KINROSS
ROAD
SW
127
5420
KINROSS
ROAD
SW
128
5382
KINROSS
ROAD
SW
129
5376
KINROSS
ROAD
SW
130
5302 THORNHILL
AVENUE SW
131
5312 THORNHILL
AVENUE SW
132
5322 THORNHILL
AVENUE SW
133
5332 THORNHILL
AVENUE SW
MAINTENANCE COVENANT
PROPERTY OWNERS SHALL BE THE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED
RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. MAINTENANCE SHALL
INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS.
LOT CORNER OFFSET TABLES
LOTS
FRONT LOT CORNER
OFFSET DISTANCE
4/TR 1L
6.50
TR 1M/7
7.30
7/8
6.50
TR 1 M /l L
6.50
25/26
6.50
58/59
5.75
101/102
5.75
105/106
5.75
fly R SPR9
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`S's •fit sTE4'.'•'�
IIONAL LA'O
LOTS
REAR LOT CORNER
OFFSET DISTANCE
5/6
5.00
6/7
5.00
7/8
5.00
8/9
5.00
9/10
5.00
10/11
5.00
11/12
5.00
12/13
5.00
13/14
5.00
57/TR 1F
5.00
57/58
5.00
58/59
5.00
59/TR 1E
5.00
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
,%oUKC PLANNING
�zw� DESIGN SURVEYING
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 117 of 221
Back to Agenda
MCCORMIC'K WEST DIVISION It
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
6 5 _ _ N88'35'11 "W 2582.13
7 8
p2
p
FOUND 1" IRON PIPE @ / to
THE NW CORNER SEC. 8,
TWP. 23 N, RGE. 1 E,
W.M., 0.2' ABOVE GRADE,
8' S OF EDGE GRAVEL RD.
VISITED 2020-10-02 RESERVOIR DRAINAGE
i EASEMENT AFN 200812310177
PM
CALCULATED W 1/4 CORNER
PER ROS 9406230031
NOT VISITED
7 8
I ti
I v \- g2�1 006�
0 PFN 2p2�0
I N
M
N
w
I�
IM
z
SCALE: 1" = 400'
0 200 400 800
I
I
FOUND 1" IRON PIPE @ THE
SW CORNER SEC. 8, TWP. 23
N, RGE. 1 E, W.M.,
VISITED 2020-12-16
FOUND 4" BRASS DISK STAMPED N 1/4 CORNER SEC.
8, TWP. 23 N, RGE. 1 E, W.M., COUNTY ENGINEERING,
OLD CLIFTON ROAD 5 IN CASE, DOWN 0.65', VISITED 2020-10-02 (P.O.C)
�---
----------
702'o1"w 268.SoN88'35'11"W 801.--- -3
R=1402.39 W N870201"W 1529.42 ---'T'�3'48'06" V. -5'L2� N
L=93.05 N o 2' INGRESS/EGRESS/UTILITY
ITYN87'00'17"W ;V 909019EASEMENAFN 6248, 3043944
205.07
-
'5
N� P pRG�'2�4
RES���1��- 9ti �1g0�6O
P�\A 2p2�0
+81'7
_ _ 1786.35
1TRACT 1
LAND SEG
AFN 200010310145
SURVEY NOTES
o
N88'35'11 "W o rn
62.50 Z
ou
10Y
N88'35'11 "W
N11'25'35"W 446.00
192.58
N62.
¢?oSS1"y,
3
h
NLO
ter
N01'27'44"E
166.00
R=570.00
A=20'45'53"
ti
L=206.57
N05'17'05"E (R
N08'30'06"W
L8 �
159.85
/
ly IL
�o
cv
L6-
0
0
CO
2
N65'34'12"W
109.19
N24'25'48"E
178.28
R=635.00
A--13'12'14"
L=146.34
R=1035.00
A=11'24'37"
L=206.12
RESULTANT PARCEL 4
BLA VOL 92 PG 244
AFN 202103180067
4,970,774t SF
R=500.00
A=3810'23"
L=333.12
00 r
�4b
R=25.00
A=65'46'20"
L=28.70
R=90.00
2`�<y
A=202'47'46"
L=318.55�
? /
ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST
AMERICAN TITLE INSURANCE COMPANY, 2ND AMENDED SUBDIVISION GUARANTEE NO.
5003353-0003133E, EFFECTIVE DATE JANUARY 31, 2022. IN PREPARING THIS MAP, CORE
DESIGN, INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC.
AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE
SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED GUARANTEE. CORE DESIGN,
INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE'S REPRESENTATIONS OF THE TITLE'S
CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN, INC. QUALIFIES THE
MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT.
2. THIS IS A FIELD TRAVERSE SURVEY. A THREE SECOND COMBINED ELECTRONIC TOTAL
STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN
THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET
OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS
AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S
SPECIFICATIONS.
3. ALL SURVEY CONTROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN
OCTOBER, 2020.
4. ALL DISTANCES ARE IN US FEET AT GROUND LEVEL.
\S?
,IV.
18N 29'54"E
21.08
R=504.00
A=33'03'26"
/L=290.79
N24'25'48"E
280.55
N65'53'48"W
181.65
i
RESULTANT PARCEL 1
BLA VOL 92 PG 244
AFN 202103180067
5,026,495t SF
R=25.00
A=58'33'04" r�
L=25.55 ,00
N52'52'17"W o0
382.16
EXISTING INGRESS, EGRESS &
UTILITIES EASEMENT
REC. NO. 200102090007
N88'5622"W 998.33 8 L1/\\ _ _ 2297.29
TRACT 3 17 N88'56'22"W 5212.56
LAND SEGAFN 00010310145 NOT VISITED \ �.
RIGHT-OF-WAY
DEDICATION TO BE
RECORDED UNDER G'\
SEPARATE INSTRUMENT QO 6�
6
von. Z
PROPERTY BOUNDARY
BASIS OF BEARINGS
N87'02'01"W BETWEEN THE NORTH QUARTER CORNER AND THE NORTHEAST CORNER
SECTION 8 PER BOUNDARY LINE ADJUSTMENT LU20-BLA-01 RECORDED UNDER
AUDITOR'S FILE NUMBER 202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON.
REFERENCES
1. BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER
202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON.
2. LAND SEGREGATION RECORDED UNDER AUDITORS FILE NUMBER 3208728
RECORDS OF KITSAP COUNTY, WASHINGTON.
3. BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER
3220649 RECORDS OF KITSAP COUNTY, WASHINGTON.
4. BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER
201610250060 RECORDS OF KITSAP COUNTY, WASHINGTON.
SPR
�.v'� , • 0F .WASk J Gtj�
O•
b: •rx
�
o �.�, >
41299
��sCISTE4�
j�NAL
cv
SHEET 3 OF 11
5 4
8 9
FOUND WITNESS MARKER LABELED
"SECTION CORNER" AND 1/2"
REBAR W/ CAP STAMPED "ASPEN
CONTROL" AT NE CORNER SEC. 8,
TWP. 23 N, RGE. 1 E, W.M.,
VISITED 2020-10-02
�RP�� P Mew
2N� PM26 Q•G ��
I
CALCULATED E 1/4 QTR COR I
NOT VISITED
8 9
IOR
IY,5
F)
W
00
;r
\
�
z
\ �
I
\
I
\
\ I
\ I
\ I
6
FOUND 3" BRASS DISK @
THE SE CORNER SEC. 8,
TWP. 23 N, RGE. 1 E, W.M.,
VISITED 2020-12-16
8 9
17 16
LINE TABLE
LINE #
BEARING
LENGTH
L1
N88'56'22"W
130.60
L2
N37'59'20"E
82.11
L3
N00'11'03"W
43.61
L4
N24'06'12"E
108.50
L5
N18'18'18"E
104.60
L6
N65'34'12"W
36.61
L7
N08'37'38"W
94.67
L8
N63'11'34"W
55.63
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
PLANNING
DESIGN SURVEYING
12700 NE 195th St, Suite 300 Bothell, Washington 98071 425.885.7877
JOB NO_ 20197
Page 118 of 221
Back to Agenda
III m( I ( 11
mil � No", mlis, �EVK � UN �mw)' OHIO
5
8 - - - -
P PRC��2206�9
1601 PFN
TRACT 1T
FUTURE DEVELOPMENT TRACT
SEE SHEET 11 FOR
BOUNDARY DIMENSIONS
N6311'34"W
55.63
R=570.00
A=20'45'53"
L=206.57
A PORTION OF THE NW, NE, SW 1 /4, AND THE WEST HALF OF THE SE 1 /4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
-------------------
20' TO BE DEDICATED AS
N PUBLIC RIGHT-OF-WAY
N
O
1*
W
M
i�
;V
O
z
Z
It
SHEET 4 OF 11
2'"W 2638.80 R-O-W WIDTH
1696.65 - 01 - VARIES 20' TO BE DEDICATED AS
PUBLIC RIGHT-OF-WAY 5 4
----------N87'02'01"W 1186.34------------ - ----
- s4_ - - -
--------- - _4N87'02'01"W�178.76 8 9
co
o
A=75'18'25"
R=25.00
`" o N00'27'37"W (R)
L=32.86 R=35.00
v N A=83'07'28"
N11'43'36"W 77.70 R=100.00 0 L=50.78
A=18'08'31" z
L=31.66
co
N06'24'55"E 107.93 z
U
R=778.00
A=10*05'31 ° R-O-W
TRACT 1A L=137.04
1,297,673t SF N16'30'26"E 347.24
FUTURE DEVELOPMENT Q N
N73'2166.84 �� v
166.84
a
CO
V
p� N16'30'26"E
33.32
SCALE: 1" =160'
0 x/80 160 320
TRACT 1B
va /
95,867t SF
FUTURE DEVELOPMENT h �.
41���� o MCCORMICK VILLAGE DRIVE &
TRACT 1A, 1B, I 1D, 1L, & I
DETAIL
R=645.00
N67'28'07"E A=11'32'09" 661� pi,� o
173.59� L=129.86� �yo °p co
N59'36'55"E 115.59
�� 1195ti 00
Gti L�
R=645.00 A=53'50110" L-6p605 G5 G'I
C
a C4 0.71 - L8
R'715.00 4=35C52'21" L=447.66
L16C14 C13 C1i
L11
TRACT 1K
17,417t SF
OPEN SPACE
N08'30'06"W
159.85
TRACT 1S
FUTURE DEVELOPMENT TRACT
SEE SHEET 11 FOR
BOUNDARY DIMENSIONS
SEE SHEET 5
2"EI 2.14L C9
SEE SHEET 6
1111'G6
TRACT 1L
52,025t SF
OPEN SPACE
L9 L14
0
L13
C11
L12
0
W
o�
0
.N
el-
0
o PCB P MCW
_N67'28'07"E
69.30
-NO3*20'34"W
242.41 LEGEND
TRACT 1C R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
554,869t SF RECORDING OF THIS PLAT
OPEN SPACE/STORM DRAINAGE
R=467.00
A--3'08'43"
L=25.64
N7358'
W 334.13
4'52'46"E 35.22
R=467.00
A=20'43'36"
L=168.94
TRACT 1D
176,755t SF
STORM DRAINAGE
�� 113.32
C • N79 5727"w
cb,
0
h �
N
2
N84'57'50"E
121.31
,1y� R Sph,9
�v �E WAsxr �vl
:Z v 0.
T:rn x.a
o . .���
41299
,:-O*AL L A� �
LINE TABLE
CURVE TABLE
LINE #
BEARING
LENGTH
CURVE #
RADIUS
DELTA
LENGTH
L1
N59'36'55"E
115.59
C1
800.00
10'05'31"
140.91
L2
N67'28'07"E
173.59
C2
850.00
7*51'12"
116.51
L3
N67'28'07"E
173.59
C3
667.00
15'35'30"
181.51
L4
N67'28'07"E
104.29
C4
667.00
54'07'49"
630.15
L5
N59'36'55"E
115.59
C5
667.00
38'32'20"
448.64
L6
N16'29'28"W
114.76
C6
802.00
7'51'12"
109.93
L7
N14'32'48"W
116.74
C7
715.00
9'32'07"
118.99
L8
N75'27'12"E
226.05
C8
25.00
85'38'31"
37.37
L9
N77'30'55"W
68.98
C9
25.00
47'20'48"
20.66
L10
N10'39'17"E
111.13
C10
25.00
33'20'01"
14.54
L11
N43'59'17"E
15.39
C11
50.00
11'28'42"
10.02
L12
N43'59'17"E
15.39
C12
35.00
33'20'01"
20.36
L13
N10'39'17"E
93.33
C13
25.00
91'56'40"
40.12
L14
N79'20'43"W
124.00
C14
25.00
85'03'24"
37.11
L15
N08'30'06"W
49.85
L16
N81'29'54"E
208.00
L17
N09'51'17"W
106.81
L18
N16'29'28"W
111.30
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
,%wUKC PLANNING
�zw� DESIGN SURVEYING
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 119 of 221
Back to Agenda
N1113'34"E
46.01
SCALE: 1" =150'
0 75 150 300
R=1035.00
A--11'24'37"
L=206.12
TRACT 1H
4,837f SF
FUTURE DEVELOPMENT
N0011'03"W-,,
43.61
R=500.00
A--3810'23"-
L=333.12
SCALE. 1 "=100'
N37'59'20"E
82.11
MU`U`ORVIC`K WEST DIVISION I I
R=1079.00 --,-N37'47'02"E
A=12'23'16" 77.10
L=233.29�
A PORTION OF THE NW, NE, SW 1 /4, AND THE WEST HALF OF THE SE 1 /4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SEE SHEET 4
N24'25'48"E 670.30 /
R=686.00
A=11'24'37" cb SyFFr
L=136.61
L23
L22 0
N00'11'03"W C17 L21
92.57 ,,_
R=648.00
A=32'01'57"
L=362.28
R=648.00
A=5'56'08"
L=67.13
�R=1079.00
A=12'10'58"
L=229.43
N25'36'04"E TRACT 1H
63.61V FUTURE DEVELOPMENT
SEE DETAIL
19,
-1/
51'
O
' N
).
rn
N
6
rn
�
W
"
M
�
_W
M
Z
M
_r
'
Z
�O
V
cif
C20
N
N11'1,
105.0
198,
rn
N78 46'
N
J
I51'
0
0
�1
V14
LINE TABLE
LINE #
BEARING
LENGTH
L20
N29'00'00"E
479.14
L21
N84'43'44"E
105.00
L22
N05'16'16"W
14.68
L23
N82'32'44"W
110.95
L24
N76'04'31"W
105.00
L25
N13'55'29"E
2.69
L26
N24'25'48"E
104.00
L28
N24'25'48"E
27.65
L29
N00'11'03"W
92.57
L30
N37'47'02"E
77.10
LEGEND
SHEET 5 OF 11
CURVE TABLE
CURVE #
RADIUS
DELTA
LENGTH
C15
160.00
12'43'33"
35.54
C17
25.00
73'44'23"
32.18
C18
565.00
13*12'14"
130.20
C19
616.00
4*10'02"
44.80
C20
25.00
94'10'02"
41.09
C21
616.00
7*14'35"
77.87
C22
670.00
3'03'29"
35.76
C23
25.00
54'24'43"
23.74
C24
90.00
31'25'56"
49.37
C25
25.00
58'33'04"
25.55
C26
616.00
13'12'14"
141.96
C27
667.00
11'24'37"
132.83
C28
1060.00
12*10'58"
225.39
C29
619.00
11'31'38"
124.54
R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
DETAIL
NOT TO SCALE
s�- o �RP�1 tiG
N88'56'22"W N44'14'54"E
11.70�
6.75
R SPR9
OF AS
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
3 N88'56'22"W 2297.29 8 9
- - - o PLANNING
\ 17 160.
s� 41299 q DESIGN SURVEYING
�'I�.�ts•rE4'.'�'S
L LA19 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 120 of 221
Back to Agenda
Mu"U"ORMIC-1K WEST DIVISION 11
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SCALE: 1" = 40'
0 20 40 80
4`3
,5� 07 49 L
R-667 p0
o
a -' \ N7527'12
\ 60'p0
10' P.U.E \ \
\ 60.00 \ \� 5'
S.D.W.E
\\ 10' P.U.E 51 \\ \ 5' \\ \\
\ Nq S.D.W.E \
s' \ \ SEE E.P 7 \\ 2
\\ \\ \\ 7,566t SF \\ "c)
\ \\ 1 \\
10
7,346t SF \\
\ \ c \ ?
130 \ \ p \\\ \ L=34.05-� -\ \
46.p5
60.00
\ \\� 5'
\
\\ \\r S.D.W.E
\ 3
\\ 7,895t SF
1ti � 109 g
0 D��• 511`L
Et��OtiO p� 10g 9� I
I
0I
0
^I
WI
^I N
OI
n
OI
Z
TRACT 1L I
52,025t SF I
OPEN SPACE I
SEE SHEET 4 FOR
BOUNDARY DIMENSIONS I
I
I
I
_I
N773D'55„w I
68.98
I
N13'19'05"E I
122.56�
/
4
11,289t SF
_o
Z
M
0
1z
�
S.D.E L1
R=50.00
28, /
v �� C2 g66 p=6'024Z � R:6p �� /�C13 N7920'43"W
40.00
„ 0 110.
1
��88• `SO 12 E 0 r, 90 *
/ ",& 2 p., N75 27 ),47 L=66.57 N8129 S4 E 4`705. Z° I 1 0
1
1 I
\
100 1� I
I
1
10' S.D.E
1
1
1
1
.E 1
I
1
101
I
I
I
I
I
I
I�
I
10' P.U.E
I
I
I
102
I
I
103
a3'03'12" \\ \
L=34.74 \\ \\
\
S.D.E
- 14.49 C3 C4
25.51
40.00
68.79
A2 N 6 0 - °°' i z
o� EN RpAp SW 40.0o R=3s.00 4\� " I 1
7
s� 8460 GREAT G� W TRACT 1N_ ± SF_ °So `0 7,19st SF 1 (
\� N75.27'12'E 31.88 N7527'12'E Rcs
=o0242„ L=64.36 1�.U.E_ OPENSSPACE 1 \P�� °°os 6, / C15 '�
82 2 P..A.E r ,�
\ i N83'30'06"W 100.00 \� �' ^� -110,
N / N72'06'36"E I J �' / N7920'43"
47.79 C20 W 122.26 _*
s
R=25.00 N17'53'24"W (R) 51
5
A=82'41'46"
8,771t SF
I
s
L=36.08
a0'42'52"
I
8
7,236t SF
I
L=10.60
a
I
M I
0
10' P.U.E
N83'30' 06 W 156.23
I 21'
I 21'
I
N83-30'06"W
113.98
ItI
It
M r
I
M
I
00
N
O
50
8,892f SF
I o vi
O
CD I
It
it
I O N
c I 9
6,514t SF
19'
51'
N
I N I
I
U
10' P.U.E - y o
I
J
r
rn
N83'30'06"W 140.96
Z N
d
I
N83'30'O6"
I W 105.00
LO
M
W
10' P.U.E
49
Q
a
8,113t SF
i `14 I C:5
I 10
o
.
6
II
a
o '
6,300t SF
00
it
J
z
I�
I C�
I
00
~
I
o
o
�
N83'30 '06"W 130.23
I
4Qj
`M
a
M
Qc
CS
I I
N83'30'O6'W 105.00
I
I
I
I
I I
I I
I
I I
I
I I
I
I I
I
' I
I
I I
I
I I
I
1 I
I I
I
I I
SEE SHEET 10
I
I
I
I
I w
I �r
I !�
I * N
J CO
g S.D.E I I I I Z
o� 48 Io �I
`� 7,798t SF I � I 11 ; s
��
a I I it
6,299t SF00
A-1'07'12"
L=12.00 I C19 t,--0'13'07"
�
N84'58'17"W 123.81
I N83'43'1311W L=1.78 105.00 *
I
W I I
I �
I 47
12 �
I
I
I
I
I � �
SEE SHEET 7
of a 9�lrtt�
-
ca x .
0 ; �o
�'�,'• 41299 �q •'Q�W
�t91 •GI STEt;'•'�'l�'
L L A,
•
O
O
E.P
P.U.E
P.S.S.E
P.P.A.E
S.D.E
S.D.W.E
P.S.A.0
R-O-W
I I
I �
i
I
I
I
I
I
I
I
I
I
I
�- 20' P.S.S.E
I
I
55.56 _ - N7920'43"W
/ - 124.00
5
/ TRACT 1M 7,440t SF '
1,547t SF i o
/ P.S.A.0 S.D.W.E �1 0
20.00 r N7920'43"W f- 5' i
124.00--- 1
Z 1 1
' 1
6 '
6,300t SF 1 O
V 1 goo 00
1
1
1
1
SHEET 6 OF 11
TRACT 1C
554,869t SF
STORM DRAINAGE/OPEN SPACE
SEE SHEET 4 FOR
BOUNDARY DIMENSIONS
LINE & CURVE TABLE
TAG #
RADIUS
BEARING/DELTA
LENGTH
C1
25.00
47'20'48"
20.66
C2
25.00
40'42'32"
17.76
C3
81.00
6'47'34"
9.60
C4
50.00
25'56'14"
22.63
C5
50.00
15'47'32"
13.78
C6
50.00
50'06'10"
43.72
C7
50.00
11'28'42"
10.02
C8
50.00
24*15'39"
21.17
C9
25.00
33'20'01"
14.54
C10
35.00
33'20'01"
20.36
C11
55.00
33'20'01"
32.00
C12
55.00
29'00'21"
27.84
C13
55.00
419'40"
4.15
C14
50.00
43'50'27"
38.26
C15
50.00
1 *11'19"
1.04
C16
50.00
24'44'55"
21.60
C17
50.00
25*56'14"
22.63
C18
81.00
4'36'23"
6.51
C19
572.00
013'07"
2.18
C20
39.00
19'15'31"
13.11
C21
39.00
85'44'29"
58.36
C22
25.00
86'57'06"
37.94
L1
N43'59'17"E
15.39
L2
N43'59'17"E
15.39
L3
N43'59'17"E
21.84
FOUND SURVEY MONUMENT/MARKER AS NOTED
SET CITY OF PORT ORCHARD STANDARD MONUMENT
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299"
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG
PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER AT NOTED DISTANCE
PER REAR LOT CORNER OFFSET TABLE, SHEET 2.
PRIVATE 5' X 10' WATER EASEMENT, SEE E.P. 8
PRIVATE 10' X 15' SEWER EASEMENT, SEE E.P. 9
EASEMENT PROVISION, SEE SHEET 2
PUBLIC UTILITY EASEMENT, SEE E.P. 1
PUBLIC SANITARY SEWER EASEMENT, SEE E.P. 2
PRIVATE PEDESTRIAN ACCESS EASEMENT, SEE E.P. 10
PRIVATE STORM DRAIN EASEMENT, SEE E.P. 6
PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P. 4
PRIVATE SHARED ACCESS AND UTILITY, SEE TRACT NOTES AND E.P. 3 & 5
RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
CIVIL ENGINEERING
con LANDSCAPE ARCHITECTURE
PLANNING
�zw� DESIGN SURVEYING
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 121 of 221
Back to Agenda
A PORTION OF THE NW, NE, SW 1 /4, AND THE WEST HALF OF THE SE 1 /4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SEE SHEET 6
I �
I 48 I
SCALE: 1" = 40'
0 20 40 80 I I
N84'58'17"W 123.81
I N
^ W o
I n
I I 47 I N
I n 8,207t SF I _
I
o
a I M ^o
I
I I a
I a
I N89'31'02"E 127.08
IN
00
I
I o to
I I0
rn
I J 46 21' 21'
O J
I 8,937t SF co
M LO
/ O I L O
I 4 F
/ / a W I M �'
/ N O 00
/ N84'00'22"E 144.18 I U) N
N N it J
/
Co °°
I N
/ J ao
cJLID
N
45 II Nro
N I
/ 10,800t SF S.D.E
ro
rn
LO
h
,M cv
8' P.P.A.EI o
a/vh'g,�^� Q Q� N�$•29,41••E 1��.9 IILQ
N \ cO0
LLI/ h� 44 \ s
12,913t SF \
/ 19, /
/P
hti 151, 161 5g A=0'20'50" \
N6S. N�33g19 L=3.72 \
10' P.U.E
/ Co
/ �� #43 \
5 11,077t SF c
10' P.U.E
^ w
04.
CO s� 8,791t SF S.D.W.E \
�36'52'11" r<v Op`N125212
� � 000 \ 10' P.U.E =N / 6,3 0o SF 5
5,
a
Cvo 41
�2�Op 6,300t SF
Ez
° .27 sqo a 42
40
S.D.E 9,320t SF
N
8204 4.04
/ 0=161537" `� /ys .00
L=7.09
10' P.U.E 4k /
3
ao 4j04 8 4 B C� \ `�
o / 6 p 0 \ `R e!/,Q S82p /a
/ Q/N 38 0 ,�5' \ F , 9,346t SF
60
00
co
S.D.E
37
6,300t SF i 10' P.U.E 4S 0
S.D.W.E
ifS 4 , h o � 5•36
6,300t SF / I
5a
, /
W
W `'N6S3�00 35 / v�
5' i 7,216t SF / cj
W 31 5' /
i i i 534�2•� i S.D.W.E
/ 32 />0
CIV
5 � oo
33 Mo /
34
SEE SHEET 8
N84'5��
35.22
LEGEND
SHEET 7 OF 11
FOUND SURVEY MONUMENT/MARKER AS NOTED
SET CITY OF PORT ORCHARD STANDARD MONUMENT
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299"
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG
PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER AT NOTED DISTANCE
PER REAR LOT CORNER OFFSET TABLE, SHEET 2.
PRIVATE 5' X 10' WATER EASEMENT, SEE E.P. 8
PRIVATE 10' X 15' SEWER EASEMENT, SEE E.P. 9
EASEMENT PROVISION, SEE SHEET 2
PUBLIC UTILITY EASEMENT, SEE E.P. 1
PUBLIC SANITARY SEWER EASEMENT, SEE E.P. 2
PRIVATE PEDESTRIAN ACCESS EASEMENT, SEE E.P. 10
PRIVATE STORM DRAIN EASEMENT, SEE E.P. 6
PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P. 4
PRIVATE SHARED ACCESS AND UTILITY, SEE TRACT NOTES AND E.P. 3 & 5
RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
LINE & CURVE TABLE
TAG #
RADIUS
BEARING/DELTA
LENGTH
C23
25.00
90'00'00"
39.27
C24
25.00
90'00'00"
39.27
C57
25.00
53'07'49"
23.18
C58
25.00
73'44'23"
32.18
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
PLANNING
DESIGN SURVEYING
Page 122 of 221
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 I
JOB NO_ 20197
Backto Agenda
0111 =,Im�
it
A PORTION OF THE NW, NE, SW 1 /4, AND THE WEST HALF OF THE SE 1 /4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
SEE SHEET 7
/10
37
SCALE: 1" = 40' S.D.W.E
Q %
0 20 40 80 / V / �� 5' J \ �6S' ¢.04 / / % /
36
10' P.U.E pp•\
.4 / / 31 0 /'`' 5'
9,346t SF o �' / /^ ,,y 600p
0=16'15'37" 653412
o �;j R, L=7.09
,4
10' P.U.E =ry / i 6,3 0? SF �� / /� 5' i
I \ 8204 \\ i -1
33
6,300± SF
� /
. �90 po
/ 1g/ \ \ 4\ c \ S.D.E
/ / \ \ 24.04
6000
34 yw
/ 10' P.U.E L=7.09 T 2
6000 2 .0
4 S2g\ \ \ \
^• .4 0
\
CIO/ 30 / \ F
8,877f SF ; �RryA� \
/ N N ono o / o // // / \ \ \ 6p 0
0
5' cV �' 29 a / S.D.E \ \
6,505t SF
S.D.W.E i Co
a\6.68 N6S34'12:v � w° i 10' P.U.E J \ \ r
o V '1y / / a / 28 0
N �O ��Q \`' 8.90J i _� i 6,505t SF i \I
Sp 3412„ 5' ti /
/ � / / °o, 6 / ; a / 27
` /
' �� 000•- / / _� i 7,838t SF
10' P.U.E / o //�� 5' / / / / ,
52 ; a i �,, S pp
/ 6,576t SF �q' 0 53412ydY /' ,'--- 5'
�16'15'37" i / i S.D.W.E /�� s000,\J
/ ;° I L=7.09 /�� SO00 4 r/ D
53
s 10' P.U.E % / =ti 5,421t SF % i ^Q5 5 % ry/�� 5' \\�� �65341 °QMti
6 2 6 v aq'
54 % o �/ i 028 9 06
368 \ \( i i/ N 5,421t SFCO
S.D.W.E /
55
��o0p00" \ C,qR Sp0� \ ? 5,421t SF / ,� co) /
N �i O ;n /
l
68 S0 \\ 0\ 60 NS.D.E 56 11-c /
r
h o \ 7,148t SF I
:v o 0 0=16'15'37' \ \ / / Ic `� I
=N ti od L=7.0910' P.U.E J i ,\ 5,200 �653412y 501)
000 \ ~� 5 I v I N a
5' \ \ 229 8 CO 30568 N 2 .0199 \ \ _ / O
6,595t SF 00 \ C27 ho0 y OC I L:
LEGEND
i*
RIA
E.P
P.U.E
P.S.S.E
P.P.A.E
S.D.E
S.D.W.E
P.S.A.0
R-O-W
/ r� / , p e .y�•
voo
/ a 98 / I• \ U00 R=110.00 35.01
i 5,250t SF i Q , / \ 4--29.42,0"
S.D.E \ 42 L=57.02 N84'43'44"
11' 0 3
B2 / S.D.W.E i h 97 i o"' i /\ 8S 4c2S3g41" 4� R-?
83 / i i a 5,250t SF L=58.67 8SS 'oo
I-` 5' / i i s� 96
5000 `� 5' i =`vim 5,250t SF i i
\ N6 3 S0• 00. / 95 , 00
S 412yly S.D.W.E / 2`�'� 5,912t SF r�u I 0 o
24j2� v IT �' �' it 94 o
5000 i i 5' may/ z 8,210t SF I
�8'11'05' /
/ L=35.28 / / II
FOUND SURVEY MONUMENT/MARKER AS NOTED \\�/`� 28'43`� i i A=5'04'43" I J
SET CITY OF PORT ORCHARD STANDARD MONUMENT 5 \ , / L-21.89
N13'55'29"E
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" R 24j
4,13.15'� p \\\\
i
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG (`5?188 -_� 7 0,
PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER AT NOTED DISTANCE q'
PER REAR LOT CORNER OFFSET TABLE, SHEET 2. N7g27'46"W 10715
PRIVATE 5' X 10' WATER EASEMENT, SEE E.P. 8
PRIVATE 10' X 15' SEWER EASEMENT, SEE E.P. 9
EASEMENT PROVISION, SEE SHEET 2
PUBLIC UTILITY EASEMENT, SEE E.P. 1
PUBLIC SANITARY SEWER EASEMENT, SEE E.P. 2
PRIVATE PEDESTRIAN ACCESS EASEMENT, SEE E.P. 10
PRIVATE STORM DRAIN EASEMENT, SEE E.P. 6
PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P. 4
PRIVATE SHARED ACCESS AND UTILITY, SEE TRACT NOTES AND E.P. 3 & 5
RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
SEE SHEET 5 FOR
TRACT BOUNDARY
SHEET 8 OF 11
SEE SHEET 7
J
35
0
0
/ 21' ca0• /
6,3(
<o� oZ W
/ o /
00 22
/ 6,300t SF
.00
3412y
23 /
10' P.U.E 6,300t SF i
/
N
,v6534
12y�
1ps00
24
A=0'29'38" 6,300t SF
L=4.27
NsS3
,Y
10,502
iVsS.
3412y
L1.33' 3" iv 109 18
N82'32'44
N8— 4"E 105.00
w I
Go� I--10' P.U.E
o I
o I o°O0 (D
T)
0.9
0I
0
MI N
57
5,250t SF
N84 43
58
A=7'07'32" 5,811t SF
L=25.12
N88'08'44"W 105.09
�A--12'04'13"
L=42.55
I 59
I 6,206t SF
N76 0431 "w 105.0p
2.68
fly R SPR9
�v� OF Wggxt��rj�
�'..p 41�299
`S's •fit sTE4'.'•'�
I L
/
/
/
/
/
/
/ o0
� oo•
10,
/
/
/
/
/
/
/
/
' o
/ o
o0
/
/
/
/
/
/
, o =
, oo•
/
/
/
/
/
20
19
SEE SHEET 4 FOR
TRACT BOUNDARY
N8 5 574 0"E 121.31
SEE SHEET 5 FOR
TRACT BOUNDARY
LINE & CURVE TABLE
TAG #
RADIUS
BEARING/DELTA
LENGTH
C25
25.00
92'53'34"
40.53
C26
25.00
90100'00"
39.27
C27
89.00
22'13'44"
34.53
C28
131.00
14'48'26"
33.86
C29
131.00
10'51'15"
24.82
C54
25.00
73'44'23"
32.18
C55
25.00
73'44'23"
32.18
C56
25.00
73'44'23"
32.18
C59
25.00
1 73'44'23"
j 32.18
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
PLANNING
DESIGN SURVEYING
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 123 of 221
Back to Agenda
LEGEND
MCCORMIC"K WEST DIVISION It
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
FOUND SURVEY MONUMENT/MARKER AS NOTED
SET CITY OF PORT ORCHARD STANDARD MONUMENT
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299"
SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG
PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER AT NOTED DISTANCE
PER REAR LOT CORNER OFFSET TABLE, SHEET 2.
PRIVATE 5' X 10' WATER EASEMENT, SEE E.P. 8
PRIVATE 10' X 15' SEWER EASEMENT, SEE E.P. 9
EASEMENT PROVISION, SEE SHEET 2
PUBLIC UTILITY EASEMENT, SEE E.P. 1
PUBLIC SANITARY SEWER EASEMENT, SEE E.P. 2
PRIVATE PEDESTRIAN ACCESS EASEMENT, SEE E.P. 10
PRIVATE STORM DRAIN EASEMENT, SEE E.P. 6
PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P. 4
PRIVATE SHARED ACCESS AND UTILITY, SEE TRACT NOTES AND E.P. 3 & 5
RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
TRACT 1S
3,157,564t SF
FUTURE DEVELOPMENT TRACT
SEE SHEET 11 FOR
BOUNDARY DIMENSIONS
SCALE: 1" = 40'
0 20 40
LINE & CURVE TABLE
TAG #
RADIUS
BEARING/DELTA
LENGTH
C30
25.00
90*00,00"
39.27
C31
25.00
52*10'09"
22.76
C32
50.00
39'45'26"
34.69
C33
50.00
53'51'17"
47.00
C34
50.00
54'36'00"
47.65
C35
50.00
46'07'34"
40.25
C36
25.00
47'38'32"
20.79
C37
25.00
4'31'37"
1.98
C38
25.00
90'00'00"
39.27
C39
25.00
21'06'01"
9.21
C40
25.00
68'53'59"
30.06
C60
25.00
68'53'59"
30.06
C61
25.00
21'06'01"
9.21
104. 00 /
00
o /
^� h 4 .
a�
Q
5
/ I1/A ,
R
\ T
16Q 00
331 /y6S34 \
01J /
i5t SF /
I SPACE/
N
CC
�Q.
Q`
SEE SHEET 4
SHEET 9 OF 11
1
�
I
I
h
u
�
0o Q
v
/
0.00 39
a
.09 ,
6f SF
i \ / /
O.00
27 \
sb /
A=16'15'37
L=7.09 \
/ 10' P.U.E \ \ \ lLJ
oo W
/ 19, oo Q� / 38
I
37
/C /
5,j
10' P.U.E
31
vo 0 I 0=16'15'37"
A.\r's Q L=7.09 i i
\ ; \ i i 32 i
\ ;
33
/
\
/
c,
2w
36.04 s2 :04
i \ \ Is
30AF'Qr\ W
lgLLJ
cF \
29 ; 7*-
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
PLANNING
SURVEYING
Page 124 of 221
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Back to Agenda
SCALE: 1" = 40'
0 20 40 80
LINE & CURVE TABLE
TAG #
RADIUS
BEARING/DELTA
LENGTH
C41
25.00
52*14'17"
22.79
C42
25.00
93'32'24"
40.81
C43
25.00
91'56'40"
40.12
C44
25.00
89'52'28"
39.22
L4
N75'27'12"E
2.14
W.WX%,
Mu"U"ORMIC-1K WEST DIVISION 11
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
N81'29'54"E
21.08
52.00
ao
iD o
M 133
co -- 5,720t SF
O
Z o
0
M
00
0
z
TRACT 1K
17,417t SF
OPEN SPACE
208.00
N81'29'54"E 5200
52.00
0
132
5,720t SF
3
0
0
0
z
I
131
5,803t SF
0
0
0
z
A=0'47'18"
L=7.97
S.D.E ___--
45.55
52.00
130
5,714f SI
_ — — — 52.00
52.00 170.62 R=60p'0 63.3�
SW 170.58 p_6.0242' �_
THORNH�LL AVENUE
R.O_W 55�,
_ N81'29'54"E
170.58 O
�=5' S9 �=65.02
Ol' Off` y0
ta
�1.85
�0,0��0 10' P.U.E 31.00
� � R=6
79.05 Cg �- v . p=8'510
54 2
rn N81'29'"E A E_g7,47
®
FOUND SURVEY MONUMENT/MARKER AS
NOTED
®
SET CITY
OF PORT ORCHARD STANDARD
MONUMENT
•
SET 1/2"
REBAR WITH YELLOW PLASTIC
CAP STAMPED "CORE 41299"
•*
SET 1/2"
REBAR WITH YELLOW PLASTIC
CAP STAMPED "CORE 41299" ALON
PROPERTY
LINE OFFSET FROM REAR PROPERTY CORNER AT NOTED DISTANC
PER REAR
LOT CORNER OFFSET TABLE,
SHEET 2.
WO PRIVATE 5' X 10' WATER EASEMENT, SEE E.P. 8
OS PRIVATE 10' X 15' SEWER EASEMENT, SEE E.P. 9
E.P EASEMENT PROVISION, SEE SHEET 2
P.U.E PUBLIC UTILITY EASEMENT, SEE E.P. 1
P.S.S.E PUBLIC SANITARY SEWER EASEMENT, SEE E.P. 2
P.P.A.E PRIVATE PEDESTRIAN ACCESS EASEMENT, SEE E.P. 10
S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P. 6
S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P. 4
P.S.A.0 PRIVATE SHARED ACCESS AND UTILITY, SEE TRACT NOTES AND E.P. 3 & 5
R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON
RECORDING OF THIS PLAT
TRACT 1S
3,157,564t SF
FUTURE DEVELOPMENT TRACT
SEE SHEET 11 FOR
BOUNDARY DIMENSIONS
_
I =00
A=37 50 28
L=16.51
100
M
1
0
o I
6,082f SF
;.,
129
I
o
Z
N I
A=1"
co N
5,829t SF A=0'29'32"
�?
L=14.26
.26
`O
Z
L=5.22 I
N
1
A=O'29'32"
1_
1
N82'37'48"E 104.01
L=4.33
I
N81'51'54"E 104.00
8' P.P.A.E
'-
�
II...-10' P.U.E
I
I
o
I
It
101
128 S.D.E
N
i 6,337t SF
"'
5,852t SF
I
00
r,
I
a
N87*36'11"E 104
(
N87'39'50"E 104.00
1
21 I
21
I
o
rn
r--� U II
O d J
rn
N
J
cD
N
o c
co
v � J
o a
0
I d u5
hJ
v
127
5,852t SF
10' P.U.E ---�
I I
UQ
I �
Itn
N86'32'14"W 104.00 a
126
5,852t SF
N80'44-4, 00
125
5,852f SF
N,43622"w 1p4,0p
� o
124
5,852t SF
Nsg•
o826,W
104.00
123 /
122 /
/
121 /
SEE SHEET 9
I O
J 10�
I V cn
cr
I � O
of a 9�lrtt�
co
x .
�'�,'• 41299 �q •'Q�W
�t91 •GI STEt;'•'�'l�'
O*AL LNO
s
It
I
0
0
00
c9 M
00(.6 `n
M
ILp
ro It
Q J
19'
I
10' P.U.E
51, d-
w
SHEET 10 OF 11
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
%oUKC PLANNING
�zw� DESIGN SURVEYING
12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877
JOB NO_ 20197
Page 125 of 221
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MCCORMIC'K WEST DIVISION It
A PORTION OF THE NW, NE, SW 1/4, AND THE WEST HALF OF THE SE 1/4
SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.
CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON
16 5 _ _ N88.35'11"W 2582.13
7 8_
o
o00
/ N
11)
i
7 8
SCALE: 1" = 400'
0 200 400 800
I
1
7 8
18 17
1786.35
TRACT 1
LAND SEG
AFN 200010310145
LINE TABLE
LINE #
BEARING
LENGTH
L1
N88°56'22"W
130.60
L2
N37°59'20"E
82.11
L3
NOO°11'03"W
43.61
L4
N24'06'12"E
108.50
L5
N18°18'18"E
104.60
L6
N6534'12"W
36.61
L7
N0837'38"W
94.67
L8
N63°11'34"W
55.63
SHEET 11 OF 11
OLD CLIFTON ROAD 5
- � - '
----N88'35'11"W 801.02 ------------------------- - N8T0201 "W 263880
.
-- ------ ---- �________-__ - - - _ 5
R=1402.39 QPRN �2'Lob", 25' INGRESS/EGRESS/UTILITY -�
A=3'48'06" g�P P "W
EASEMENT AFN 9609240198, 3043944
L=93.05 M N87'0017205.07�
0 PFN 2p2�O
� o
0
N88'35'11 "W ="
62.50 z
I N88'35'1I "W
N11'25'35"W 446.00
192.58
a�
h
3
'bo
Z
N01'27'44"E
166.00
TRACT 1T
1,813,210t SF
FUTURE DEVELOPMENT
chi TRACT
N6 .
ri; cpo�.
1�4
!y U
C�'
R=90.00
A=202'47'46"
L=318.55
19 S!>-
�o
L6
0
0
CO
v�
N65'34'12"W
109.19
N24'25'48"E
178.28
R=635.00
A--1312'14"
L=146.34
�W
T
R=1035.00 z
A=11'24'37"
L=206.12�
TRACT 1S
3,157,564t SF
FUTURE DEVELOPMENT
TRACT
R=500.00
A--38'10'23"
L=333.12
0o r
R=25.00
A=65 46 20
R=25.00
L=28.70
00
• A=5833'04"
h L=25.55
2N
N52'52'17"W
/-382.16
R=570.00 < //
'A=20'45'53" \
L=206.57 SEE TRACT
DETAIL SHEET 4
N08'30'06"W
159.85
SEE MAP
SHEETS 6-10
N81-29'54"E
21.08
----1R=504.00
FA=33'03'26"
L=290.79
N
25'48"E
55
�S3'48"W -,5
SEE MAP
SHEETS 6-10 \
SEE TRACT
DETAIL SHEET 5
N88'56'22"W 998.33 8 L1 J
TRACT 3 17 88°56'22"W 5212.56
LAND SEG
AFN 200010310145
/ MCw6eG 6�
vo\. 2
TRACTS 1S & 1T DETAIL
�RP�� F MAW
2v0�M26 P.G ��
/
\
\
MW��PG ti9 �
2297.29
�.v'� , • �F .WASk J Gtj�
o
41299
��sCISTE4�
j�NAL
I
I
8 9
17 16
7
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
'Con PLANNING
""1111111zw� DESIGN SURVEYING
12700 NE 195th St, Suite 300 Bothell, Washington 98071 425.885.7877
JOB NO_ 20197
Page 126 of 221
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CITY OF PORT ORCHARD
Development Director
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 874-5533 • Fax: (36o) 876-498o
planning @ cityofportorchard.us
www.cityofpor-torchard.us
February 1, 2022
City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Recommendation of Approval of Final Plat for McCormick Woods West Division 11
(LU21-PLAT FINAL-02)
Dear City Council:
In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the
subdivision documents for conformance to applicable land use regulations and to the
conditions in the Kitsap County Hearing Examiner Decision dated May 30, 2008 and
the subsequent administrative minor plat amendment decision issued by the City of Port
Orchard Development Director on February 12, 2021. An appropriate performance bond has
been received by the City of Port Orchard for certain civil improvements which adequately
satisfies the conditions of preliminary plat approval. An appropriate performance bond
has been received by the City of Port Orchard for certain landscaping improvements
which adequately satisfies the conditions of preliminary plat approval.
The subdivision complies with all terms and conditions of the approved preliminary plat that
are within the authority of the Department of Community Development. I therefore
recommend approval of the final plat.
Sincerely,
Nicholas Bond, AICP
City Development Director
Page 127 of 221
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CITY OF PORT ORCHARD
Public Works Director
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 876-4991 + Fax: (36o) 876-498o
m_d_orsey@cibmf poonhard.us
www.cit orportorchard.us
December 6, 2021
Port Orchard City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Recommendation of Approval of Final Plat for McCormick West Division 11
Dear City Council:
In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the
subdivision documents for conformance to applicable land use regulations and to the
Conditions and Mitigation Measures within the Kitsap County Hearing Examiner's
Findings, Conclusions and Decision dated May 30, 20o8 and a minor plat amendment
dated February 12, 2021. The subdivision as presented complies with all terms and
conditions of the approved preliminary plat that are within the authority of the
Department of Community Development.
I also state that the City of Port Orchard has confirmed that it has sufficient sewage
disposal, pursuant to the recent completion of the McCormick Sewerage Lift Stations No.
1 and No. 2 improvements as outlined in the 2018 City of Port Orchard McCormick Woods
Lift Stations No. 1 and No. 2 Agreement. With regards to water supply capacity, the
development is located within the City of Port Orchard's Retail Water Service Area and
sufficient water supply is available. Finally, the final plat documents have been reviewed,
and I have confirmed that all working drawings and specifications for the improvements
have been prepared in conformance with City standards and that all required
improvements are either complete and accepted, or that a Performance Bond has been
established for all unfinished work. I therefore recommend approval of the final plat. If
you should have any questions, or need additional information, please feel free to contact
me at this office.
Sincerely,
Mar . orsey, P.E.
Public Works Director/City En
MRD;mrd
Cc: Charlotte Archer — City Attorney
Nick Bond — Development Director
File
\\Po-store\permitcenter\0 PERMITS\Land Use\Subdivisions\2 Final Plats 2017-2021 \LU21 -Plat Final-02 McCormick West
Division 1 1\Working File\City Engineer F-Plat Approval -McCormick West Div 1 l.docx
Page 128 of 221
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BILL OF SALE
THIS BILL OF SALE is made and executed this �''day of 20d&
by and between _McCormick Development Corp , a Washington Limited Liability
Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal
Corporation, hereinafter called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the
City of Port Orchard ownership in the following described personal property situated in Kitsap
County, State of Washington, and installed by the Grantor to date, TO WIT:
Public sewer mains and public road and storm improvements and associated appurtenances
constructed on -site at the McCormick West Division 11 PH project located on parcel 082301-
1-015-2001. These improvements are further described in Exhibit A and itemized in Exhibit B
both of which are attached hereto and incorporated herein by this reference.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property
above conveyed, that such items are free from all liens and encumbrances, that the Grantor
has the full power to convey and transfer the same, and that the Grantor will defend the same
against the claims and demands of any and all persons lawfully making claims thereto. The
Grantor further warrants that the execution of this Bill of Sale is an authorized act of said
Grantor.
Dated at {<IV-..KL.A,vO Washington, this 3�'
dayof 20�j
GRA O(M Cormic Development Corp)
By:
Its: thorizDedSign tory
Print N e: James N Tosti
PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale — Master Form
Page 129 of 221
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[Remainder of page intentionally left blank]
PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale — Master Form
Page 130 of 221
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STATE OF WASHINGTON )
COUNTY OF )ss)
On this fir') day of 202Z, before me personally appeared
was , 4 me known to be the managing member for
a limited liability corporation, that executed the within
and 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.
Given under my hand and official seal this day of %"�202,Z .
NOTARY PUBLIC
STATE OF WASHINGTON
ANDREW D MARSHALL
MY COMMISSION EXPIRES
FEBRUARY 26, 2025
COMMISSION NO.164918
No a Public in and for the State of Washington,
residing in V"Zu. )
My commission expires 02-1 -1-
Dated at Port Orchard, Washington, this day of 20 Z�—
CITY OF PORT ORCHARD
By: _ \' oenk Z=N Z
Mark E,-Public Works ire r
STATE OF WASHINGTON
)ss
COUNTY OF KITSAP )
On this day and year above personally appeared before me, Mark R. Dorsey, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned,
and on oath states he is authorized to execute the said instrument.
Given un\go?�j„r, y,„hand and official seal this day of 20
t4I N E
��� .•�rc►issio�• �� %��
NO
r
cn �•= N : _ HIV a Public in and fo the fate of ashington,
ec Ic
residing in
O,c��mber My commission expires
PASurety formABUot kh1j\`bpoved by Interim Atty\Bill of Sale —Master Form
Page 131 of 221
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Exhibit A
List of Required Improvements
The following provides a general description of the improvements conveyed under
this Bill of Sale related to the "McCormick Woods West Div 11 Phase 1" project as
shown in the approved construction plans prepared by CORE Design with City
approval dated 7.21.2021.
1.) Specific improvements conveyed under this Bill of Sale include the following elements found
within this approved construction drawings set as follows.
a. Public sewer main extension, associated manholes and appurtenances within the plat
as shown on below plan sheets
i. C5.00-05.11
b. Public water main extensions, associated fittings and appurtenances within the plat as
shown on below plan sheets.
i. C6.00-C6.11
c. Public road and storm improvements, associated structures and appurtenances within
the plat as shown on below plan sheets;
i. C4.00-C4.41
ii. C7.00-CZ07
The items, quantity and value of the improvements described'above and conveyed
under this Bill of Sale are presented in Exhibit B and are associated with City of Port
Orchard Permit #s PW21-027and PW21-028.
Page 132 of 221
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+ + 1333 Lloyd Parkway • Port Orchard, WA 98367
��. (360) 876-9737 • Fax (360) 876-9760
GENERAL CONTRACTORS "Building on a Reputation gf*Quality"
1 /4/2022
Attn: Nick Tosti
McCormick Communities LLC EXHIBIT B
805 Kirkland Ave, Suite 200
Kirkland WA 98033
RE: McCormick West Div. 11 Phase 1 Bill of Sale
Thank you for the opprotunity to provide you with the following Phase 1 Bill of Sale Cost Breakdown to do the work as per the set of
drawings dated Aug. 2021 by CORE DESIGN Engineering. Onsite native materials will be used as backfill.
Item
Quantity
Unit
Unit
Cost
SUB -TOTAL
TOTAL
TAX
ESTABLISH SUB -GRADE +/- 0.10
42,600
SY
$1.50
$63,900.00
$63,900.00
SALES
CRUSHED ROCK UNDER ASPHALT & CONCRETE
$241,074.00
USE
3" CSBC UNDER ASPHALT
26,786
SY
$9.00
$241,074.00
SITE CONCRETE
$250,400.00
UM
18" ROLLED CURB & GUTTER
8,400
LF
$12.00
$100,800.00
SIDEWALKS
26,400
SF
$4.00
$105,600.00
APPROACHES
8,800
SF
$5.00
$44,000.00
ASPHALT PAVING
$435,512.50
USE
HMA
26,786
SY
$14.00
$375,004.00
PATH
4,173
SY
$14.50
$60,508.50
STORM SYSTEM MAIN LINE
$294,050.00
t$W,
12" CPEP
2,000
LF
$28.00
$56,000.00
18" PVC
1,500
LF
$38.00
$57,000.00
24" PVC
1,100
LF
$52.00
$57,200.00
TYPE 1 CATCH BASIN
39
EA
$950.00
$37,050.00
48" TYPE 2 CATCH BASIN
31
EA
$2,800.00
$86,800.00
WATER SYSTEM
$485,520.00
SALES
SINGLE SERVICE
88
EA
$1,650.00
$145,200.00
8" DI PIPE (INCLUDES FIELD LOCK & FITTINGS)
4,640
EA
$39.00
$180,960.00
10" DI PIPE (INCLUDES FIELD LOCK & FITTINGS)
1,840
LF
$54.00
$99,360.00
HYDRANTS
10
EA
$6,000.00
$60,000.00
SEWER ONSITE
$657,280.00
USE,
6" SEWER SERVICE
85
EA
$950.00
$80,750.00
8" SEWER PIPE
2,550
LF
$37.50
$95,625.00
10" SEWER PIPE
3,100
LF
$44.75
$138,725.00
15" SEWER PIPE
1,390
LF
$62.00
$86,180.00
SSMH (GU LINED)
40
EA
$6,400.00
$256,000.00
STRIPING & SIGNAGE
1
LS
$12,500.00 $12,500.00
$12,500.00
SUB TOTAL
$2,440,236.50
"'f!SlTA7E'1N4Yf1DirD7�ifTiS#d8L1SFE9-,
„
9%W.S.S.T
$49,447.80
TOTAL
$2,489,684.30
CONDUIT PURCHASE & INSTALL
2"
$
2.90
LF
3"
$
4.80
LF
4"
$
6.40
LF
CONDUIT INSTALL "ONLY"
2"
$
2.00
LF
3"
$
2.80
LF
4"
$
3.70
LF
We specifically exclude the following items.
Engineering and Survey, Staking, Permits Bonds and Fees, Contaminated or Hazardous Materials, Geotechnical Services and/or Compaction Testing,
Import/Export of soils due to wet weather conditions. Relocation of Existing Utilities (LE GAS & ELECTRICAL), de -watering, Import Topsoils or Compost,
water proofing, temporary fencing, de -commissioning of existing wells and septic systems or anything not specifically stated above.
Page 133 of 221
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CITY OF PORT ORCHARD
PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS
(Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond)
RE: Project Name
PROJECT or PERMIT # PW21-027 & PW21-028
CONTRACT #
SURETY BOND #: 0807263
DATE ACCEPTED:
PROJECT COMPLETION DATE:
McCormick West Div 11 Phase 1
Owner/Developer/Contractor: McCormick Development Corp.
Project Location: Port Orchard WA
KNOW ALL PERSONS BY THESE PRESENTS: That we, McCormick Development Corp.
(hereinafter called the "Principal"), and Harco National Insurance Company a corporation organized
under the laws of the State of Illinois , 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 One Million Ninety Six Thousand Six Hundred Sixty Eight and no/100 Dollars
($ 1,096,668.00 ), 150% of the total construction amount for Private Developers, 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 entered into a certain agreement with the City, to perform
the following project within the City: McCormick West Div. 11 Phase 1
: and
WHEREAS, the agreement with the City requires that certain improvements be made as part of the
project; and that such improvements be constructed in full compliance with City standards, and the plans and
specifications as required by the City; and
WHEREAS, the agreement with the City requires that the improvements are to be made or constructed
within a certain period of time, unless an extension is granted in writing by the City; and
NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until
released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the
following conditions:
A. Conditions.
1. The improvements to be constructed by the Principal include: (Insert complete description here or
add summary here and refer to a separate detailed description attached as Exhibit A)
Street signs, Mailbox CBU's, Monuments, Striping, Streetlights, Joint Utility Trench and Joint Utility Vaults,
Concrete Sidewalk, Asphalt, and Survey/Engineering for As-Builts - See attached Exhibit "A"
Page 1 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27R1405103W# 221
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2. The Principal must construct the improvements to conform to the design, location, materials and
other specifications for the indicated site improvements, as required by the City in the above -
referenced project. In addition, the Principal must construct the improvements according to the
applicable ordinances and standards of the City and/or state statutes, as the same now exist or are
hereafter amended.
3. The Principal must have completed all improvements required by the above -referenced conditions,
plans and City file by unless an extension is granted by the City.
4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors,
material -men and suppliers or others as a result of such work for which a lien against any City
property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port
Orchard, its officers, officials and agents from any claim for such payment.
5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty
(30) days after the completion date set forth in Section A(3) above. Therefore, a Performance
Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be
completed shall be provided prior to the commencement of Work and will be released upon
completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty
Bond. All bonds must be hi a form approved by the City.
6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials
and agents from any claims relating to defect(s) in any of the workmanship entering into any part
of the work or designated equipment covered by the contract between the Principal and the City.
Once the work has been completed and accepted by the City, and all other conditions of this Bond
have been satisfied, this Performance bond will be released and replaced with a two (2) year
Maintenance Bond, not to exceed the sum of * dollars
($ 146,222.40 ), 20% of the total contract amount. This hold harmless and
indemnification agreement shall survive the expiration of this Bond.
B. Default. *One Hundred Forty Six Thousand Two Hundred Twenty Two and 40/100
1. If the Principal defaults and does not perform the above conditions within the time specified, then
the Surety shall, within twenty (20) days of demand of the City, make a 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 B(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's
estimate, limited to the bond amount.
2. In the event the Principal fails to complete all of the above referenced improvements within the
time period specified 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 completing
the improvements. This provision shall not be construed as creating an obligation on the part of
the City or its representatives to complete such improvements.
Page 2 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-i6�s 0�3�6of 221
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C. Corrections. Any corrections required by the City shall be commenced within seven (7) 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 B above.
D. Extensions and Chances. No change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed by the Principal or the specifications accompanying the same
shall in any way affect the obligation ofthe 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. The Surety hereby agrees that modifications
and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety
and any such modifications or changes increasing the total amount to be paid the Principal shall
automatically increase the obligation on this Performance Bond in a like amount.
E. 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 agrees
that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this Agreement shall be in Kitsap County Superior Court.
F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has
been submitted to the City, in a form suitable to the City and until released in writing by the City.
Page 3 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-2Rf,®5lo�Lgd 221
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DATED this 18th day of January
SURETY COMPANY
j(Signatu ust be notarized)
By. rney-cin-fact
Print Name: Jim S. Kuich
Business Name: Harco national Insurance Company
Business Address: PO Box 3018
City/State/Zip Code: Bothell, WA 98041-3018
Telephone Number: (425)489-4500
20 22
PRINCIPAL
(Signature must be notarized)
41�1 (�) /-;�
By: (�
Its �`► vT* ORi j
Print Name: N1412- Erb Y
Business Name: McCormick Development Corp.
Business Address: 805 Kirkland Ave., Suite 200
City/State/Zip Code: Kirkland, WA 98033
Telephone Number: (425)894-6382
CITY OF PORT ORCHARD
ACCEPTED DATE:
BY:
PRIN
ITS:
CITY ENGINEER
BUSINESS NAME: CITY OF PORT ORCHARD
ADDRESS: 216 PROSPECT STREET
CITY/STATE/ZIP: PORT ORCHARD, WA 98366
PHONE NUMBER: 360-876-4991
�.4V
Page 4 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-26p�W olp3 Cpf 221
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FORM P-1 NOTARY BLOCK
(Use for Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
ss.
COUNTY OF 0)
I certify that I know or have satisfactory evidence that mnwIL ome % is the
person who appeared before me, and said person acknowledged that (he/she) signed t is instrument, and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: /
yb
Ali I!Y
Ui nale
print name
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
FORM P-2 NOTARY BLOCK
(Use for Partnership or Corporation Only)
STATE OF WASHINGTON )
ss.
COUNTY OF Kin)( )
I certify that I know or have satisfactory evidence that t=- is the
person who appeared before me, and s 'd person acknowledged as the
of r sc �c� , that (he/she) signed this instrument, on 66 stat d that
(he/she) was authorized to exec to the instrume t and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
NOTARY PUBLIC
STATE OF WASHINGTON
ANDREW D MARSHALL
MY COMMISSION EXPIRES
FEBRUARY 26, 2025
COMMISSION NO.164918
�' 7.crLZ—
Dat d: �`�� � � -�^
' ,d 1illl
signa 4',',.w O I
print name
NOTARY PUBLIC in and for the
State of Was ing n, residing
at: - n
My Commission expires:
Page 5 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20
Page 138 of 221
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FORM P-3 NOTARY BLOCK
(Use for Surety Company Only)
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Jim S. Kuich is the
person who appeared before me, and said person acknowledged as the Attorney -in -fact
of Harco National Insurance Company 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: 1/18/2022
Si
re
!liitl��
'* j�11• G L �� /��® print name
�EXP. 09..
NOTARY PUBLIC in and for the
i NOTARY W ? z = State of Washington, residing
�PUBLIC
� • n = at: Bothell, WA
"�.:
err �`'• M. No •. ��\��� My Commission expires: 9/21/2023
Page 6 of 6
Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20
Page 139 of 221
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tlYr STATE OF NEW JERSEY STATE OF ILLINOIS
SEV SEAL �c` � County of Essex County of Cook
INK
�y JE Kenneth Chapman
�! Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL,
THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, JULIE M. GLOVER, CHAD M. EPPLE
Bothell, WA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 202D
t6�aac�� to
:sIIA .4
1994 2'.
..Nfl>�
'` . h
On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
1"t
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
:. ..•�Uj°'.
New Jersey the day and year first above written.
` Co %,pTARp
JER��o�`
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof. „nd of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, e(' ? h
A01083 ��
4G_�,
Page 140 of 221
Irene Martins, Assistant Secretary
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Page 141 of 221
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EXHIBIT "A"
DESCRIPTION OF WORK ITEM:
QUANTITY:
UNIT:
UNIT PRICE:
TOTAL COST:
(GLENEAGLE 0+50-5+50) AND ROAD B
(STA.15+60-40+00)
11,667.00
SY
$4.00
$46,668.00
5+50) AND ROAD B
(STA.15+60-40+00)
11,667.00
SY
$11.00
$128,337.00
2,667.00
SY
$10.00
$26,670.00
2,667.00
SY
$4.00
$10,668.00
400.00
LF
$9.00
$3,600.00
ULLINILAULE SIDEWALK + _ +
HALF OF GLENEAGLE)
560.00
SY
$27.00
$15,120.00
Replacement of previously installed dispersion
trenches @ McCormick Village Drive
6.00
EA
$2,850.00
$17,100.00
Installation oT I U (LA) Dispersal I rent es o s ,
8, 9, 10, 21, 24, 26, 59 (Dispersions @ 67 & 70 will
be included with Div. 11 phase 2 work.)
8.00
EA
$3,550.00
$28,400.00
lore en ion swa e McCormick i age Drive an
"Road B"
5,650.00
LF
$2.90
$16,385.00
Gravel shoulders on McCormick Village Drive an
"Road B"
11,640.00
LF
$3.10
$36,084.00
3+50 - 4+50 and "H" 4+50 - 8+00; Install 600 LF of
sidewalk on both sides of "F" 23+00 - 26+00; Install
300 LF both sides of "J" 2+50 - 4+00, Install 200 LF
both sides of "K" 7+00 - 8+00
861.11
SY
$27.00
$23,250.00
Sidewalk oc ou s x x
155.56
SY
$27.00
$4,200.00
ADA Ramps: + +
"J" 5+00; (6) @ "F" 26+50, 28+75
14.00
EA
$1,800.00
$25,200.00
Storm Improvements including ga ions, spillways,
basin
1.00
LS
$24,600.00
$24,600.00
MONUMENTS
33.00
EA
$425.00
$14,025.00
FENCE - NORTH EAST POND "A"
1,900.00
LF
$20.00
$38,000.00
FENCE - EAST BOND "B"
2,750.00
LF
$20.00
$55,000.00
STRIPING & SIGNAGE DIV. 11, PHASE 1
1.00
LS
$3,500.00
$3,500.00
STREET LIGHTS
45.00
EA
$3,800.00
$171,000.00
STREET LIGHT POLE BASES
45.00
EA
$120.00
$5,400.00
DRY UTILITY TRENCH EXCAVATE & BACKFILL
3,990.00
LF
$9.50
$37,905.00
Total Cost: $731,112.00
150% Bond Amount: 1,096,668 0-0
Page 142 of 221
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Page 143 of 221
Back to Agenda
CITY OF PORT ORCHARD
LANDSCAPE PERFORMANCE BOND
Name of Project
Project Location
McCormick West Divisions 11 and 12
Port Orchard
Project/Application # PW 21-027, PW 21-028
Performance Bond Amount $ 1,498,099
Bond # 0807269
Know all men by these presents: That whereas the City of Port Orchard, State of Washington has
issued a permit to McCormick Development Corp (Contractor) hereinafter designated
as the "Principal" a permit for the construction of the project designated
McCormick West Divisions 11 and 12 , Port Orchard, Washington all as hereto
attached and made a part hereof and whereas, said principal is required under the terms of said
contract to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and Harco National Insurance Company
(Surety), a corporation, organized and existing under and by virtue of the laws of the State of
Illinois , duly authorized to do business in the State of Washington, as surety,
are held and firmly bound unto the City of Port Orchard, Washington, in the sum of:
One Million Four Hundred Ninety -Eight Thousand and Ninety Nine Dollars
($_ 1,498,099 ) 150% Total Contract Amount
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by those presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and agreements in the said
contract, and shall faithfully perform all the provisions of such contract and shall also well and
truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modifications of said contract that may hereafter be made, at the time and
in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and
material men, and all persons who shall supply such person or persons, or subcontractors, with
provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify
and save harmless the City of Port Orchard, Washington, their officers and agents from any
claim for such payment; and shall further save harmless and indemnify said City of Port Orchard,
Washington, from any claims relating to defect or defects in any of the workmanship entering
into any part of the work or designated equipment covered by said contract. Once the work has
been completed and accepted by the City of Port Orchard this Performance Bond will be released
and replaced with a 2 year Maintenance Bond not to exceed the sum of:
One Million Two Hundred Forty -Eight Thousand and Four Hundred Sixteen Dollars ($ 1,248,416
)
125% Total Contract Amount. This hold harmless and indemnification agreement shall survive
the expiration of this bond.
City of Port Orchard Landscape Performance Bond Page 1 of 2
Page 144 of 221
Back to Agenda
And the said Surety, for value received, hereby further stipulates and agrees that no change,
extension of Lime, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond, and it does hereby waive notice of any change, extension of time,
alterations or additions to the terms of the contract or the work or to the specifications. The
Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the aforesaid Contract without notice to Surety, and any such modifications or changes
increasing the total amount to be paid the Principal shall automatically increase the obligation of
the Surety on this Performance Bond in a like amount, such increase, however, not to exceed
twenty-five percent (25%) of the original amount of this bond without the consent of the Surety.
IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two
(2) counterparts thereof to be signed and sealed by their duly authorized officers this 8th
day of February , 20 22
McCormick Dev lope ent Corp Harco National Insurance Company
Princi ftr) Sure
B
Si atur Si at e
Jim S. Kuich
Print N me Print Name
Attorney -in -fact
Title Title
805 Kirkland Ave., #200 PO Box 3018
Mailing Address Mailing Address
Kirkland, WA 98033 Bothell, WA 98041-3018
City, State, Zip Code City, State, Zip Code
(425)894-6382 (425)489-4500
Phone Number Phone Number
jim.kuich@hubintemational.com
Email Address Email Address
Accepted by the City of Port Orchard this day of , 20
By
Signature
Printed Name
Title
City of Port Orchard Landscape Performance Bond
Page 145 of 221
Page 2 of 2
POWER OF ATTORNEY Back to Agenda
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL,
THERESAA. LAMB, STEVE WAGNER, MICHAELA. MURPHY, JIM W. DOYLE, JULIE M. GLOVER, CHAD M. EPPLE
Bothell, WA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31s1 day of December, 2021
STATE OF NEW JERSEY STATE OF ILLINOIS
a4� County of Essex County of Cook
19,04
112 fE Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
A �� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
Q�/j '.- New Jersey the day and year first above written.
� \Q �FExP' OZO •. 'C +'
%.:500799 y `.
' JEAS�`� Shirelle A. Outley a Notary Public of New Jersey
Ills My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,
A01083
FaJAAA,if
Page 146 of 221 Irene Martins, Assistant Secretary
Back to Agenda
22210 NE 80th Street
Redmond, WA 98053
MAIN (425) 868-1615 FAX (425) 868-4827
CON. LIC. # BRANDNI975PP
1 Ct
BASF
PROPOSALI.
DESCRIPTION OF WORK ITEM:
QUANTITY:
UNIT:
UNIT PRICE:
TOTAL COST:
AUTUMN BLAZE MAPLE, 2" GAL
459.00
EA
$354.00
$162,486.00
VINE MAPLE, b-b-
206.00
EA
$186,00
$38,316.00
218.00
EA
$250.00
$54,500.00
DOUGLAS FIR
291.00
EA
$194.00
$56,454.00
877.30
EA
$22.50
$19,739.25
1,914.00
EA
$19.30
$36,940.20
BIO SWALE KARL FORESTER FEATHER REED GRASS, 2 GALLON
1,392.00
EA
$22.50
$31,320.00
BIO SWALE SLOUGH SEDGE, 1 GALLON
7,482.00
EA
$10.00
$74,820.00
BIO SWALE STAR OF GOLD DAY LILY, 1 GALLON
2,610.00
EA
$1.2.40
$32,364.00
BIOSWALE SALAL
13,533.00
EA
$10.80
$146,156.40
BIOSWALE SEED MIXTURE
7.00
ACRE
$3,484.00
$24,388.00
SPECIAL SUN MIXTURE
2.00
ACRE
$4,356.00
$8,712.00
DIV 11 IRRIGATION PROPOSAL
1.00
LS
$103,307.50
$103,307.50
DIV 12 IRRIGATION PROPOSAL
1.00
LS
$97,932.50
$97,932.50
BIOSWALE COMPOST AND PREP
1.00
LS
$111,297.30
$111,297.30
$0.00
$0.00
Total Cost: $998,733.15
Kind Regards,
Tutko Landscaping and Nursery
Jason Tutko
150, Bond Amount: 1,498,099.73
Page 147 of 221
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7J
Approval of Amendment No. 6 to
Contract No. 054-18 with RH2
Meeting Date:
Prepared by:
Engineering, Inc. for the Marina Pump Atty Routing No.:
Station Rebuild Project Atty Review Date
Back to Agenda
February 22, 2022
Mark Dorsey, P.E.
Public Works Director
366922-0014 — Sewer
February 18, 2022
Summary: On December 15, December 22, and December 29, 2017, the City's Public Works
Department published a Request for Qualifications for the 30%, 60% and 100% Ad Ready Design for the
Marina Pump Station Rebuild Project. After a successful and complete procurement process, the City
selected RH2 Engineering, Inc. as the most qualified consultant for the Project. On July 18, 2018, the
Port Orchard City Council approved Contract No. C054-18 with RH2 Engineering, Inc. for the Marina
Pump Station Rebuild Project — 30% Design. A summary of subsequent Amendments are as follows;
Amendment #1
Amendment #2
Amendment #2A
Amendment #3
Amendment #4
Amendment #5
Time Only Extension
Time Only Extension
Time Only Extension
30% to 80% Design
Additional Geotech
Time Only Extension
$726,789 Additional Fee
$14,004 Additional Fee
Further amendment of the Contract is now required to move the Project through to the next phase.
Therefore, Amendment No. 6 in the amount of an additional $679,025 will move the Project through
100% Ad Ready Design and Bid Support, for a Total Contract Amount of $1,669,918. Please note that
in an attempt to help manage the Total Project Cost (now estimated at approximately $15M), RH2
Engineering, Inc. has removed and/or reduced industry standard Fees & Markups and maintained their
2021 Rates for a total reduction of $96,975 (see Fee Adjustments attached.) Additionally, the overall
Project Design, Permitting and Bid Support Phase cost of $1,669,918 is 11% of the estimated Total
Project Cost of $15M, which is also well within industry standard.
Future Amendment #7 with RH2 Engineering, Inc. will provide for Construction Engineering
Support/Engineer of Record Services. The Construction Administration/Construction Management
Services provider have not yet been determined, but these associated costs are included within the
estimated $15M Total Project Cost.
Recommendation: Staff recommends authorizing the Mayor to execute Amendment #6 to Contract
No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (100% Ad Ready
Design & Bid Support) in an amount not to exceed an additional $679,020, thereby bringing the Total
Contract Amount to $1,669,918.
Page 148 of 221
Back to Agenda
Staff Report 7J
Page 2of2
Relationship to Comprehensive Plan: Chapter 7 — Utilities (Sewer).
Motion for Consideration: I move to authorize the Mayor to execute Amendment #6 to Contract No.
C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project in the amount of
$679,020, thereby bringing the Total Contract Amount to $1,669,918.
Fiscal Impact: The City of Port Orchard was awarded a $13M loan from the Department of Ecology's
2019 Water Quality Combined Financial Assistance Program. Additionally, the City will utilize the
recently awarded $2.8M ARPA Grant funding to complete the Project. A Budget Amendment may be
required.
Alternatives: Do not approve.
Attachments: Contract Amendment #6 w/ RH2 Proposal (dated 2/8/2022)
Fee Adjustment Table
Authorization for Amendment No. 6
Page 149 of 221
Back to Agenda
CITY OF PORT ORCHARD
Authorization for Amendment No. 6
Date: 2/10/2022 Consultant: RH2 Engineering
Marina Pump Station Rebuild
Project -Design & Permit
Project: Coordination 22722 291h Drive SE, Suite 210
Contract / Job #
C054-18
Bothell, WA 98021
THIS AMENDMENT AUTHORIZES THE FOLLOWING; Final 100% Design/Ad Ready plus Bid Support added
to the previously approved 80% Design.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$250,000.00
$250,000.00
24-Jul-18
Council
Amendment #1
$0.00
$0.00
22-Jul-19
Mayor
Amendment #2
$0.00
$0.00
10-Dec-19
Mayor
Amendment #2A
$0.00
$0.00
10-Apr-20
Mayor
Amendment #3
$726,789.00
$726,789.00
29-Jul-20
Council
Amendment #4
$14,004.00
$14,004.00
29-Dec-20
Mayor
Amendment #5
$0.00
$0.00
15-Jun 21
PW Director
Amendment #6
$679,025.00
679,025.00
22-Feb-22
Council
Total Contract $1,669,918.00 $0.00 $1,669,918.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Contractor Approval Signature
Printed Name & Title
Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of Attest:
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Mayor
City Clerk
Council Approval Date
Page 150 of 221
Back to Agenda
City of Port Orchard
Contract Amendment No. 6
Marina Pump Station Rebuild
Phase 3 — Final Design and Services During Bidding
RH2 Project No. PO 118.116
In accordance with our Professional Services Agreement for the Marina Pump Station Rebuild, dated
July 24, 2018, this is an authorization to revise the project Scope of Work as described below. The work
will be performed and invoiced using the terms and conditions listed in the original agreement, plus
previous amendments.
Modify the following items from the Scope of Work:
Reference the attached Exhibit A, Exhibit B, and Exhibit C.
The engineering fee authorization will increase by $679,025 for a total authorization amount of
$1,669,818.
Please sign this authorization in the space provided below and return to RH2 Engineering, Inc., by mail
at the address below, or by email to Contracts@RH2.com.
RH2 Engineering, Inc.
Signature
Print Name/Title
Date
RH2 Engineering, Inc. 22722 29t1i Drive SE, Suite 210, Bothell, WA
98021
City of Port Orchard
Signature
Print Name/Title
Date
City of Port Orchard, 216 Prospect Street Port Orchard, WA
98366
Page 151 of 221
02/08/22 10:46 AM J:\Data\PO\118-116\Contract\Amend No. 6\Amend_No. 6_AGMT_Phase 3_Marina PS Final Design.docx
Back to Agenda
EXHIBIT A
Scope of Work
Amendment No. 6
City of Port Orchard
Marina Pump Station Rebuild
Phase 3 — Final Design and Services During Bidding
February 2022
Background
The City of Port Orchard (City) has retained RH2 Engineering, Inc., (RH2) to design the retrofit of its
aging Marina Pump Station. The existing sewer pump station was built in 1983 and is located near
the intersection of State Route (SR) 166 and Orchard Avenue. The station is identified in the City's
2016 General Sewer Plan as needing additional capacity by build -out, at which time flows will be up
to 8,435 gallons per minute (gpm), to accommodate the City's future growth. Currently, the Marina
Pump Station pumps all the City's wastewater to West Sound Utility District's combined Wastewater
Treatment Facility.
The South Kitsap Community and Event Center (SKCEC) will be constructed between Orchard Avenue
and Port Street at the site of the existing Kitsap Bank Corporate Headquarters (KBHQ), and the new
KBHQ will be built between Orchard Avenue and Frederick Avenue, southeast of the existing pump
station. Design of the new pump station building requires coordination with the architects Rice
Fergus Miller (RFM), who are designing the SKCEC and GGLO for the new KBHQ. The Marina Pump
Station has been redesigned twice during the course of this project because of differing finished floor
and plaza levels set by the various developments near the pump station. In October of 2021,
consensus was reached on a plaza and floor elevation for the pump station, SKCEC, and KBHQ to
accommodate forecasted sea level rise. The site design and all grade transitions were redesigned,
and it was determined that the walls of the existing below -grade structure must be extended by
4 feet to bring the finished floor above the forecasted flood level. This building extension increases
the scope of the project and requires the design and installation of a temporary bracing network
when the existing roof is removed from the below -grade structure. The changing elevations for the
site have increased the cost and complexity of the building and site design.
Another addition to the scope is the physical modeling to evaluate hydrodynamics of the existing
wet well that will be reused. Structural engineers have stated that the existing fillets in the lower
corners of the existing wet well cannot be removed, as was originally envisioned. Preformed basins
that control intake hydraulics are not possible because they would require the removal of reinforced
concrete. Hydraulic Institute Standards require that pump stations moving water at the projected
rates in the Marina Pump Station must have a physical hydrodynamic model constructed to learn
where vortices may form. Locations of baffles and flow diverters can be iteratively tested on the
scaled model and then applied to the design of the upgraded wet well to prevent the formation of
vortices. Pump performance will be significantly degraded if the pumps vibrate because of
submerged and surface vortices. Pump impellers can become pitted and damaged by the vortices.
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Back to Agenda
City of Port Orchard Amendment No. 6
Marina Pump Station Rebuild Exhibit A
Phase 3 — Final Design and Services During Bidding Scope of Work
Vibration can prematurely age the pump bearings and shafts may limit the maximum flow output.
The risk of vortices is high at the Marina Pump Station because of the large flow rates the pump
station must discharge to meet projected peak hour flows. It is important that this modeling be
completed, and it is a major component of this amendment.
This Scope of Work includes the following tasks to carry the project through bidding.
• PHASE 3 —FINAL DESIGN AND SERVICES DURING BIDDING
o Task 1— Project Management Services
o Task 2 — Plan Updates to Accommodate Existing and Future Site Improvements
o Task 3 — Additional Data Acquisition
o Task 4 — Fluid Dynamics Physical Model Study
o Task 5 — 90-Percent Plans, Specifications, and Cost Estimate
o Task 6 — Bid -Ready Design Plans, Specifications, and Cost Estimate
o Task 7 — Services During Bidding and Award
o Task 8 — Supplemental Services
Task 1— Project Management Services
Objective: Organize, manage, and coordinate disciplines to complete the Scope of Work on schedule
and in close coordination with City staff.
Approach:
1.1 Prepare meeting agendas for meetings with City staff described in this Scope of Work and
maintain ongoing communication.
1.2 Prepare meeting minutes for meetings with City staff described in this Scope of Work.
1.3 Prepare monthly invoices, progress reports, and schedule updates.
1.4 Maintain R112's project records and files.
1.5 Prepare quarterly payment request and progress report (PRPR) submittals and submit to the
City for submission through Ecology's website.
Assumptions:
• All PRPR submissions are to be made by the City directly through Ecology's website.
To Be Provided by City:
• Timely review of quarterly progress reports prior to submission.
RH2 Deliverables:
• Meeting agendas for meetings listed in this Scope of Work in electronic PDF.
• Meeting minutes for meetings listed in this Scope of Work in electronic PDF.
2
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City of Port Orchard
Marina Pump Station Rebuild
Phase 3 — Final Design and Services During Bidding
Back to Agenda
Amendment No. 6
Exhibit A
Scope of Work
• Monthly invoices with attached schedule adjustments, accomplishments, and future work
outline in electronic PDF.
• Quarterly progress reports in electronic PDF.
Task 2 — Plan Updates to Accommodate Existing and Future Site Improvements
Objective: Incorporate existing and future site improvements into the design plans, specifications,
and estimate of probable construction cost for the sewer pump station improvements based on
decisions made during design of the project.
Approach:
2.1 Coordinate with the City and RFM to assess the planned future site improvements for the plaza
that will surround the Marina Pump Station. Update the proposed site and structural design
plans to accommodate the existing site and planned future site configurations.
2.2 Investigate and review available forecasted sea level rise data. Provide guidance to the City for
selecting a planning -level building finished floor elevation that accommodates for forecasted
sea level rise. Update the proposed site and structural design plans to incorporate the City's
selected building finished floor elevation.
2.3 Coordinate with AES Consultants, Inc., (AES) as a subconsultant to RH2 to determine the vertical
shift needed to convert from the vertical datum used in the design plans for the Marina Pump
Station to match the vertical datum used for the SKCEC design plans (vertical datum NAVD 88).
Coordinate with AES to update the elevations in the existing site plan based on this vertical
datum conversion.
2.4 Update the elevations in the proposed site, structural, and mechanical design plans based on
the vertical datum conversion identified in subtask 2.3.
2.5 Prepare structural bracing plans for roof removal and replacement due to sea level rise.
2.6 Prepare wall extension and proposed roof plan due to sea level rise.
Assumptions:
• RH2 will rely on the accuracy and completeness of previously prepared sea level rise forecasts.
Previously Provided by City:
• Advisement on Impacts of Sea Level Rise on City of Port Orchard Shoreline, prepared by
Herrera Environmental Consultants, Inc., and Cascadia Consulting Group.
• Selection of pump station building finished floor elevation that accommodates for forecasted
sea level rise to be incorporated into the design plans.
3
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Back to Agenda
City of Port Orchard Amendment No. 6
Marina Pump Station Rebuild Exhibit A
Phase 3 — Final Design and Services During Bidding Scope of Work
RH2 Deliverables:
• One (1) electronic PDF of design plans that accommodates for the existing site and planned
future site configurations, integrates the selected building finished floor elevation, and
incorporates the vertical datum shift.
Task 3 — Additional Data Acquisition
Objective: Acquire additional existing utility information. Coordinate with a subconsultant for utility
potholing.
Approach:
3.1 Prepare easements or right -of -entry agreements for potholing.
3.2 Prepare a traffic control plan for potholing.
3.3 Coordinate with AES as a subconsultant to RH2 and City staff for a maximum of two (2) utility
potholes.
3.4 Incorporate potholing data into proposed site plan and valve vault plans.
Assumptions:
• AES is responsible for site safety and directing the operator's work.
To Be Provided by City:
• Coordination and assistance with utility potholing in right-of-way.
• City will provide asphalt restoration for potholes.
RH2 Deliverables:
• AES will provide potholing data in AutoCAD file format to RH2 via email.
• One (1) electronic copy of the AutoCAD potholing files (AutoCAD and PDF formats).
Task 4 — Fluid Dynamics Physical Model Study
Objective: Obtain scaled physical model study to evaluate fluid dynamics and if modifications are
needed to address potential pump performance issues.
Approach:
4.1 Coordinate with Northwest Hydraulic Consultants, Inc., (NHC) as a subconsultant to RH2 to
conduct scaled physical modeling of the pump intakes and suction piping to evaluate potential
pump performance issues.
4.2 Prepare a technical memorandum summarizing the results of the scaled physical modeling
evaluations. Recommended modifications outlined in this technical memorandum will be
considered for incorporation into the 90-percent design plans prepared in Task 5.
C!
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Back to Agenda
City of Port Orchard Amendment No. 6
Marina Pump Station Rebuild Exhibit A
Phase 3 — Final Design and Services During Bidding Scope of Work
Assumptions:
• The Marina Pump Station as-builts accurately depict the existing wet well configuration.
Previously Provided by City:
• As-builts of the City's Marina Pump Station.
RH2 Deliverables:
• One (1) electronic PDF of the technical memorandum summarizing the scaled physical
modeling evaluations.
Task 5 — 90-Percent Plans, Specifications, and Cost Estimate
Objective: Develop 90-percent design plans, specifications, and estimate of probable construction
cost for the sewer pump station improvements based on the decisions made during previous design
phases.
Approach:
5.1 Prepare 90-percent cover and general notes sheets.
5.2 Prepare 90-percent site plans, traffic control plans, and details.
5.3 Coordinate with RFM as a subconsultant to RH2 to prepare 90-percent architectural design
plans and details for the pump station building that are consistent with the ambience of the
SKCEC and new KBHQ.
5.4 Coordinate with Anchor QEA, LLC as a subconsultant to RH2 to prepare 90-percent
landscaping design plans and details that are consistent with the ambience of the SKCEC and
new KBHQ.
5.5 Prepare 90-percent structural plans and calculations.
a) Develop plans for shoring of the emergency storage structure and valve vault
construction.
b) Develop plans for temporary reinforcement during construction of the dry well and wet
well walls to accommodate the selected finished floor elevation.
c) Develop plans for extending the dry well and wet well walls and ceiling to accommodate
the selected finished floor elevation.
5.6 Prepare 90-percent mechanical plans.
a) Evaluate the recommended pump intake modifications outlined in the physical model
technical memorandum (subtask 4.2) for incorporation into the design plans.
5.7 Prepare 90-percent electrical and telemetry plans.
5
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City of Port Orchard
Marina Pump Station Rebuild
Phase 3 — Final Design and Services During Bidding
Back to Agenda
Amendment No. 6
Exhibit A
Scope of Work
5.8 Prepare 90-percent technical specifications. Technical specifications will be in RH2's modified
Construction Specifications Institute (CSI) format. Prepare 90-percent front-end and
construction contract documents.
5.9 Prepare 90-percent estimate of probable construction cost. Submit plans, specifications, and
estimate to City for review.
5.10 Attend one (1) meeting with City staff to review 90-percent plans, specifications, and
probable construction cost estimate.
5.11 Perform in-house quality assurance and quality control (QA/QC) review and incorporate
comments from the 90-percent review meetings into the design plans and specifications.
5.12 Attend one (1) site visit to confirm site conditions for proposed improvements.
To Be Provided by City:
• Timely review and comments on 90-percent design plans, specifications, and probable
construction cost estimate.
• Meeting attendance at 90-percent design completion.
RH2 Deliverables:
• One (1) electronic PDF and three (3) half-size sets of 90-percent design plans.
• One (1) electronic PDF and one (1) hard copy of technical and legal specifications at
90-percent review.
• 90-percent estimate of probable construction cost in electronic PDF to be emailed to the City.
Task 6 — Bid -Ready Design Plans, Specifications, and Cost Estimate
Objective: Develop bid -ready design plans, specifications, and estimate of probable construction
cost for the sewer pump station improvements based on the decisions made during previous design
phases.
Approach:
6.1 Prepare bid -ready cover and general notes sheets.
6.2 Prepare bid -ready site plans, traffic control plans, and details.
6.3 Prepare bid -ready architectural plans and details.
6.4 Prepare bid -ready landscaping plans and details.
6.5 Prepare bid -ready structural plans and calculations.
6.6 Prepare bid -ready mechanical plans.
6.7 Prepare bid -ready electrical and telemetry plans.
6
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City of Port Orchard Amendment No. 6
Marina Pump Station Rebuild Exhibit A
Phase 3 — Final Design and Services During Bidding Scope of Work
6.8 Prepare bid -ready technical specifications. Prepare bid -ready front-end and construction
contract documents.
6.9 Prepare final estimate of probable construction cost.
6.10 Perform in-house QA/QC review and incorporate comments from the bid -ready review into
the design plans and specifications. Submit bid -ready plans, specifications, and probable
construction cost estimate to City for bidding.
To Be Provided by City:
• Review and comments on bid -ready design plans, construction cost estimate, and
specifications.
RH2 Deliverables:
• One (1) electronic PDF and three (3) half-size sets of bid -ready design plans.
• One (1) electronic PDF and one (1) hard copy of bid -ready technical and legal specifications.
• Final estimate of probable construction cost in electronic PDF to be emailed to the City.
Task 7 — Services During Bidding and Award
Objective: Provide engineering services during the bidding phase of the project.
Approach:
7.1 Prepare a bid advertisement and coordinate the timing and placement with the City. The City
will submit the advertisement to the appropriate publications.
7.2 Produce electronic and hard copy sets of the plans and specifications for City and RH2 use
during bidding. The City will produce additional bid document sets as needed for bidding the
project.
7.3 Respond to questions from bidders, and revise construction plans, technical specifications, or
construction contract conditions during the bidding process, if requested. Prepare up to two (2)
addenda, if needed.
7.4 Assist the City with the evaluation of the qualifications and references for the apparent low
bidder. Prepare a recommendation of bid award letter. It is assumed that the City will handle
bid award and construction contract execution.
To Be Provided by City:
• Management of and payment for the Builders Exchange of Washington online bidding
process.
• Distribution of bid documents and maintenance of the plan holder's list, if applicable.
• Issuance of addenda, if any, to all construction contract document holders.
• Bid opening attendance and tabulation of bids received.
7
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Back to Agenda
City of Port Orchard Amendment No. 6
Marina Pump Station Rebuild Exhibit A
Phase 3 — Final Design and Services During Bidding Scope of Work
• Bid award and construction contract execution.
RH2 Deliverables:
• Bid plan and specifications sets: one (1) electronic set (PDF) and four (4) half-size sets; one
(1) set for City use and bidding purposes; and three (3) sets for RH2's file and staff use during
bidding.
• Phone assistance to vendors and bidders during the bidding phase.
• Two (2) addenda in electronic PDF, if needed.
• Reference check of lowest bidder.
• Recommendation of bid award letter in electronic PDF.
8
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Page 159 of 221
Back to Agenda
EXHIBIT B
Fee Estimate
Amendment No. 6
City of Port Orchard
Marina Pump Station Rebuild
Phase 3 - Final Design and Services During Bidding
Feb-22
Description Total Total Labor Total Subconsultant Total Expense Total Cost
Hours
Task 1 Project Management Services
60
$ 11,490
$ 11,063
$ 50
$ 22,602
1.1
Prepare meeting agendas and maintain communication
6
$ 1,254
$
$ 50
$ 1,304
1.2
Prepare meeting minutes
6
$ 1,254
$
$ -
$ 1,254
1.3
Prepare monthly invoices and schedule updates
18
$ 2,970
$
$
$ 2,970
1.4
Maintain project records and files
6
$ 1,254
$ 11,063
$
$ 12,317
1.5
Prepare quarterly reports for Ecology
24
$ 4,758
$ -
$
$ 4,758
Task 2 Plan Updates to Accommodate Existing and Future Site Improvements
162
$ 31,716
$ 2,100
$
$ 33,816
2.1
Coordinate with City and RFM and update site and structural design
4
$ 664
$ 2,100
$
$ 2,764
2.2
Investigate available forecasted sea level rise data
36
$ 7,596
$
$
$ 7,596
2.3
Coordinate with AES to determine vertical shift needed
10
$ 1,840
$
$
$ 1,840
2.4
Update elevations in proposed site, structural, and mechanical plans
16
$ 2,656
$
$
$ 2,656
2.5
Prepare structural bracing plans for roof removal due to sea level rise
60
$ 11,976
$
$
$ 11,976
2.6
Prepare wall extension and proposed roof plan due to sea level rise
36
$ 6,984
$
$
$ 6,984
Task 3 Additional Data Acquisition
35
$ 6,461
$ 10,500
$
$ 16,961
3.1
Prepare easements or right -of -entry agreements for potholing
11
$ 2,000
$ -
$
$ 2,000
3.2
Prepare traffic control plan
7
$ 1,336
$ -
$
$ 1,336
3.3
Coordinate with AES to perform utility potholing
7
$ 1,336
$ 10,500
$
$ 11,836
3.4
Incorporate potholing data into site and valve vault plans
10
$ 1,789
$ -
$
$ 1,789
Task 4 Fluid Dynamics Physical Model Study
8
$ 1,844
$ 101,745
$
$ 103,589
4.1
Coordinate with NHC to perform scaled physical modeling
8
$ 1,844
$ 87,990
$
$ 89,834
4.2
Prepare technical memorandum summarizing physical modeling
-
$ -
$ 13,755
$
$ 13,755
Task 5 90-Percent Plans, Specifications, and Cost Estimate
959
$ 182,886
$ 102,558
$ 1,465
$ 286,908
5.1
Prepare 90-percent cover and general notes sheets
12
$ 2,250
$ -
$ -
$ 2,250
5.2
Prepare 90-percent site plans, traffic control plans, and details
30
$ 6,140
$ 8,400
$
$ 14,540
5.3
Coordinate with RFM to prepare architectural plans
34
$ 6,484
$ 8,400
$
$ 14,884
5.4
Coordinate with QEA to prepare landscaping design
24
$ 3,984
$ 59,508
$
$ 63,492
5.5
Prepare 90-percent structural plans and calculations
249
$ 47,922
$ 6,300
$
$ 54,222
5.6
Prepare 90-percent mechanical plans
178
$ 33,110
$ -
$
$ 33,110
5.7
Prepare 90-percent electrical and telemetry plans
114
$ 19,772
$ -
$
$ 19,772
5.8
Prepare 90-percent front-end and technical specifications
106
$ 21,270
$ 7,350
$
$ 28,620
5.9
Prepare 90-percent estimate of probable construction cost
92
$ 18,918
$ 7,350
$
$ 26,268
5.10
Attend 90-percent review meeting with City staff
12
$ 2,508
$ 2,100
$
$ 4,608
5.11
Perform in-house CA/QC review and incorporate comments
84
$ 15,512
$ 3,150
$ 1,368
$ 20,030
5.12
Attend site visit to confirm site conditions for proposed improvements
24
$ 5,016
$ -
$ 97
$ 5,113
Task 6 Bid -Ready Design Plans, Specifications, and Cost Estimate
531
$ 102,653
$ 90,997
$ 2,568
$ 196,218
6.1
Prepare bid -ready cover and general notes sheets
6
$ 1,125
$ -
$ -
$ 1,125
6.2
Prepare bid -ready site plans, traffic control plans, and details
33
$ 6,632
$ 8,400
$
$ 15,032
6.3
Prepare bid -ready architectural plans and details
9
$ 1,578
$ 6,300
$
$ 7,878
6.4
Prepare bid -ready landscaping plans and details
9
$ 1,578
$ 55,297
$
$ 56,875
6.5
Prepare bid -ready structural plans and calculations
101
$ 21,890
$ 6,300
$
$ 28,190
6.6
Prepare bid -ready mechanical plans
ill
$ 21,460
$ -
$
$ 21,460
6.7
Prepare bid -ready electrical and telemetry plans
71
$ 12,690
$ -
$
$ 12,690
6.8
Prepare bid -ready front-end and technical specifications
68
$ 13,092
$ 6,300
$
$ 19,392
6.9
Prepare final estimate of probable construction cost
36
$ 6,744
$ 6,300
$
$ 13,044
6.10
Perform in-house QA/QC review and incorporate comments
87
$ 15,864
$ 2,100
$ 2,568
$ 20,532
Task 7 Services During Bidding and Award
90
$ 16,898
$
$ 2,033
$ 18,931
7.1
Prepare bid advertisement
8
$ 1,494
$
$ 625
$ 2,119
7.2
Produce electronic and hard copy bid documents
32
$ 5,736
$
$ 1,385
$ 7,121
7.3
Respond to questions from bidders and prepare addenda
42
$ 8,128
$
$ -
$ 8,128
7.4
Assist the City and prepare recommendation of award letter
8
$ 1,540
$
$ 23
$ 1,563
PROJECT TOTAL 1 1845 1 $ 353,948 1 $ 318,963 1 $ 6,115 1 $ 679,025
Page 160 of 221
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EXHIBIT C
RH2 ENGINEERING, INC.
2021 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
$151
$/hr
Professional 11
$166
$/hr
Professional 111
$182
$/hr
Professional IV
$196
$/hr
Professional V
$211
$/hr
Professional VI
$224
$/hr
Professional V11
$240
$/hr
Professional V111
$250
$/hr
Professional IX
$250
$/hr
Control Specialist 1
$137
$/hr
Control Specialist 11
$149
$/hr
Control Specialist 111
$164
$/hr
Control Specialist IV
$178
$/hr
Control Specialist V
$189
$/hr
Control Specialist VI
$203
$/hr
Control Specialist V11
$218
$/hr
Control Specialist VI11
$227
$/hr
Technician 1
$115
$/hr
Technician 11
$125
$/hr
Technician 111
$142
$/hr
Technician IV
$153
$/hr
Technician V
$167
$/hr
Technician VI
$183
$/hr
Technician V11
$198
$/hr
Technician V111
$209
$/hr
Administrative 1
$75
$/hr
Administrative 11
$88
$/hr
Administrative 111
$106
$/hr
Administrative IV
$125
$/hr
Administrative V
$143
$/hr
CAD Plots - Half Size
$2.50
price per plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" X 11"
$0.90
price per copy
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color) 11" X 17"
$2.00
price per copy
Mileage
$0.585
price per mile
(or Current IRS Rate)
Subconsultants
5%
Cost +
Outside Services
at cost
Rates IisFeM1e Pd�jAa?Jnnually.
Back to Agenda
City of Port Orchard
Marina Pump Station Improvements
Proposed Engineering Fee Adjustments
Updated:2/7/2022
PROPOSED FEE
REDUCTION
Sub Markup Reduced from 15% to 5%
$ 30,377
2.5%Technology Fee Removed
$ 9,608
AutoCAD Fee Removed
$ 24,503
2021 Rates
$ 16,487
Fee Review
$ 16,000
TOTAL FEE REDUCTION
$ 96,975
Original Estimate $776,000
Total RH2 Fee Reduction* $ (96,975)
Updated* Fee Breakdown $679,025
Original Fee Breakdown
Total
$ 759,655
RH2 Fees
$ 410,315
Sub Fees
$ 349,340
Updated Fee Breakdown
(Including Fee Review Reduction)
Delta Percent Reduction
Total
$ 679,025
RH2 Fees
$ 313,340
$ (96,975)
-24%
Sub Fees
$ 349,340
$
0%
\\corp.rh2.com\dfs\Projects\Data\PO\1i@-geid%A41\Amend No. 6\Misc Supporting Docs\PO-cost-adjustment.xlsx
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7K
Agenda Staff Report
Subject: Approval of a Memorandum of
Understanding with the Police Guild
Representing Patrol Officers Regarding
a Recruitment Incentive Program for
Lateral Peace Officers
Back to Agenda
Meeting Date:
February 22, 2022
Prepared by:
Matt Brown
Chief of Police
Atty Routing No.:
366922.0012 - PD
Atty Review Date:
February 1, 2022
Summary: The Port Orchard Police Department has experienced a shortage of qualified peace
officer candidates and desires to have more options available in its efforts to recruit and hire
lateral peace officers. The Department does not currently offer any hiring incentives for eligible
candidates. This leaves the Department as an outlier in Kitsap County as other agencies offer
monetary incentives, and is directly affecting the ability to recruit. Lateral officers can be hired
and operating independently in roughly four months, which is less than half the time required for
a newly hired officer. To remain competitive, the Department desires to establish a hiring
incentive program consistent with its peers and the current job market.
A Memorandum of Understanding (MOU) has been prepared between the City and the Police
Guild representing Patrol Officers to address a monetary incentive and initial leave balances for
Lateral Police Officer candidates possessing a valid Washington State Peace Officer Certification.
Recommendation: Staff recommends the Council authorize the Mayor to sign an MOU with the
Police Guild representing Patrol Officers approving a hiring incentive program for qualified lateral
peace officer candidates in substantially the form of the MOU sent to you under privilege from
the City Attorney.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the mayor to sign a Memorandum of
Understanding with the Police Guild representing Patrol Officers pertaining a hiring incentive
program for qualified lateral peace officer candidates.
Fiscal Impact: This program is not budgeted, a future Budget Amendment may be required.
Alternatives: Not authorize the Resolution and provide further guidance.
Attachments: The MOU under consideration tonight is not a public document until approved by
Council and signed by the parties; it is, therefore, not attached.
Page 163 of 221
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;W 4
a
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7L
Subject: Approval of an Agreement with Kitsap
Homes of Compassion for Affordable
Housing Funding
Meeting Date: February 22, 2022
Prepared by: Charlotte Archer
Atty Routing No.
Atty Review Date
City Attorney
366922-0007 - Finance
February 8, 2022
Summary: Consistent with Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"), the City
Council authorized the City to utilize a portion of the State's existing sales tax for affordable or supportive
housing efforts. In 2020, the City evaluated proposals to utilize these funds in an effective and efficient
manner, and the selected partner, Kitsap Community Resources -Housing Solutions Center, was unable to
utilize all the allocated funds within the extended contract term. That agreement, as amended, expired
December 31, 2021.
Since that time, the City has worked to identify other partners to utilize these funds to the benefit of the Port
Orchard community.
Staff identified Kitsap Homes of Compassion as a qualified non-profit organization with an established
program to provide affordable and supportive housing to low-income (less than 60% of the median income
level) residents of Port Orchard. Kitsap Homes of Compassion seeks funding as follows: $1,000 per month to
support the operations and maintenance costs of new units of supportive housing in three (3) new facilities
within the City; and $600 per month as rental assistance for one eligible tenant in a supportive housing
facility located within the City. Staff negotiated an agreement with Kitsap Homes of Compassion for the City's
participation in the program to provide affordable, supportive housing units.
Recommendation: Staff recommends Council authorize the Mayor to execute an agreement with Kitsap
Homes of Compassion for the use of SHB 1406 funding for affordable housing.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to authorize the Mayor to execute an agreement with Kitsap Homes of
Compassion for the use of SHB 1406 funding in the amount of $43,200 for affordable housing."
Fiscal Impact: Revenue from the Affordable and Supporting Housing Sales Tax will be used to fund the grant.
Alternatives: Do not authorize an extension and provide alternative guidance.
Attachments: Agreement with Kitsap Homes of Compassion
Page 164 of 221
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AFFORDABLE HOUSING SERVICES AGREEMENT
This Affordable Housing Services Agreement ("Agreement") is entered into by and between
Kitsap Homes of Compassion, a Washington non-profit corporation, and the City of Port Orchard,
a Washington State municipal corporation (hereinafter the "City" and collectively the "Parties").
I. RECITALS
A. Kitsap Homes of Compassion is a Washington non-profit corporation with its headquarters at
7721 Beacon Place NE #101, in the City of Bremerton, and is organized and existing under
the laws of the State of Washington; and
B. The City of Port Orchard is a Washington municipal corporation organized and existing under
the Washington State Constitution and the laws of the State of Washington, and particularly
those set forth at RCW Title 35A; and
C. In the 2019 legislative session, the Washington state legislature passed SHB 1406 (codified at
RCW 82.14.540), which created a sales tax revenue sharing program that allows the City to
access a portion of state sales tax revenue (hereinafter, the "Funds") to make local investments
in affordable housing over a 20-year term; and
D. The City is committed to utilizing this funding source to assist the citizens of Port Orchard by
investing in programs that commit to providing housing assistance for those below the 60%
median income level; and
E. Kitsap Homes of Compassion operates a program to provide safe, affordable, supportive
housing for those who are unhoused or struggling with housing insecurity in Kitsap County
(the "Program"); and
F. Kitsap Homes for Compassion seeks a partnership with the City for funding for affordable,
supportive housing for this population as follows: $1,000 per month to support the operations
and maintenance costs of new units of supportive housing in three (3) new facilities within the
City; and $600 per month as rental assistance for one eligible tenant in a supportive housing
facility located within the City; and
G. The City desires to engage Kitsap Homes of Compassion to perform the public services
described herein and undertake the use of the City's Funds for the affordable housing purposes;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises,
terms and conditions set forth below, it is hereby agreed as follows:
IL AGREEMENT
AFFORDABLE HOUSING SERVICES AGREEMENT Page 1 of 10
Page 165 of 221
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1. Affordable Housing Services. The City desires to engage with Kitsap Homes of Compassion
by utilizing Funds allocated to the City pursuant to SHB 1406 to assist low-income individuals
and households in the South Kitsap area with affordable transitional and permanent housing.
Consistent with this goal, the parties agree to the following performance obligations:
A. City's Duties. The City shall provide to Kitsap Homes of Compassion the Funds
in an amount up to $43,200 for the term of this Agreement ($36,000 for operations
and maintenance of three (3) supportive housing facilities in Port Orchard, and
$7,200 for rental assistance for one unit of supportive housing in Port Orchard),
contingent on the terms and conditions herein. The City shall have no additional
payment obligations to Kitsap Homes of Compassion beyond this allocation, and
all funding is conditioned on Council appropriation.
i. Upon receipt of an complete invoice in a form acceptable to the City, the
City shall issue payment within thirty (30) days of receipt.
B. Kitsap Homes of Compassion Duties. Kitsap Homes of Compassion shall utilize
the Funds for the Program, as set out on Exhibit A hereto. In utilizing the Funds
and administering the Program, Kitsap Homes of Compassion shall comply with
all applicable state and local laws and shall exclusively utilize the Funds to provide
for affordable or supportive housing to benefit to those South Kitsap residents with
an 0-60% of the Area Median Income (AMI). Complete parameters for the
Program are attached hereto as Exhibit A.
i. Invoices shall be submitted monthly to the City, evidencing and
documenting that the requested payment was used for the public services
described herein and authorized by the City Council. Such documentation
shall evidence that the beneficiaries of the funding are Port Orchard
residents with a 0-60% of the Area Median Income (AMI), and that the
funding is used for operations and maintenance costs of new units of
affordable or supportive housing, or to provide rental assistance to tenants.
ii. Kitsap Homes of Compassion shall keep cost records and accounts
pertaining to this Agreement available for inspection by City
representatives for three (3) years after final payment.
2. Duration. This Agreement will commence upon mutual execution of this Agreement and will
expire one year from mutual execution, unless earlier terminated in accordance with the terms
of this Agreement.
3. Termination. The City may terminate this Agreement with or without cause upon thirty (30)
days' advance written notice to Kitsap Homes of Compassion. In the event of termination,
the City have no obligation to provide any Funds to Kitsap Homes of Compassion. Upon
termination or expiration of the Agreement, all unused Funds shall be returned to the City.
AFFORDABLE HOUSING SERVICES AGREEMENT Page 2 of 10
Page 166 of 221
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4. Insurance.
A. Kitsap Homes of Compassion shall procure and maintain for the duration of the
Agreement, 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 Kitsap Homes of Compassion, its agents, representatives, or employees.
B. No Limitation. Kitsap Homes of Compassion's maintenance of insurance as
required by the agreement shall not be construed to limit the liability of Kitsap
Homes of Compassion to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. Kitsap Homes of Compassion shall obtain insurance
of the types described below:
Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01, or a substitute form providing equivalent liability coverage
and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be
named by endorsement as an additional insured under the Kitsap Homes of
Compassion's Commercial General Liability insurance policy with respect
to the work performed for the City.
2. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
D. Minimum Amounts of Insurance. Kitsap Homes of Compassion shall maintain the
following insurance limits:
Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
2. Employer's Liability each accident $1,000,000, Employer's Liability
Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
E. Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability and Commercial
General Liability insurance:
Kitsap Homes of Compassion'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 Kitsap Homes of
Compassion's insurance and shall not contribute with it.
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2. The City will not waive its right to subrogation against Kitsap Homes of
Compassion. Kitsap Homes of Compassion's insurance shall be endorsed
acknowledging that the City will not waive their right to subrogation.
Kitsap Homes of Compassion's insurance shall be endorse to waive the
right of subrogation against the City, or any self-insurance, or insurance
pool coverage maintained by the City.
3. Kitsap Homes of Compassion's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been
given to the City. If the General Liability coverage is written on a "claims
made" basis, then a minimum of a three (3) year extended reporting period
shall be included with the claims made policy, and proof of this extended
reporting period provided to the City.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
G. Verification of Coverage. Kitsap Homes of Compassion 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 insurance
requirements of Kitsap Homes of Compassion before commencement of the work.
5. Indemnification
A. Kitsap Homes of Compassion does hereby agree to save harmless and defend the
City from all claims and liability due to the acts, errors or omissions of Kitsap
Homes of Compassion, its agents and/or employees, except for claims caused by
the sole negligence of the City. Such indemnity will include, but not be limited to,
all out-of-pocket expenses incurred by the City, including attorney's fees, in the
event Kitsap Homes of Compassion fails or refuses to accept the tender of any
claims brought against the City, the basis for which are acts, errors or omissions of
Kitsap Homes of Compassion, its agents and/or employees.
B. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each Kitsap Homes of Compassion's immunity under Washington's
Industrial Insurance Act, RCW Title 51, as respects the City only, and only to the
extent necessary to provide the indemnified party with a full and complete
indemnity of claims made by the indemnitor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon
by them.
6. Entire Agreement / Amendments. This Agreement, together with any attachments or addenda,
represents the entire and integrated Agreement between the Parties hereto, and supersedes all
prior negotiations, representations, or agreements, either written or oral. It is mutually agreed
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and understood that no amendment of any of the terms of this Agreement will be valid unless
made by written instrument properly signed by both Parties.
7. Notices. Except as otherwise identified in this Agreement, any notices required to be given
by the City to Kitsap Homes of Compassion, or by Kitsap Homes of Compassion to the City,
will be in writing and delivered to the Parties at the following addresses:
Kitsap Homes of Compassion City of Port Orchard
Scott Willard, Executive Director Robert Putaansuu, Mayor
7721 Beacon Place NE #101, 216 Prospect Street
Bremerton, WA, 98311 Port Orchard, WA 98366
8. Compliance with Laws. Kitsap Homes of Compassion will comply with all federal, state and
local laws, rules, regulations and ordinances applicable to the performance of this Agreement,
including without limitation all those pertaining to the COVID-19 pandemic, wages and hours,
confidentiality, disabilities and discrimination, including but not limited to the Americans with
Disabilities Act and all regulations interpreting or enforcing such Act.
9. Maintenance and Audit of Records. Kitsap Homes of Compassion will maintain books,
records, documents and other materials relevant to its performance under this Agreement,
which sufficiently and accurately reflect any and all direct and indirect costs and expenses
incurred or paid in the course of performing this Agreement. These records will be subject to
inspection, review and audit by the City, the Washington State Auditor's Office, and
authorized federal agencies. Both Parties will retain all such books, records, documents and
other materials as required by the Washington State Records Retention policy as established
by the Secretary of State. In the event the City receives a public records request for records
pertaining to this Agreement and/or the Program, Kitsap Homes of Compassion agrees to assist
the City, at Kitsap Homes of Compassion's sole cost, to meet the City's obligations under the
Public Records Act, Ch. 42.56 RCW, at KCR's sole cost.
10. Reporting. Kitsap Homes of Compassion will submit to the City a detailed accounting of the
use of the Funds by Kitsap Homes of Compassion with each monthly invoice submitted to the
City for payment. Kitsap Homes of Compassion will assist the City by providing any
information needed for the City to compile and submit the reports required to by the State of
Washington under RCW 82.14.540(11).
11. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and
signed by the waiving Party. Any express or implied waiver of a term or condition of this
Agreement will apply only to the specific act, occurrence or omission and will not constitute
a waiver as to any other term or condition or future act, occurrence or omission.
12. Default / Dispute Resolution. If either Kitsap Homes of Compassion or the City fails to
perform any act or obligation required to be performed by it hereunder, the other party will
deliver written notice of such failure to the non -performing party. The non -performing party
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will have thirty (30) days after its receipt of such notice in which to correct its failure to
perform the act or obligation at issue, after which time it will be in default ("Default") under
this Agreement; provided, however, that if the non-performance is of a type that could not
reasonably be cured within said thirty (30) day period, then the non -performing party will not
be in Default if it commences cure within said thirty (30) day period and thereafter diligently
pursues cure to completion.
In the event a default continues and/or any dispute arises (for anything other than non-
payment) between the Parties, either party may request in writing that the issue be resolved by
mediation. If the parties are unable to resolve the dispute within ninety (90) days, then either
party will have the right to exercise any or all rights and remedies available to it in law or
equity. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and
reasonable attorneys' fees from the other party.
13. Venue and Choice of Law. Any action at law, suit in equity, or other judicial proceedings for
the enforcement of this Agreement or any provision thereof will be instituted only in the courts
of the State of Washington, Kitsap County. It is mutually understood and agreed that this
Agreement shall be governed exclusively by the laws of the State of Washington, both as to
interpretation and performance.
14. Assignment and Subcontracting. Kitsap Homes of Compassion may not assign, transfer,
delegate, subcontract or encumber any rights, duties, or interests accruing from this Agreement
without the express prior written consent of the City, which consent may be withheld at the
sole discretion of the City.
15. Severability. If any term or provision of this Agreement should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
will not affect the validity or constitutionality of any other term or provision of this Agreement,
and this Agreement will be construed in all respects as if such invalid or otherwise
unenforceable term or provision was omitted.
16. Independent Contractor. Kitsap Homes of Compassion is and will be at all times during the
term of this Agreement an independent contractor. Nothing in this Agreement will create an
employee/employer relationship between the Parties.
17. Independent Parties. The Parties to this Agreement, in the performance of it, will be acting in
their individual capacities and not as agents, employees, partners, joint ventures, or associates
of one another. The employees or agents of one party will not be considered or construed to
be the employees or agents of the other party for any purpose whatsoever.
18. Counterparts. This Agreement may be executed by the Parties using duplicate counterparts.
FOR KITSAP HOMES OF COMPASSION
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Adopted this day of 120
Scott Willard, Executive Director
FOR THE CITY OF PORT ORCHARD
Adopted this day of , 20
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
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EXHIBIT A — SCOPE OF WORK AND FUNDS ALLOCATION
Kitsap Homes of Compassion Program Plan
2022
Summary
The MISSION of Kitsap Homes of Compassion is to provide safe, affordable, permanent housing
through comprehensive support services for those who are homeless or are struggling with
housing insecurity.
Kitsap Homes of Compassion desires to be the treatment agency of choice for homeless residents
moving towards housing stability throughout Kitsap County.
This contract is for funding our social work/case management services we provide to our
supportive housing shared homes, which is on average, $1,000 per month per home (which
houses, on average, 4 individuals). So, for one year, that would be $12,000 per home. This
Program would enable Kitsap Homes of Compassion to start 3 new supportive housing homes in
2022 within the city limits of Port Orchard, for a total contribution from March 1, 2022 to March
1, 2023 of $36,000.
We also propose Port Orchard paying the program fee for one room in one of the Kitsap Homes
of Compassion facilities located in the City of Port Orchard (at a cost of $600/mo) for a homeless
person who is in the process of applying for SSI but hasn't been awarded SSI yet and who has not
been able to get Housing and Essential Needs (HEN) funding (HEN has a program to pay the
program fee for homeless who are applying to SSI, but funding is limited). We would let Melissa
Stern determine who would be best for that room, in consultation with our KHOC clinical
supervisor. Support for this program is a total contribution of $7,200/year.
We determine the program fee cost we charge the residents based on the cost of KHOC to rent the
house plus $100/mo for all the house utilities, including internet service and phone land line,
which KHOC provides, as well as room size (i.e. master bedrooms with a private BA are higher
than shared bathroom rooms). That cost is typically in the range of $600/mo to 750/mo.
We offer "low barrier" homes, where residents can drink alcohol in the house, and if their blood
alcohol level is above driving limits, they agree to stay in their bedroom and not in the common
areas. That is about 30% of our homes. Then the other 70% of our homes are "sober homes" where
zero alcohol is permitted and zero intoxicated is permitted. Many residents who are trying to quit
drinking and not be "temped" with alcohol prefer these homes. We will try to open a low barrier
home, but if the homeowner whom we rent the house from does not agree with it, we may need
to go to the sober home model.
All our homes permit tobacco smoking and marijuana smoking when done outside away from the
doors and windows (usually the make a smoking area in the back yard of the house.).
For the safety of the neighborhoods where the homes are located, we do not tolerate
methamphetamine usage, and all program participants agree to random urine drug testing if we
suspect drug use. We require that participants be clean from illegal drugs for 6 months before
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moving into the house (we are not designed as a drug rehab program — there are other programs
in the county that offer that service).
The $1,000/mo per home for behavior health services cost goes toward paying for our behavior
health staff which includes four KHOC housing navigators which are bachelor's level social
workers, and one KHOC Clinical supervisor who is a licensed independent advance Social
Worker (master's degree in social work), and one licensed counselor. These six behavioral health
specialists are highly trained and experienced at working with individuals with mental health
disorders and people with addictions, including comorbidities. They work with individuals in the
homes and are involved with there is crisis situations. These behavioral health specialists also
provide ongoing training and support to our volunteer house managers. This funding also helps
pay some of our administrative cost of offering these services.
If the City of Port Orchard helps us with this funding, we will give referrals from Melissa Stern
priority into placement into any openings in the Port Orchard homes.
Policy Goals, Objectives, and Strategies from the 2021 Kitsap County Behavioral Health
Strategic Plan
Kitsap Homes of Compassion focuses on four of the policy goals:
• Improve the health status and wellbeing of Kitsap County residents
• Reduce the incidence and severity of chemical dependency and/or mental health
disorders in adults and youth
• Reduce the number of people in Kitsap County who use costly interventions including
hospitals, emergency rooms, and crisis services
• Increase the number of stable housing options for chemically dependent and mentally ill
residents of Kitsap County
Supportive Housing services are a specific intervention for people who, but for the availability of
services, do not succeed in housing and who, but for housing, do not succeed in services.
Supportive Housing services help individuals who are homeless or unstably housed live with
maximum independence in community -integrated housing. Thus, KHOC's program is meeting
several goals of Kitsap County's strategic plan, reducing the use of other, more costly
interventions, improving the health of those with serious mental disabilities, and increasing the
number of stable, long-term housing options.
Outreach/marketing plan to reach your target population and how it ensures that eligible
persons from underserved communities learn about and have access to your program.
Kitsap Homes of Compassion actively partners with Kitsap Community Resources and their
Housing Solution Center, Salvation Army, Kitsap Rescue Mission, Catholic Community
Resources (their HEN program, Benedict House, and women's shelters), Housing Bainbridge
Island, Fishline, and the City of Poulsbo. We proactively connect with all the community shelters,
hospitals, Kitsap Mental Health Services and Poulsbo Community Care Navigators. In addition,
we have a robust online presence that attracts participant applications. Our Housing Navigators
reach out to program applicants to assess their housing needs, their behavioral health needs and
health screening. Port Orchard homeless will be given priority for placement in these homes.
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How will you deliver culturally appropriate and competent services that meet the needs of
both clients and staff?
Staff are asked to attend training on cultural competence as the State and local partners make them
available. Internally, Kitsap Homes of Compassion consistently trains and supports cultural
competence. We have been careful to ensure that diversity and inclusion is highlighted in our
program screening. We also recognize that the chronic homeless and those with disabilities, as
well as those fleeing domestic violence require specific sensitivity. This is an area that we excel
in attending to in our screening tool, services and training.
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;W 4
a
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7M
Subject: Approval of an Agreement with Housing
Kitsap for Affordable Housing Funding
Meeting Date: February 22, 2022
Prepared by: Charlotte Archer
City Attorney
Atty Routing No.: 366922-0007 - Finance
Atty Review Date: February 8, 2022
Summary: Consistent with Substitute House Bill 1406 (Chapter 338, Laws of 2019) ("SHB 1406"), the City
Council authorized the City to utilize a portion of the State's existing sales tax for affordable or supportive
housing efforts. In 2020, the City evaluated proposals to utilize these funds in an effective and efficient
manner, and the selected partner, Kitsap Community Resources -Housing Solutions Center, was unable to
utilize all the allocated funds within the extended contract term. That agreement, as amended, expired
December 31, 2021.
Since that time, the City has worked to identify other partners to utilize these funds to the benefit of the Port
Orchard community.
Staff identified Housing Kitsap as a qualified non-profit organization with an established program to provide
grants to low-income households (less than 60% median income level) in Kitsap County for the rehabilitation
of existing affordable housing. The program's detailed plan is attached for reference. Staff negotiated an
agreement with Housing Kitsap for the City's participation in the program to provide grants to low-income
households in the City of Port Orchard in the amount of $41,700, for the rehabilitation of existing affordable
housing units.
Recommendation: Staff recommends Council authorize the Mayor to execute an agreement with Housing
Kitsap for the use of SHB 1406 funding for affordable housing.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to authorize the Mayor to execute an agreement with Housing Kitsap
for the use of SHB 1406 funding in the amount of $41,700 for affordable housing."
Fiscal Impact: Revenue from the Affordable and Supporting Housing Sales Tax will be used to fund the grant.
Alternatives: Do not authorize an extension and provide alternative guidance.
Attachments: Agreement with Housing Kitsap and Ex. A— Program Manual.
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AFFORDABLE HOUSING SERVICES AGREEMENT
This Affordable Housing Services Agreement ("Agreement") is entered into by and between
Kitsap County Consolidated Housing Authority dba Housing Kitsap, a Washington Housing
Authority, and the City of Port Orchard, a Washington State municipal corporation (hereinafter
the "City" and collectively the "Parties").
I. RECITALS
A. Housing Kitsap is a Municipal Corporation - Housing Authority formed under RCW 35.82.210
organized and existing under the laws of the State of Washington; and
B. The City of Port Orchard is a Washington municipal corporation organized and existing under
the Washington State Constitution and the laws of the State of Washington, and particularly
those set forth at RCW Title 35A; and
C. In the 2019 legislative session, the Washington state legislature passed SHB 1406 (codified at
RCW 82.14.540), which created a sales tax revenue sharing program that allows the City to
access a portion of state sales tax revenue (hereinafter, the "Funds") to make local investments
in affordable housing over a 20-year term; and
D. The City is committed to utilizing this funding source to assist the citizens of Port Orchard by
investing in programs that commit to providing housing assistance for those below the 60%
median income level; and
E. Housing Kitsap operates a Housing Rehabilitation Program to provide loans and grants to low-
income households to assist with the rehabilitation of existing affordable housing units (the
"Program"); and
F. Housing Kitsap desires to partner with the City to provide loans and grants to low-income
households in the City of Port Orchard for the rehabilitation of existing affordable housing;
and
G. The City desires to engage Housing Kitsap to perform the public services described herein and
undertake the use of the City's Funds for the affordable housing purposes;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises,
terms and conditions set forth below, it is hereby agreed as follows:
II. AGREEMENT
Affordable Housing Services. The City desires to engage Housing Kitsap's Program by
utilizing Funds allocated to the City pursuant to SHB 1406 to assist low-income households
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in the City of Port Orchard with grants for the rehabilitation of existing, affordable housing.
Consistent with this goal, the parties agree to the following performance obligations:
A. City's Duties. The City shall provide to Housing Kitsap the Funds in an amount up
to $41,700 for the term of this Agreement, contingent on the terms and conditions
herein. The City shall have no additional payment obligations to Housing Kitsap
beyond this allocation, and all funding is conditioned on Council appropriation.
i. Upon receipt of a complete invoice in a form acceptable to the City, the
City shall issue payment within thirty (30) days of receipt.
B. Housing Kitsap's Duties. Housing Kitsap shall utilize the Funds for the Program,
as set out on Exhibit A hereto. In utilizing the Funds and administering the
Program, Housing Kitsap shall comply with all applicable state and local laws, and
shall exclusively utilize the Funds to provide for the rehabilitation of affordable
housing to benefit to those City of Port Orchard residents with an 0-60% of the
Area Median Income (AMI). Additional parameters for the Program are attached
hereto as Exhibit A.
i. Invoices shall be submitted monthly to the City, evidencing and
documenting that the requested payment was used for the public services
described herein and authorized by the City Council. Such documentation
shall evidence that the beneficiaries of the funding are Port Orchard
residents with a 0-60% of the Area Median Income (AMI), and that the
funding is used for the rehabilitation of units of affordable housing.
ii. Housing Kitsap shall keep cost records and accounts pertaining to this
Agreement available for inspection by City representatives for three (3)
years after final payment.
iii. Housing Kitsap will provide a detailed invoice including monthly program
activity, direct program staff time and indirect salary expenses as defined
in the Central Services Cost Allocation Plan. Direct staff and indirect cost
to the program shall not to exceed 10% of Funds.
2. Duration. This Agreement will commence upon mutual execution of this Agreement and will
expire on December 31, 2022, unless earlier terminated in accordance with the terms of this
Agreement.
3. Termination. The City may terminate this Agreement with or without cause upon thirty (30)
days' advance written notice to Housing Kitsap and all work shall cease upon termination. In
the event of termination, Housing Kitsap may submit for payment from the Funds for all work
performed prior to termination, and the City have no obligation to provide Funds to Housing
Kitsap for any remaining, post -termination work. Upon termination or expiration of the
Agreement, all unused Funds shall be returned to the City.
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4. Insurance.
A. Housing Kitsap shall procure and maintain for the duration of the Agreement,
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
Housing Kitsap, its agents, representatives, or employees.
B. No Limitation. Housing Kitsap's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of Housing Kitsap to the
coverage provided by such insurance, or otherwise limit the City's recourse to any
remedy available at law or in equity.
C. Minimum Scope of Insurance. Housing Kitsap shall obtain insurance of the types
described below:
1. 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.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01, or a substitute form providing equivalent liability coverage
and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be
named by endorsement as an additional insured under the Housing Kitsap's
Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
D. Minimum Amounts of Insurance. Housing Kitsap shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Employer's Liability each accident $1,000,000, Employer's Liability
Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
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E. Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability and Commercial
General Liability insurance:
1. Housing Kitsap'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 Housing Kitsap's insurance and
shall not contribute with it.
2. The City will not waive its right to subrogation against Housing Kitsap.
Housing Kitsap's insurance shall be endorsed acknowledging that the City
will not waive their right to subrogation. Housing Kitsap's insurance shall
be endorse to waive the right of subrogation against the City, or any self-
insurance, or insurance pool coverage maintained by the City.
3. Housing Kitsap's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
If the General Liability coverage is written on a "claims made" basis, then
a minimum of a three (3) year extended reporting period shall be included
with the claims made policy, and proof of this extended reporting period
provided to the City.
F. Acceptability of Insurers. Insurance as provided by Housing Authority Risk and
Retention Pool.
G. Verification of Coverage. Housing Kitsap 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 insurance
requirements of Housing Kitsap before commencement of the work.
5. Indemnification
A. Housing Kitsap does hereby agree to save harmless and defend the City from all
claims and liability due to the acts, errors or omissions of Housing Kitsap, its agents
and/or employees, except for claims caused by the sole negligence of the City.
Such indemnity will include, but not be limited to, all out-of-pocket expenses
incurred by the City, including attorney's fees, in the event Housing Kitsap fails or
refuses to accept the tender of any claims brought against the City, the basis for
which are acts, errors or omissions of Housing Kitsap, its agents and/or employees.
B. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each Housing Kitsap's immunity under Washington's Industrial
Insurance Act, RCW Title 51, as respects the City only, and only to the extent
necessary to provide the indemnified party with a full and complete indemnity of
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claims made by the indemnitor's employees. The parties acknowledge that these
provisions were specifically negotiated and agreed upon by them.
6. Entire Agreement / Amendments. This Agreement, together with any attachments or addenda,
represents the entire and integrated Agreement between the Parties hereto, and supersedes all
prior negotiations, representations, or agreements, either written or oral. It is mutually agreed
and understood that no amendment of any of the terms of this Agreement will be valid unless
made by written instrument properly signed by both Parties.
7. Notices. Except as otherwise identified in this Agreement, any notices required to be given
by the City to Housing Kitsap, or by Housing Kitsap to the City, will be in writing and
delivered to the Parties at the following addresses:
Housing Kitsap City of Port Orchard
Heather Blough, Executive Director Robert Putaansuu, Mayor
2244 NW Bucklin Hill Road 216 Prospect Street
Silverdale, WA 98383 Port Orchard, WA 98366
Compliance with Laws. Housing Kitsap will comply with all federal, state and local laws,
rules, regulations and ordinances applicable to the performance of this Agreement, including
without limitation all those pertaining to the COVID-19 pandemic, wages and hours,
confidentiality, disabilities and discrimination, including but not limited to the Americans with
Disabilities Act and all regulations interpreting or enforcing such Act.
9. Maintenance and Audit of Records. Housing Kitsap will maintain books, records, documents
and other materials relevant to its performance under this Agreement, which sufficiently and
accurately reflect any and all direct and indirect costs and expenses incurred or paid in the
course of performing this Agreement. These records will be subject to inspection, review and
audit by the City, the Washington State Auditor's Office, and authorized federal agencies.
Both Parties will retain all such books, records, documents and other materials as required by
the Washington State Records Retention policy as established by the Secretary of State. In
the event the City receives a public records request for records pertaining to this Agreement
and/or the Program, Housing Kitsap agrees to assist the City, at Housing Kitsap's sole cost, to
meet the City's obligations under the Public Records Act, Ch. 42.56 RCW, at KH's sole cost.
10. Reporting. Housing Kitsap will submit to the City a detailed accounting of the use of the
Funds by Housing Kitsap with monthly invoices. Housing Kitsap will assist the City by
providing any information needed for the City to compile and submit the reports required to
by the State of Washington under RCW 82.14.540(11).
11. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and
signed by the waiving Party. Any express or implied waiver of a term or condition of this
Agreement will apply only to the specific act, occurrence or omission and will not constitute
a waiver as to any other term or condition or future act, occurrence or omission.
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12. Default / Dispute Resolution. If either Housing Kitsap or the City fails to perform any act or
obligation required to be performed by it hereunder, the other party will deliver written notice
of such failure to the non -performing party. The non -performing parry will have thirty (30)
days after its receipt of such notice in which to correct its failure to perform the act or
obligation at issue, after which time it will be in default ("Default") under this Agreement;
provided, however, that if the non-performance is of a type that could not reasonably be cured
within said thirty (30) day period, then the non -performing parry will not be in Default if it
commences cure within said thirty (30) day period and thereafter diligently pursues cure to
completion.
In the event a default continues and/or any dispute arises (for anything other than non-
payment) between the Parties, either party may request in writing that the issue be resolved by
mediation. If the parties are unable to resolve the dispute within ninety (90) days, then either
party will have the right to exercise any or all rights and remedies available to it in law or
equity. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing parry shall be entitled to recover its costs, disbursements, and
reasonable attorneys' fees from the other party.
13. Venue and Choice of Law. Any action at law, suit in equity, or other judicial proceedings for
the enforcement of this Agreement or any provision thereof will be instituted only in the courts
of the State of Washington, Kitsap County. It is mutually understood and agreed that this
Agreement shall be governed exclusively by the laws of the State of Washington, both as to
interpretation and performance.
14. Assignment and Subcontracting Housing Kitsap may not assign, transfer, delegate,
subcontract or encumber any rights, duties, or interests accruing from this Agreement without
the express prior written consent of the City, which consent may be withheld at the sole
discretion of the City.
15. Severability. If any term or provision of this Agreement should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
will not affect the validity or constitutionality of any other term or provision of this Agreement,
and this Agreement will be construed in all respects as if such invalid or otherwise
unenforceable term or provision was omitted.
16. Independent Contractor. Housing Kitsap is and will be at all times during the term of this
Agreement an independent contractor. Nothing in this Agreement will create an
employee/employer relationship between the Parties.
17. Independent Parties. The Parties to this Agreement, in the performance of it, will be acting in
their individual capacities and not as agents, employees, partners, joint ventures, or associates
of one another. The employees or agents of one party will not be considered or construed to
be the employees or agents of the other party for any purpose whatsoever.
AFFORDABLE HOUSING SERVICES AGREEMENT Page 6 of 8
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18. Counterparts. This Agreement may be executed by the Parties using duplicate counterparts.
19. Filing. In accordance with RCW 38.34.040, this Agreement will be filed with the Kitsap
County Auditor or listed on the web sites of the parties prior to its effective date.
20. Disclosure. The parties understand that the City's Mayor is, by virtue of his position, a
member of the KCCHA governing board. The parties understand and agree that the Mayor will
act on behalf of the City at all times during the term of this Agreement and will not act on behalf
of KCCHA or its Board. The Mayor will have no fiduciary duties with respect to KCCHA's
interests under this Agreement and the Mayor's sole fiduciary duty shall be to the City. The parties
agree that the Mayor's involvement in this Agreement is not a conflict of interest for either party.
FOR HOUSING KITSAP
Adopted this day of , 20
, Executive Director
FOR THE CITY OF PORT ORCHARD
Adopted this day of , 20
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
AFFORDABLE HOUSING SERVICES AGREEMENT Page 7 of 8
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EXHIBIT A — SCOPE OF WORK AND FUNDS ALLOCATION
Housing Kitsap shall utilize the funds for its Home Rehabilitation Program, consistent with the
Housing Kitsap Home Rehabilitation Program Plan and Operations Manual attached hereto.
Funds shall be used for grants to accomplish affordable housing rehabilitation, to benefit
households with an 0-60% of the Area Median Income (AMI). Documentation evidencing all
expenditures by Housing Kitsap that meet these criteria shall be provided to the City with each
submitted invoice.
ATTACHMENT - Housing Kitsap Home Rehabilitation Program Plan and Operations
Manual
AFFORDABLE HOUSING SERVICES AGREEMENT Page 8 of 8
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HOUSING KITSAP
HOME REHABILITATION PROGRAM
PLAN AND OPERATIONS MANUAL
(Revised Dec 2021)
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INTRODUCTION...........................................................................................................4
I. PROGRAM PLAN......................................................................................................5
1. HOUSING REHABILITATION PROGRAM..............................................5
A. HOME REHABILITATION FINANCING - OWNER OCCUPIED .....5
B. LOAN REQUIREMENTS.......................................................................6
2. HOME REPAIR AND HANDICAP ACCESS GRANTS ...........................8
3. NONDISCRIMINATION...........................................................9
4. MARKETING/OUTREACH.......................................................1
0
I1. PROGRAM OPERATION........................................................................................10
1. BASIC FUNCTIONS....................................................................................10
2. ORGANIZATION & STAFFING.................................................................11
III. THE REHABILITATION PROCESS......................................................................12
1. GENERAL DESCRIPTION..........................................................................12
2. STEP-BY-STEP INSTRUCTIONS .............................................
13
REHAB PROCESS CHART ..................................................
14
VERIFICATIONS REQUIRED...............................................15
BID CONTRACTING REQUIREMENTS...................................15
APPLICATION..................................................................15
HOME REHABILITATION BRIEF..........................................17
HOME REPAIR GRANTS.....................................................18
B. INSPECTION, DRAFT WORK LIST & PRELIMINARY COST
ESTIMATE.......................................................................19
C. PROJECT SELECTION........................................................19
D. FINAL REHABILITATION PLAN/WORK LIST ..........................20
E. SOLICITATION OF BIDS/CONTRACTOR SELECTION...............22
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TABLE OF CONTENTS
F.
LOAN PACKAGE.....................................................................................23
G.
LOAN CLOSING......................................................................................24
H.
CONTRACT EXECUTION AND NOTICE TO PROCEED ...................25
1.
REHABILITATION WORK.....................................................................26
J.
LOAN CLOSE OUT..................................................................................27
K.
WALK AWAY POLICY.........................................................27
L.
LIMITED WARRANTY..........................................................29
M.
LOAN PORTFOLIO MANAGEMENT.........................................30
N.
SUBORDINATION...............................................................31
O.
LOAN MODIFICATION.........................................................32
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INTRODUCTION
The preservation of existing affordable housing is critical to the provision of reasonable cost
housing very low income households. It is also a necessary element in any plan to revitalize
older deteriorated neighborhoods. Housing is not a static asset which can be built and then
ignored. Ongoing maintenance, repairs, and occasional refurbishing of the basic systems (roof,
electrical, plumbing, foundation, etc.) must be combined with adapting or remodeling of the
house to fit changing conditions and energy efficiency needs (rising energy costs, higher
electrical use, etc.).
Housing rehabilitation is both simple and complex. It is not a high technology area which needs
a highly educated engineer just to understand the concepts. Everyone has lived in some type of
housing and we all know how to complete basic building maintenance and repair. However,
implementation of a public neighborhood rehabilitation program includes the responsibility for
wise use of public funds, detailed housing inspections and conditions analysis, development of
individual rehab plans, reviewing and verifying financial applications, verifying ownership and
title documents, reviewing construction bids, conducting loan closings, monitoring construction
work, servicing loans, mediating disputes, advising and educating homeowners in the loan and
construction process, advising small contractors, and communicating the program to potential
applicants.
To effectively implement a neighborhood rehabilitation program, clear program goals, objectives
and policies must be adopted, clear management responsibility and authority must be established,
and the program staff must have a cross-section of generalist abilities and detailed technical
knowledge. Underestimating the complexities of housing programs combined with poor
planning, inappropriate or unclear assignment of responsibilities, and poor staff selection or
training has resulted in many ineffective public neighborhood rehabilitation programs.
This workbook is divided into three parts. Part I includes the program guidelines, including
program goals, objectives, policies and standards. Part II includes information on the program
operation and organization. Part III includes a description of the rehabilitation process with
detailed implementation instructions and forms for use in each step of the rehabilitation process.
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I. PROGRAM PLAN
1. HOME REHABILITATION PROGRAM
GOALS AND OBJECTIVES: The goal of the Home Rehabilitation Program is to assist in the
preservation and revitalization of older neighborhoods throughout Kitsap County and to improve
the quality of housing available to households with very low incomes. The program objectives
are:
Provide most of the public assistance to the lowest income households, disabled and veteran
populations and elderly population. Partnerships with other local agencies will be a priority;
2. Assist in the basic rehabilitation of as many housing units as possible;
3. Concentrate the public resources in correcting health and safety hazards, eliminating
neighborhood blighting conditions, and completing energy conservation improvements;
4. Encourage community and government agency partnerships;
5. Encourage property owners to use private resources wherever possible in completing their
building rehabilitation work;
6. Incorporate energy efficient measures (when rehab price and scope allows) like, 90% or
greater efficient furnace, energy star fixtures, Low E windows, increased insulation, low
flow plumbing fixtures, low voltage high efficiency ventilation fans, etc.
The HOUSING REHABILITATION LOAN is the primary tool available to assist owners in
rehabilitating their properties.
A. HOME REHABILITATION FINANCING - OWNER OCCUPIED
ELIGIBLE HOMEOWNERS: These loans are available to homeowners within the following
limits (Table 1). The income eligibility will be determined by using the "DETERMINING
INCOME AND ALLOWANCES FOR HOME PROGRAM MANUAL, specifically using the 24
CFR Part 5.609 method.
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The income level of the household is below the following levels, this program targets very -
low and extremely low income levels:
TABLE 1
HUD Income Eligibility Limits for 2021
Income Family Size
Level 1 2 3 4 5 6 7 8+
Very $32,950 $37,650 $42,350 $47,050 $50,850 $54,600 $58,350 $62,150
Low
These income eligibility limits will be updated annually using Department of Housing and Urban
Development Income: Determined by HUD, 24 CFR Part 5.609 Annual Income/Assets
Worksheet income limits. Present annual income shall include the gross income of all
permanent household members at the time the application is submitted. The actual annual
income of the applicant must be considered rather than an annualization of the present weekly or
monthly income. All support payments, benefit payments and interest income must be included
in determining eligibility for a loan and the applicable income category. Self employed
applicants will be reviewed on a case by case basis to determine eligibility and income category.
2. Loans are available to assist very low and extremely low households County -wide outside
of the City of Bremerton.
3. Maximum loan amount will be $35,000.
4. Grant and loans will be determined by the need in the home or property. Manufactured
homes
on leased property will be granted and manufactured homes on land or homes on land will be
loans.
B. LOAN REQUIREMENTS —
ELIGIBILITY: Only buildings which need the correction of health and safety hazards,
elimination of exterior blighting conditions, provision of handicapped access, or cost effective
energy conservation improvements are eligible for housing rehab loans.
LOAN DOCUMENTS AND SECURITY: A Promissory Note will be used to document the
loan. A Deed of Trust will be recorded on the property being rehabilitated as security for the
loan. When a public loan is combined with a private loan, the public loan security may be
subordinated to the private loan.
SUBORDINATION: At the Borrower's request, the Home Rehabilitation Program may
subordinate to a refinance, upon approval of the Program Director, on a first mortgage if the
Borrower is seeking a lower interest rate and lower monthly payments with no cash taken out on
their first mortgage, and there is not enough equity in the home to payoff the rehabilitation loan.
Con
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ELIGIBLE REHABILITATION WORK:
Health and safety hazards should take priority. Health and safety hazards are conditions
which do not meet the minimum standards contained in the Uniform Housing Code or other
life safety codes, or handicapped access as defined in the Americans with Disabilities Act
(ADA), plus any immediate lead -based paint hazard.
2. Cost effective energy conservation work will be completed if loan funds after correction of
health and safety hazards have been financed.
3. Elimination of exterior blighting work should be completed if loan funds are available after
correction of health and safety hazards and cost effective energy conservation work has been
finished.
4. Building conservation work may be included if the owner is eligible for borrowing enough
funds to complete the correction of all the health and safety hazards and cost effective
energy conservation work and elimination of exterior blighting conditions and additional
loan funds are available upon approval of the Program Director.
RESTRICTIONS ON THE WORK WHICH CAN BE FINANCED:
First priority of the rehabilitation loan funds should be used in correcting health and safety
hazards, completing cost effective energy conservation improvements and elimination of
exterior blighting conditions.
2 Wood stoves financed with housing rehab funds must be energy efficient and certified.
Their cost should not exceed the cost of a standard product.
3. Carpeting financed through the program, must be standard, good quality carpet which is
long lasting and easy to maintain and must meet green label plus.
4. Additions are not eligible except where required to alleviate an overcrowded condition as
defined in the Uniform Housing Code.
5. Non -essential luxury improvements, area rugs, furniture, non -essential appliances, cosmetic
improvements are not eligible rehabilitation costs.
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6. Exterior improvements:
a. must be compatible with and enhance the original character of the building and site;
b. cannot remove or alter historic material or distinctive architectural features;
must repair deteriorated architectural features wherever possible;
d. shall be completed in a manner which retains the essential form and integrity of the
existing structure; and
the State Historic Preservation Officer (SHPO) must be contacted if the building is 45
years or older.
OTHER ELIGIBLE LOAN COSTS: Title insurance information, document recording and
necessary architectural or engineering fees are eligible loan costs.
METHODS FOR COMPLETING THE REHABILITATION WORK: Utilization of one
contractor under one contract for all the work is the method preferred for completing the
rehabilitation work. This method has been selected because of the need for a fixed maximum
cost on each loan and a fixed time limit for completing the rehabilitation of each house. The
Program Staff reserves the right to solicit additional contractors based upon performance and/or
availability of contractor.
All work must be completed by an annual contracted registered, insured, and bonded contractor..
The contractor must also not be debarred from or listed on the Excluded Parties List System
(EPLS), Federal debarment. The contractor must be an equal opportunity employer and reach out
to small, minority and women -owned subcontractors and suppliers.
2. HOME REPAIR AND HANDICAP ACCESS GRANTS
GOALS AND OBJECTIVES: The goal of the Home Repair and Handicap Access Grant is to
provide grants for housing repairs and removal of architectural barriers for those in mobile
homes on leased land and must be qualified, Very Low-income households. The program
objectives are:
Preservation of affordable housing;
2. Priority given to the very low elderly, disabled and veteran populations;
3. Provide most of the public assistance to the lowest income households;
4. Concentrate the public resources in correcting health and safety hazards, eliminate
deteriorated conditions; and remove architectural barriers to handicap access; and
5. Encourage reinvestment in the older neighborhoods of Kitsap County.
ELIGIBLE HOMEOWNERS: These grants are available to homeowners within the following
limits:
N.
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1. The present annual income level of the household is the Very Low income limits shown in
Table 1. Present annual income shall include the gross income of all permanent household
members at the time the application is submitted. The actual annual income of the applicant
must be considered rather than only an annualization of the present weekly or monthly income.
All support payments, benefit payments and interest income must be included in determining
eligibility for a loan and the applicable income category. Self employed applicants will be
reviewed on a case by case basis to determine eligibility and income category.
2. The house may be located throughout the Kitsap County outside of the city of Bremerton.
3. The homeowner must have been the owner and occupant of the house where work is needed
for a period of one or more years.
GRANT AMOUNTS AND TERMS: The maximum available emergency grant is $18,500.
ELIGIBLE WORK: Elimination of health and safety hazards, energy efficiency and
architectural barriers to handicap access.
GRANT REQUIREMENTS:
GRANT DOCUMENTS AND SECURITY: A Grant Agreement will be used to document the
grant.
OTHER ELIGIBLE GRANT COSTS: Title check costs, and necessary engineering fees are
eligible costs.
METHODS FOR COMPLETING THE REHABILITATION WORK: Utilization of one
contractor under one contract for all the work is the method preferred for completing the
rehabilitation work. This method has been selected because of the need for a fixed time limit for
completing the rehabilitation of each house. The Program Staff reserves the right to solicit
additional contractors based upon performance and/or availability of contractor.
All work must be completed by an annual contracted registered, insured, and bonded contractor..
The contractor must also not be debarred from or listed on the Excluded Parties List System
(EPLS), Federal debarment. The contractor must be an equal opportunity employer and reach out
to small, minority and women -owned subcontractors and suppliers.
3. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes. State and local
requirements, as well as PHA policies, can prohibit discrimination against additional classes of
people.
The Home Rehabilitation Program shall not discriminate because of race, color, sex, religion,
familial status, age, disability or national origin (called -protected classes).
The Home Rehabilitation Program will not use any of these factors to:
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Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the
opportunity to participate in the Home Rehabilitation Program;
Provide housing that is different from that provided to others;
Subject anyone to segregation or disparate treatment;
Restrict anyone's access to any benefit enjoyed by others in connection with the housing
program;
Treat a person differently in determining eligibility or other requirements for admission;
Steer an applicant or tenant toward or away from a particular area based on any of these factors;
Deny anyone access to the same level of services;
Deny anyone the opportunity to participate in a planning or advisory group that is an integral part
of the housing program;
Discriminate in the provision of residential real estate transactions;
Discriminate against someone because they are related to or associated with a member of a
protected class;
Publish or cause to be published an advertisement or notice indicating the availability of housing
that prefers or excludes persons who are members of a protected class.
4. MARKETING/OUTREACH
The Home Rehabilitation Program strives to serve the maximum numbers of very -low income
households within our service area. All outreach material is targeted to those agencies and
information referral services that have contact and on -going access to very low income clientele.
The Program Staff will provide brochures and applications and will work with local agencies and
community groups such as Kitsap Community Resources, USDA -Rural Housing Services,
Kitsap Housing Coalition, Asset Building Coalition of Kitsap, Housing Resource Board of
Bainbridge Island, State of Washington, Department of Social and Health Services etc. Due to
the length of the Wait List, the Program does not consistently advertise in the local newspaper
publications.
II. PROGRAM OPERATION
1. BASIC FUNCTIONS
The basic functions which are provided by the Home Rehabilitation Program are as follows:
1. Provide program information and communication to the community and potential
applicants;
2. Housing inspections, technical advice, review of contractor qualifications and monitoring
of construction work;
3. Application and financial review, loan review and approval, loan processing, loan servicing
and loan draw processing;
4. Accounting support;
5. Program management including maintaining a reasonable production level, resolving
disputes; completing program reports, training staff, troubleshooting and other miscella-
neous functions.
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2. ORGANIZATION AND STAFFING
The Home Rehabilitation Program is operated by the Kitsap County Consolidated Housing
Authority d/b/a Housing Kitsap. Staff includes, Program Director, Program Coordinator and
Construction Manager.
The Program Director is responsible for overall policy issues, review and approval of the
operations manual and review of all exceptions to approved guidelines and process. He/She is
responsible for developing, revising and monitoring the general program operation. The
Program Director supervises all program operations.
The Program Coordinator processes the loan application; prepares the loan package; closes
loans; and provides loan servicing. This work includes, but is not limited to, maintaining
accurate records and files on each applicant and providing the clerical, typing, scheduling and
bookkeeping support services along with the Finance Department staff person for the program;
providing general program information in response to phone and walk-in requests; assisting
owners, contractors and rehabilitation staff in scheduling needed appointments; conducting loan
application interviews, obtaining information verification, closing loans and maintaining the
financial records on each approved loan; servicing loans on completed projects; preparing
monthly activity reports, contacting each social service group that provides services to low
income Kitsap County residents; preparing newspaper advertising on program; and presenting
program information at community group meetings.
The Construction Manager provides technical services to the owner and contractor; prepares the
bid package; processes the draws; provides troubleshooting assistance on technical problems
which occur in the rehab process; and monitors the work process. The work of the Construction
Manager includes, but is not limited to, completing detailed initial building inspections,
inspection reports, preliminary work lists, heat loss analyses, and general cost estimates;
producing the complete final work lists, and soliciting and reviewing bids; conducting a pre -
construction conferences; monitoring the rehabilitation work; completing final inspections;
scheduling and assisting in the distribution of program information to each target area household
and property owner.
The Home Rehabilitation Program office is located at 345 6th Street, Suite 100, Bremerton, WA
98337. The office is open from 8:00 a.m. to 4:30 p.m. during normal work days.
Community Information: News releases or brochures shall be issued periodically on the
program. Information will be distributed throughout the County and/or mailed to potential
applicants. The community information effort is to communicate with people who need
assistance at a pace which provides a reasonable flow of applications either through
advertisement and/or community partners. If the Wait List is long, the Program will hold off on
advertisement.
III. THE REHABILITATION PROCESS
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1. GENERAL DESCRIPTION
The housing rehabilitation process requires the Program Staff to work in a complex process,
advising participants with diverse interests and fulfilling many functions not usually expected of
public employees. The initial Program Staff function is to communicate the details of the
rehabilitation process and requirements to the individual applicant. The Program Staff must be
able to advise the owner, review the feasibility of the application and make a preliminary
determination of the eligibility. When an application appears to qualify on a financial basis, the
Program Staff completes an independent and objective review of the conditions of the housing
unit and what repairs and improvements are needed.
After the preliminary review and approval, the Program Staff role shifts to technical advisor for
the owner. In the process of developing the final rehabilitation plan, the Program Staff needs to
provide advice and technical assistance needed by the owner in matching the housing
improvement needs with the available resources while meeting the Program requirements.
The Program Staff will select a contractor, and writes the planned work for conformance with
program requirements, the contractor (to insure that he or she is properly licensed and registered)
and the bid (for the reasonableness of the price and the potential for satisfactory completion of
the work within the available resources). Once a workable package is prepared, the Program
Coordinator submits a package to the Program Director for project approval.
Throughout the remainder of the rehabilitation process, the Program Staff shifts from role to
role: owner, advisor, public reviewer for conformance with Program requirements, loan officer
and mediator of disputes. The Program Staff prepares all loan documents, conducts a loan
closing and records all loan documents in conformance with local, state and federal laws and
regulations. The Program Staff reviews the proposed final construction documents for
conformance with Program and loan requirements and then advises the owner on the contract
execution. During the construction process, the Program Staff needs will be available to conduct
project inspections on the appropriateness of the work being completed. As loan officer, the
Program Staff reviews the work completed in response to requests for loan draws. Once the
work has been fully completed, the Program Staff reviews the rehabilitated building for
conformance with all of the Program standards and the approved rehabilitation plan.
After the housing has been rehabilitated, the Program Staff can provide additional valuable
assistance through follow-up, information and advice on periodic maintenance schedules and
warranty repairs needed.
2. STEP-BY-STEP INSTRUCTIONS AND FORMS
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The best assurance of providing a successful rehabilitation process resulting in improved housing
units at a reasonable production level with a minimum of disputes is to have a well defined, easy
to understand process, which clearly identifies each participant's roles and responsibilities. In the
following pages, the process is outlined in the steps. The title of the person who is usually
assigned the lead responsibility for the successful completion of a step is listed after the heading
for each step. Within the description of each step, the work objective is given and a
chronological work description is provided in a cookbook format. At each point where a
standard form or letter is needed the number of the appropriate form or document is listed in
parentheses. The standard forms and sample documents are included at the end of each step
description. The rehabilitation process is a legal and financial process which must be properly
documented and implemented. The steps described and forms included in this workbook are
organized and provided with the objective of reducing the paperwork and process to the
minimum required to provide a good quality product for participants in a reasonable amount of
time.
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THE REHAB PROCESS
Submit Determine
application Application
Eligibility
i
Sign
Contracts
Deed or
Grant with
Participant
and
Contractor
0
Perform
Renovation
Inspect
Progress
7and
Approve
Bid Project
and Select
Contractor
Approve
8 Change
Orders and
Progress
Payments
14
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ly
I�
Verify
Ownership
Income
Taxes
Insurance
start
Environme
ntal
Review
J
Inspect
Property
Create
Work List
and Cost
Estimate
Sign Final
Contracts
Record
Deed
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VERIFICATIONS REQUIRED FOR HOME REHABILITATION LOANS
1. Application: Fully completed & signed application.
2. Income: Determined by HUD, 24 CFR Part 5.609 Annual Income/Assets Worksheet.
Written employer verification or three of the most current pay stubs, current award letters
for SSA or SSD and last year's Income Tax Return (two year's tax returns if self-
employed).
3. Proof of Ownership: Last recorded Deed showing applicants ownership or mobile home
vehicle registration.
4. Assessed value plus 25% of estimated rehab cost of county assessor records.
7. Loan Security: Promissory Note and Deed of Trust.
HOME REHABILITATION LOAN PROGRAM
BID/CONTRACTING REQUIREMENTS
BIDS: Must advertise the contract for bid in a local paper of general circulation or through
the State website for Small Works Contractors. Should obtain 2 to 3 or more written
bids using Program bid forms. Utilization of one contractor under one contract for all
the work is the method preferred for completing the rehabilitation work. This method
has been selected because of the need for a fixed maximum cost on each loan and a
fixed time limit for completing the rehabilitation of each house. The Program Staff
reserves the right to solicit additional contractors based upon performance and/or
availability.
CONTRACT: Program standard form with up to four partial payments plus final.
APPLICATION
Responsible: Program Coordinator
In the application process, the interested owner/potential applicant should be provided with
overview information on the rehabilitation process, the processing time frame, the eligibility
requirements, the work which can be financed, and other specific program requirements. The
program needs to obtain a detailed application with information on the property to be
rehabilitated and information on the applicant's income and expenses. The property ownership,
income information provided will need to be verified before a loan is closed.
Provide people who contact the Program with information on the program, eligibility
requirements and priorities and an appropriate application form.
2. For people interested in submitting an application for a home rehabilitation loan, review the
application to the extent they have been able to complete it, including information on:
a. Property location;
b. Recent income (pay, Social Security, etc.) for owner occupants;
c. General description of rehab work needed on property;
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d. Loan, mortgage or real estate contracts; and
e. Ownership information.
3. Assist the applicant in completing the detailed application form.
4. Review the appearance of eligibility of the applicant (property location, ownership,
occupancy, indebtedness, income, etc.).
a. Owner occupied:
1) Very low income: Review the income information and location of the property to
insure that the property is within the County program area.
5. If the applicant appears to be ineligible for a loan, carefully explain to the applicant the
reasons for ineligibility.
6. If the applicant appears to be eligible for rehabilitation assistance, review with the owner the
appropriate detailed program description CDBG Owner Occupied Housing, and review the
process and requirements of the rehabilitation program with the applicant. Specifically
review:
a. The assistance to be provided by the program (detailed inspection, draft work list,
general cost estimate and a work plan, and contractor selection and construction
monitoring);
b. The work requirements and restrictions: all health and safety hazards must be repaired;
all cost effective energy conservation work must be included in the work to be done,
the majority of the funds must be used for health and safety repairs and energy
conservation work; limitation of modernization work; and non -essential or luxury
improvements cannot be completed with the public loan funds;
c. Maximum loan amounts, interest rates, if applicable, and repayment terms;
d. Loan documents and security requirements;
e. The process and probable time frame for loan and work approval.
8. Set-up a case file on the applicant including the name, address and appropriate dates.
9. An Environmental Review must be performed on each rehabilitation project. Check the
location of the property in relation to flood plains and age of the structure for historic
significance. Submit the Environmental Review form to CDBG for approval.
10. Check contractor debarment on the Excluded Parties List System (EPLS), Federal
debarment.
11. If the financial and ownership information indicates insurmountable problems, cancel the
inspection and review the reason for the disqualification of the application with the Program
Director. Send the owner a formal application rejection letter and right to appeal.
12. If the project appears to be feasible, give the Construction Manager the case file including
inspection forms and a note on the scheduled inspection time.
THE HOME REHABILITATION PROGRAM
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WHAT IS IT?
The Home Rehabilitation Program provides assistance for the rehabilitation of owner occupied
housing. The intent of the program is to assist in the provision of safe housing, affordable to
very low income people and to assist in the preservation of affordable housing and improvement
of older residential neighborhoods.
WHO IS ELIGIBLE FOR ASSISTANCE?
Owner occupied housing occupied very low income households county -wide outside of the city
of Bremerton.
WHAT ARE THE TERMS OF ASSISTANCE FOR OWNER OCCUPIED HOUSING?
The rehabilitation assistance is provided as a loan at zero interest, deferred for 20 years with no
required monthly payments for low and very low income owners.
WHAT TYPE OF WORK CAN BE FINANCED?
Basic health and safety problems and, as appropriate, barriers to handicapped accessibility.
Exterior deterioration and cost effective energy conservation work to be completed where
feasible. A majority of the rehabilitation costs must be in basic repairs, elimination of the
exterior deterioration and cost effective energy conservation improvements. Limited general
improvements to make a building more livable may be eligible for financing.
Grant and loans will be determined by the value in the home or property. Manufactured homes
on leased property will be grants and manufactured homes on land or homes on land will be
loans. Grants may be given to mobile homeowners on owned land if there is an emergency repair
due to health and safety, electrical, plumbing or leaking roof at the discretion of the Program
Director on a case by case basis.
HOW DOES THE LOAN AND REHABILITATION PROCESS WORK?
The building rehabilitation process is cautious and detailed, including a detailed property
inspection, condition analysis and cost estimate; analysis of project feasibility; verification of
ownership, income eligibility; development of a detailed rehabilitation plan and solicitation of
contractor bids by the staff; loan closing and contract execution; and disbursement of loan funds
on the basis of the work which has been completed. The Program Staff will assist you in
preparing for the rehabilitation of your house and in monitoring the work.
FOR MORE INFORMATION, PLEASE CALL (360) 535-6100
The Home Rehabilitation Program is an equal opportunity lender.
THE HOME REHABILITATION PROGRAM
HOUSING REPAIR GRANTS
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ELIGIBLE HOMEOWNERS: These grants may be available to homeowners with mobile
homes on leased land including disabled people, veterans or elderly as a priority that fall under
50% of the median income ( SEE TABLE #1) for Kitsap County. Grants may be given to
mobile homeowners on owned land if there is an emergency repair due to health and safety at the
discretion of the Program Director on a case by case basis. This income eligibility will be
determined by using the "DETERMINING INCOME AND ALLOWANCES FOR HOME
PROGRAM MANUAL, specifically using the 24 CFR Part 5.609 method.
1. The house may be located within the Kitsap County outside of the city of Bremerton.
2. The homeowner must have been the owner and occupant of the house where work is needed
for a period of one or more years.
GRANT AMOUNTS AND TERMS: The maximum available Emergency Grant is $20,000.
ELIGIBLE WORK: Elimination of health and safety hazards and architectural barriers to access
by the handicapped.
GRANT REQUIREMENTS
GRANT DOCUMENTS: A Grant Agreement will be used to document the grant.
OTHER ELIGIBLE GRANT COSTS: Title information costs and necessary engineering fees are
eligible grant costs.
METHODS FOR COMPLETING THE REHABILITATION WORK: Utilization of one
contractor under one contract for all the work is the method preferred for completing the
rehabilitation work. This method has been selected because of the need for a fixed time limit for
completing the rehabilitation of each house. The Program Staff reserves the right to solicit
additional contractors based upon performance and/or availability of contractor.
All work must be completed by an annual contracted registered, insured, and bonded contractor..
The contractor must also not be debarred from or listed on the Excluded Parties List System
(EPLS), Federal debarment. The contractor must be an equal opportunity employer and reach out
to small, minority and women -owned subcontractors and suppliers.
IN
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B. INSPECTION, WORK LIST & PRELIMINARY COST ESTIMATE
Responsible: Construction Manager
During the initial inspection, the existing housing conditions need to be documented in a detailed
format which is easy for the owner to understand. In addition, all of the basic information
needed in planning the home repairs should be gathered at this time, as needed (room sizes,
window sizes, photographs, etc.). A preliminary Work List and general cost estimate are needed
to make a preliminary determination on the feasibility of a housing rehabilitation loan.
Call to scheduled inspection.
2. Conduct a complete housing inspection utilizing the inspection forms in the inspection:
a. Indicate all health and safety hazards, including exterior building deterioration
problems;
b. Indicate the condition of all items listed on the inspection form;
c. List all repairs and improvements which appear to be advisable to complete during
rehabilitation;
d. List all special concerns or plans which the owner and/or occupant has for each area of
the house; and
e. Take all measurements needed to prepare a Cost Estimate, an Estimate of Value. Take a
picture of each exterior elevation and special conditions or problem areas.
3. Within a short time after the inspection has been conducted, review the field inspection
notes and complete a full inspection report and preliminary Work List.
4. Complete a preliminary Cost estimate/Value worksheet.
5. Any homes built prior to 1978 will get tested for lead hazards. If lead is present or presents a
hazard it must be stabilized. HUD Form lead safe housing check -list should be used and the
owner will be given a Protect Your Family From Lead In Your Home pamphlet.
C. PROJECT SELECTION
Responsible: Program Coordinator
The basic determination of eligibility for project participation and the approximate dollar amount
must be made at this time. This decision needs to be a careful balancing of need, public
objectives and protection of public funds. All applications must be evaluated on the basis of
established and objective standards which are consistently applied to all applications.
Review the feasibility of eligibility based on the additional information provided by the
Detailed Home Inspection Report and the Preliminary Cost Estimate/Value worksheet.
2. Owner Occupied: The home must be owner occupied. The Program Staff recognizes that
people who have variable and unpredictable income or potential for large and unpredictable
medical expenses (disabled/elderly/veteran people), people who have recently started a new
job, people with poor credit records and very low income people will not be able to use
private financing sources.
3. If the owner appears to qualify for the rehabilitation program, schedule an appointment with
the owner, the Program Coordinator and the Construction Manager to review the
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preliminary determination of the maximum loan amount for which the applicant has
qualified, the detailed home inspection report, the general cost estimate and the instruction
sheets for preparing a work write-up. Request the owner to bring any additional financial or
ownership verifications needed. However, income can be verified through copies of income
tax returns, award letters, paycheck stubs or employer records. Self-employed applicants
must provide copies of the most recent years of income tax returns.
4. If the owner is not approved the rehabilitation program due to eligibility, the project exceeds
the amount per project or the Walk Away Policy, review the application with the Program
Director and then send the applicant a letter stating the specific reasons for disqualification
and his or her right of appeal.
5. Review the project selection decision and maximum loan amount with Program Director.
6. In the preliminary review appointment, carefully review the inspection report and pre-
liminary work list, the work options and the cost estimates. Ask the owner to review the
preliminary work list to provide the basis for the final rehabilitation plan.
D. FINAL REHABILITATION PLAN/WORK LIST
Responsible: Construction Manager, Program Coordinator
During this step, the Program Staff will develop a specific housing rehabilitation plan which is
feasible to complete within the loan funds available and which meets the program requirements.
The plan must include specific work and material descriptions, which will enable the Program
Staff to solicit a complete bid. This work description will also be the basic document in the
construction contract.
Provide owners with a copy of the Loan Agreement.
2. Review the Work List which has been prepared by the Program Staff.
3. Prepare revised cost estimate based on the final rehabilitation plan and the selected method
for completing the work. If the revised cost estimate substantially exceeds the maximum
potential loan amount, the Construction Manager will revise the Work List, as needed, to
reduce the cost of the work, but must address all health and safety issues. Cost reductions
should be approached by first selecting less expensive repairs or material; second (if
needed), by eliminating some or all modernization and general improvements work; and
finally (if still needed), by cutting the exterior deterioration and building conservation
improvements. If justified and needed, the Program Director at its discretion may increase
rehabilitation amount. Correction of all health and safety hazards and any immediate lead -
based paint hazards must always be completed.
4. Review the final Work List to assure that health and safety hazards indicated in the detailed
inspection report will be corrected and that any historic conditions will be met. If all
hazards will be corrected, have the work list typed in final form, if needed.
REHABILITATION LOAN PROGRAM
COMPLETING A FINAL REHAB PLAN
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(WORK LIST)
IDENTIFYING PROBLEMS:
Review the detailed inspection report and list any problems you now have with the building
which are not indicated on the inspection report. The list of problems needs to be prioritized
according to the following categories:
HEALTH AND SAFETY HAZARDS -- potential fire hazards, faulty wiring, leaking
plumbing, unsafe stairways, lead, leaking roofs, settling foundations and other hazards.
2. ENERGY CONSERVATION PROBLEMS -- those conditions (furnace, insulation, etc.)
which, if corrected, will reduce future heating and operating cost to the owner or occupants.
3. EXTERIOR DETERIORATION AND BUILDING CONSERVATION PROBLEMS -
roofs, gutters, exterior painting and other areas which are in poor condition but not
hazardous, which if corrected now will improve the neighborhood appearance and save
maintenance and repair costs.
4. COSMETIC PROBLEMS -- cosmetic improvements cannot be paid for with public
rehabilitation loan funds.
The Construction Manager will review the inspection report, identifying additional problems.
PREPARE A WORK LIST:
The Construction Manager will develop a detailed list of the work which will be done on your
home.
The Program Staff will review the Work List on what work can be financed with a rehab loan:
Health and safety hazards, immediate lead -based paint hazards and exterior building
deterioration should be corrected.
2. Cost-effective energy conservation work should be completed, if possible.
3. The majority of the rehabilitation costs should be spent in correcting health and safety
hazards and doing work which will reduce the long-term maintenance & operating costs of
your house.
4. Exterior deterioration should be corrected if possible. Modernization work is limited.
5. Improvement of the site and accessory buildings cannot exceed 10% of the project costs.
6. The cost of wood stoves cannot exceed 10% of the loan amount, unless it is the primary
source of heat.
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7. The cost of purchasing and installing wood stoves is limited to standard quality appliances
necessary for normal household operations.
8. The cost of cosmetic work to simply change the appearance of the building cannot be paid
for with public rehab loan funds.
9. The purchase of furniture, area rugs, carpet (except attached wall to wall carpet) CANNOT
be financed with a rehab loan.
10. The purchase or installation of non -essential or luxury items CANNOT be financed with a
rehab loan.
11. All manufacturers, including, but not limited to, Puget Sound Energy, Natural Gas and
product rebates from materials, fixtures and appliances installed in the rehabilitation will be
returned to the Home Rehabilitation Program and applied to the loan of the owner. If funds
are granted, the rebate will be recycled back into the Program and used as Program Income.
The final rehab plan Work List will be developed by the inspection report. Through adding to or
changing the Work List, the Construction Manager can develop a final plan which includes
EVERY WORK ITEM which will be done (replace front door hardware with new entrance
lockset and dead bolt lock, install bath fan, etc.). The plan needs to indicate the LOCATION of
each work item (northwest bedroom, east living room wall, etc.); and the QUALITY LEVEL
(panel door to match existing doors, etc.). The Construction Manager also needs to select and
indicate in the work list, where possible, the COLORS, PATTERNS, etc., for floor coverings,
light fixtures, paints.
The final Work List is the full listing of all the work to be done on your building. IF IT IS NOT
WRITTEN IN THE WORK LIST AND CONTRACT, THE WORK WILL NOT BE DONE.
E. SOLICITATION OF BIDS/CONTRACTOR SELECTION
Responsible: Construction Manager
In this step, the Construction Manager will select a contractor who will complete the work within
the available funds for the best value considering price, quality of work and ability to complete
the work within the time required. Utilization of one contractor under one contract for all the
work is the method preferred for completing the rehabilitation work. This method has been
selected because of the need for a fixed time limit for completing the rehabilitation of each
house. The Program Staff reserves the right to solicit additional contractors based upon
performance and/or availability of contractor. The Program Staff will solicit bids through an
annual procurement process. The program must review the selected bid and contractor to ensure
that a reasonable price will be paid and the selected contractor is licensed, bonded, and insured,
and able to satisfactorily complete the work. Since the rehabilitation process requires many
compromises to be made and results in personal inconveniences to the occupant, it is important
that the owner has a personal commitment to the contractor selected. The primary role of the
Program is to review the selected contractor for acceptability based on program standards and
requirements.
All work must be completed and contracted to a registered, insured, and bonded contractor. The
contractor must not be debarred from or listed on the Excluded Parties List System (EPLS),
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Federal debarment. The contractor must be an equal opportunity employer and reach out to
small, minority and women -owned subcontractors and suppliers.
The Construction Manager will determine that the bid is within the maximum approvable
loan amount, review the following items with the owner:
a. the final work list;
b. the final cost estimate;
c. instructions for soliciting bids;
d. bid/construction contract forms;
e. general conditions
f. general construction standards;
g. contractor's qualification statement forms; and
h. a compilation of bids.
2. The Construction Manager will solicit contractors annually by utilizing the MRSC Roster in
accordance with RCW 39.04.155.
LOAN PACKAGE
Responsible: Program Coordinator
This step consists of the formal loan application and the preparation of the legal loan documents.
The final loan review and approval is completed at this time.
Review the verifications, title information, household profiles, rehabilitation costs, estimate
of value, and maximum loan amount to verify the applicant's eligibility for a loan.
2. Review the loan costs (title costs, rehab costs, change order contingency amount up to 10%
of the initial rehab costs, taxes, insurance) and establish the maximum required loan amount
and completing a work list and cost estimate and a Loan Agreement (on housing rehab
loans). The actual amount distributed on a loan cannot exceed the Promissory Note amount
unless a full new loan package is prepared, a new loan review is completed, and a new loan
Promissory Note has been signed.
3. If the required loan amount and terms are not feasible within adopted program policies or
within limits, which could be recommended to the Program Director, return the bid to the
Construction Manager to make, with the assistance of the selected contractor, the necessary
work and cost reductions.
4. Compile the final documents, and review it with the Program Director. The documents
include:
a. the loan application;
b. title information;
b. verification of income; Using 24 CFR Part 5.609 method. Annual Income/WorkSheet;
d. house photographs;
e. final bid proposal;
f. compilation of bids, if applicable;
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g. after -rehab market analysis;
h. loan agreement with the final work list attached.
5. Program Director reviews all final loan packages for conformance with adopted program
policies and applicable laws and regulations and approves, revises or rejects the final
package.
6. Proceed with loan closing.
G. LOAN CLOSING
Responsible: Program Coordinator
This step is primarily a legal process, which must be completed in a careful and detailed manner.
The final loan preparation must be completed at this time, loan funds drawn down, loan closing
conducted and the rehabilitation contract awarded.
As soon as the loan is approved, schedule the loan settlement (schedule one hour to insure
that all questions can be answered) and complete the following items:
a. Order a title search to verify the ownership;
b. Prepare the loan documents -- a Disclosure Statement, a Promissory Note, Deed of
Trust , and a Notice of Opportunity to Rescind -- in conformance with final approved
loan amounts and terms; or prepare a Grant Agreement; and
c. Have the Construction Manager prepare the Schedule for Work Completion and
Progress Payment Inspection Form, if applicable.
2. On the scheduled closing date, conduct the loan closing:
a. Carefully explain and review with the owner and obtain the applicant(s)' signatures on
the Disclosure Statement, Loan Agreement, the Promissory Note, the Deed of Trust,
and the receipt of Notice of Opportunity to Rescind. Carefully explain that, if they
have concerns about the loan, they may put the loan on hold by returning the rescission
within 3 working days;
b. Provide the owner with a copy of the Disclosure Statement, Notice of Opportunity to
Rescind, Promissory Note and loan payment notification;
c. Review the status of the construction contract(s); and
3. Record the Deed of Trust upon completion of the home rehabilitation.
4. Make a copy of the following items for the file:
a. the inspection report;
b. the final work list;
c. site visit inspection forms; and
d. bid contract and Notice to Proceed.
H. CONTRACT EXECUTION AND NOTICE TO PROCEED
Responsible: Program Coordinator, Construction Manager
The requirements of the contract documents, the construction time frame and the responsibilities
of the various participants must be carefully reviewed at this stage. This review will reduce the
number of misconceptions, misunderstandings and conflicts which will occur in the construction
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process. The major concerns which must be reviewed with the contractor are the standards
which must be used in the work to qualify for a contract payment, how and when they get paid
and, how changes in the work are to be proposed and approved. The major concerns, which
must be reviewed with the owner, are the actual work to be completed, the time frame for the
work, how to prepare for and facilitate the contractor's work, and the owner's responsibility in
monitoring the work.
If the rehabilitation work includes complex code interpretations, schedule a building and
work review with the contractors, and appropriate agencies (Fire, Building, Planning, etc.).
2. As soon as the Schedule for Work Completion and Equal Opportunity Certification have
been filled out by the contractor and reviewed and approved by the owner and Construction
Manager, schedule a pre -construction conference with the contractor and the owner.
3. At the pre -construction conference, the owner, the contractor and the rehab specialist will:
a. Review the following items:
(1) The schedule for the contractor to be in the home;
(2) The contractor's access to the building;
(3) The occupancy during construction;
(4) When and what furniture needs to be moved;
(5) Storage of valuables;
(6) The selection of light fixtures, cabinets, floor coverings, paint colors and other
finish materials;
(7) The work to be completed and the construction standards;
(8) The conditions and times of loan draws and payments to the contractor;
(9) The need for permits and lien waivers; and
(10) The process for proposing and approving changes in the work.
b. Execute the Construction Contract, and attach the final work list and drawings;
c. Provide the contractor with Lien Release form;
d. Provide the owner with a copy of the Construction Contract.
4. Take photographs of the before rehab building conditions.
5. Make copies of the Schedule for Work Completion, the Bid/Contract and the Notice to
Proceed for the working files.
I. REHABILITATION WORK
Responsible: Contractor, Program Construction Manager
During this step, the primary responsibility of the Program Staff is to assure that the contracted
work has been performed according to the contract documents before loan draws are approved.
In addition, the Program Staff provides technical advice as needed by the owner or contractor.
To successfully resolve disputes between the owner and contractor, it is essential for the staff to
maintain the position of an objective third party who is utilizing the written contract documents
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to interpret the work requirements and standards. The Program Staff will become ineffective if
he/she becomes the personal advocate for the owner or contractor. The contract is between the
owner and contractor. The public program must assure that the funds are being properly utilized
to pay for the contracted work which has been performed to the program standards.
Provide advisory inspections to the owner and contractor on an as -needed basis. Fill -out a
site visit form unless the Schedule for Work Completion is being completed.
2. To process loan draws, the Construction Manager must:
a. Review the contractor's or supplier's invoice. The invoice should list his/her name and
address, the address of the rehabilitation project, the amount of work completed or
supplies provided, as of a specified date, and the amount of payment requested;
b. Inspect the work using the Work List which were prepared and approved before the
work began to verify the amount of work completed and the amount of the eligible
progress payment;
c. Verify that all required permits have been obtained before the first payment is
approved, and verify that only the final permit inspection remains before the 80% draw
is approved and 10% retention at all times until completion and satisfaction of Lien
Release;
d. Take photographs of the work in progress; and
e. Sign the appropriate inspection approval form and submit the draw request to the
finance department for payment approval as soon as the above conditions have been
satisfied.
3. To process a loan draw, the Program Coordinator must:
a. Verify that the Construction Manager has approved the draw for Work Completion;
b. Verify that the appropriate invoices have been received and adequate loan funds are
available; and
c. Before approving the first draw, verify that the Deed of Trust has been signed, and
adequate insurance is in place.
4. Have all loan draw checks made out to the borrower and supplier or contractor and attach
check stub to voucher for the loan file. Enter each draw on the checklist and wall chart.
5. Review all proposed changes in the Construction Contract and Work List. All changes must
be in writing or an approved Change Order form. The rehab specialist must review and
approve each change order for the appropriateness of the work and costs. All changes must
be processed by written Contract Change Order. Changes which would result in total loan
disbursements exceeding the Promissory Note amount cannot be approve unless a full new
loan package is prepared and the property owner signs a new Promissory Note and
Disclosure Statement for the revised loan amount.
6. On final inspection, complete an inspection if any work remains to be completed or
corrections are needed. When all work has been satisfactorily completed, fill out the Final
Inspection form . In completing the final inspection, review the original inspection report to
determine that all health and safety hazards have been eliminated, review the Construction
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Contract/Work List to determine that all contracted work has been completed and obtain
copies of all permits, showing final approval by the appropriate inspector and owner. Take
photographs of the completed project.
7. Review the contractor's final invoice, the complete the Lien Release. Submit the Final
Inspection form with the completed invoice to the finance department for processing the
final payment.
J. LOAN CLOSEOUT
Responsible: Program Coordinator
This is the clean-up step. The final accounting of loan funds and the owner's evaluation of the
program are the major items to be completed.
After all rehabilitation work has been completed and approved, review the final inspection
report(s), the contractor supplied and executed Lien Release.
2. Process the final draw of loan funds.
3. Unutilized loan funds shall be shown as a reduction in the outstanding principal amount of
the loan.
4. Review the loan file to insure that all final documents have been obtained:
a. the final inspection report;
b. change orders;
c. signed off permits;
d. lien waivers; and
the original executed Promissory Note and recorded Deed of Trust.
K. WALKAWAY POLICY
Responsible: Program Director, Program Coordinator, Construction Manager
Providing Rehabilitation Services in a safe and effective manner, without undue hazards to
household members, our staff, or contractors is the focus of creating the following "Walk Away
Procedures for Rehab Jobs".
The following components may affect the completion of Rehab Services on your dwelling.
• Structural conditions
• Health and safety conditions
• Miscellaneous conditions
Structural Conditions
• Major foundation repair or replacement
• Major plumbing repairs
• Extensive door or window replacement
• Major electrical repairs
1. Knob and tube replacement
2. Breaker panel replacement
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Major framing repairs
Broken roof trusses
Major repairs to ceilings, floors, walls
Health and Safety
Health and Safety issues are interrelated to structural issues on many occasions. The following
list represents several of those conditions that have been noted in the past. The list by no means
represents all unsafe conditions.
• Rodent infestation (mice, rats, skunks, raccoons etc.).
• Insect infestation (termites, roaches, hornets, etc.).
• Dangerous animals
Unsanitary living conditions
• Water and/or sewage backup (broken, disconnected pipes, poor drainage, etc.).
• Unsafe storage of flammable or other dangerous materials (gasoline, propane, garbage,
etc.).
• Carbon monoxide from heating sources or appliances that cannot be replaced.
• Debris or odors left behind as a result of animals and/or humans.
• Un-vented combustion space heaters and/or appliances.
• Excessive mold
• High level of asbestos
Miscellaneous
Every circumstance that justifies walking away cannot always be defined. The following list
identifies several of those conditions. This list by no means represents all conditions that may
warrant Housing Kitsap to deny applicant of services.
• Owners attempting to use the program solely for improvement purposes.
• Owner has not authorized rehabilitation of property.
• Structure is scheduled for demolition or removal from property.
• Structure is unfit for human habitation.
• Structure is for sale.
• Illegal activities or the suspicion of illegal activities including Illegal drugs, the use, sale,
or manufacturing of.
• Property is currently vacant.
• Inaccessibility or inadequate access.
• Inappropriate storage (attic or crawl spaces being utilized for storage).
• Cost of repairs is beyond scope of Rehabilitation program funding.
• Domestic issues and/or the use/threat of violent or abusive behavior.
• Not located within Housing Kitsap's service territory.
Guidelines For Notification
In many situations all that may be needed is for the applicant/owner to have ample time to
correct
the deficiencies that have been identified by the Construction Manager. With that in
perspective, the following steps have been identified to help assist the parties involved with the
completion of rehabilitation services. This process will be identified as "Delay of Service
Notification".
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1. Hazard(s) or condition(s) may be identified by any of the following individuals or agencies;
Energy Technician, Contractor, Property Owner, Utility Representative, or other
governmental agencies. Pictures (optional) and field notes will be placed in the job file for
further documentation or hazard(s).
2. Housing Kitsap will notify the property owner and or occupants involved of the hazard or
situation that requires the necessity to issue the "Delay of Service Notification".
• All parties involved will be notified.
• This will include verbal confirmation and written at the time of property evaluation to all
parties involved.
L. LIMITED WARRANTY
Responsible: Construction Manager
The Contractor hereby guarantees the Owner the construction performed on that certain
structure to be free from defects in material and workmanship for a period of one year from the
date of commencement of use, substantial completion or date of notice of completion, whichever
is the first to occur:
This Limited Warranty applies and is limited as follows:
1. To the property only as long as it remains in the possession of the original Owner named
Above.
2. To the construction work that has not been subject to accident, misuse or abuse.
3. This Limited Warranty only applies to the workmanship and materials supplied and
performed by this contractor.
4. To the construction work that has not been modified, altered, defaced, or had repairs made
or
attempted by others.
5. That Contractor be immediately notified in writing within ten (10) days of first knowledge
of
defect by owner or his agent.
6. That Contractor shall be given first opportunity to make any repairs, replacements or
corrections to the defective construction at no cost to owner within a reasonable period of
time.
7. Under no circumstances shall contractor be liable by virtue of this warranty or otherwise for
damage to any person or property whatsoever for any special, indirect, secondary or
consequential damages of any nature however arising out of the use or inability to use
because of the construction defect.
M. LOAN PORTFOLIO MANAGEMENT
Responsible: Program Coordinator
I. Annual Loan Portfolio Review
a) Follow "CDBG Borrower Verification Process" flowchart, including:
• Review of loan terms and conditions
• Review of Assessor's parcel search website
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• Review of Auditor's Public Records
• Verification of taxpayer mailing address
• Review of utilities records for site address
b) Determine outcomes of Annual Loan Portfolio review
Loan is Valid
• Continue deferment
2. Borrower Default
• Loan has expired, request write-off
3. Property Transfer or Change in Use — Loan due in full
• Send Letter notification that loan is due in full
• Borrower pays off loan via 1) Lump Sum or 2) Payment Plan
• Consider foreclosure proceedings or collection agency if no response or cannot repay
II. Loan Modification Policy and Procedures for Defaulted Loans
a. Housing Kitsap will consider loan modification to extend deferment period for loans or to
establish a payment plan for borrowers who 1) reside full-time in the home for which the
loan was provided, and 2) qualify at 80% of area median income or less (based on HUD
guidelines) at the time modification is requested.
b. Housing Kitsap will consider loan modification to establish a payment plan for loans for
borrowers who 1) reside full-time in the home for which the loan was provided, and 2) earn
in excess of 80% of area median income (based on HUD guidelines) at the time
modification is requested.
III. Steps for Loan Modification
a. Continued Deferment:
• Staff revises Promissory Note and Deed of Trust to reflect additional years of deferment
• Additional deferment years are determined on a case by case basis
• Borrower must agree to the changes and sign revised documents
• Borrower must agree to pay the cost of recording and reconveyance fees for the revision,
either as cash or as an addition to the loan amount owed
• Staff records revised Deed of Trust
• Staff requests reconveyance on old Deed of Trust
b. Payment Plan:
• Staff works with borrower to set up a payment plan acceptable to both parties
• Staff revises Promissory Note and Deed of Trust to reflect years of deferment equal to the
length of the payment plan
• Promissory Note to include terms of Payment Plan
• Borrower must agree to the changes and sign revised documents
• Borrower must agree to pay the cost of recording and reconveyance fees for the revision,
either as cash or as an addition to the loan amount owed
• Staff records revised Deed of Trust
• Staff requests reconveyance on old Deed of Trust
30
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Housing Kitsap issues an annual statement to borrower of amount owed after payments
are applied
If Borrower does not adhere to payment plan, loan defaults and Housing Kitsap may
begin foreclosure proceedings
IV. Policy and procedures for loan forgiveness and write-off
a. Loan Forgiveness
• Applicable to loans that are 20 years or more and/or past recoverable period (statute of
limitations)
• Must be approved via Board action
• When applicable, staff will present loans for forgiveness annually for Board action to
forgive the loan(s), if any
• Adjust Portfolio assets for financial reporting
• Staff initiates reconveyance of title or Quit Claim Deed, collect reconveyance fee from
Borrower when possible
b. Loan Write-off
• Applicable to defaulted loans
• Staff will provide summary of defaulted loans (if any) to finance in end of year reporting
• Adjust Portfolio assets for financial reporting
• Loans that meet the 20 year obligations convert to grants and write off loans
c. Year-end report of accurate loan portfolio assets to finance
• Listing of loans outstanding
• Detail of payoffs, defaults, and forgiveness
• Summary of activity and balances at 12/31
N. SUBORDINATION OF LOANS
Responsible: Program Coordinator and Program Director
The Home Rehabilitation Program may allow a debt which has priority, to take second position
behind another debt under the following conditions:
• This loan is a rate reduction, no cash back to Borrower; Housing Kitsap will allow
reasonable closing costs as provided in HUD-1
• Review Good Faith Estimate and HUD-1 Settlement Statement prior to closing and a
copy of the final HUD I Settlement Statement provided to this office upon closing
• Lender to prepare subordination agreement
• Copy of recorded subordination agreement
• Copies of pay stubs, current tax return, and award letters of all household members
• Housing Kitsap listed as second mortgagee with Homeowners Insurance
O. LOAN MODIFICATION
Responsible: Program Coordinator and Program Director
The Home Rehabilitation Program may modify loans terms and conditions to facilitate transfer
of ownership to family member if they meet the loan criteria for low income eligiblity
requirements.
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Left intentially blank.
32
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CIDBIG Boyro er
Search Parcel No, on Kitsap Count
Assessor's Parcel Search websRe
Verify Borrow
Is Taxpayer
Bo rows Is
listed as
Taxpayer? No
Yes
Taxpayer No
madmg
address Is
Site Address?
Yes
has loan expired?
No
Yes
Loan Forgiveness
Consider CDBG and HK BoaM
Approval for Grant
Cpnverslan
Is Mailing No
Address a —
PO Boz?
Yes
Verify Borrower's
Name with Utilities
(PSE)
Yes Are Miles
n No
Borrrowers
Name
Has loan expired?:Ve�
n is
lid
Yes
d Ilen through
,Spay or HK
Loan Forgiveness
Consider Submission to
CDBG and HK Board for
Grant Converdon Approval
Parcel No. on
Property Transfer or Change of Use
Send letter to mailing address on Tax statement
notifying Borrowefs/Property owners loan is due In
full and make payment arrangements
Response No
Received?
Yes
Does Property
Can Borrower or No Owner qualify No Arrange for Payment Borrower Defaults
Property Owner for continued Schedule and NONfy Finance send to CDBG and HK Board for
pay the loan? loan Write OB Approval and send to
defermi
Yes Yes
Are payments No
Loan is valid Loan is valid made
Quids notice to Flnance Begin loan madificahon for according to
n payment Is expected to nrinued deferm ---- - -
33
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071
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of February 8, 2022
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 Lucarelli
Councilmember Chang
Councilmember Clauson
Councilmember Cucciardi
Councilmember Diener
Councilmember Trenary
Councilmember Rosapepe
Mayor Putaansuu
Absent
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Public Works Director Dorsey, Utilities Manager J. Brown, Police
Chief M. Brown, Community Development Director Bond, City Attorney Archer, City Clerk Wallace
and Deputy City Clerk Floyd.
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Trenary, seconded by Councilmember Cucciardi, to add the excusal of
Councilmember Lucarelli for personal reasons.
The motion carried.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to approve the
agenda as amended.
The motion carried.
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There were no citizen comments.
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Minutes of February 8, 2022
Paee 2 of 5
4. CONSENT AGENDA
A. Approval of Voucher Nos. 83520 through 83543 and 83551 through 83583 including bank drafts
in the amount of $249,069.19 and EFT's in the amount of $580,091.51 totaling $829,160.70.
B. Approval of Payroll Check Nos. 83544 through 83550 including bank drafts and EFT's in the
amount of $213,201.98 and Direct Deposits in the amount of $202,818.10 totaling $416,020.08.
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing
Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City
(Ordinance No. 003-22)
D. Adoption of a Resolution Authorizing the Purchase of a Vermeer BC-1000XL Woodchipper via DES
Contract No. 05218 (Resolution No. 018-22)
E. Approval of Amendment No. 1 to Contract No. 026-21 with Transportation Solutions for Third
Party Transportation Concurrency Review, Reimbursed by Developer Fees
F. Approval of Amendment No. 1 to Contract No. 028-21 with Transportation Solutions for On Call
Transportation/Traffic Engineering Services
G. Approval of the January 18, 2022, City Council Work Study Session Meeting Minutes
H. Approval of the January 25, 2022, City Council Meeting Minutes
I. New: Excusal of Councilmember Lucarelli from Tonight's Meeting for Personal Reasons
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
consent agenda as amended.
The motion carried.
S. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
A. Petition to Vacate City Right-of-way, the Southern Portion of Opened Bay Street — Request to
Strike
City Clerk Wallace explained on January 11, 2022, Council adopted Resolution No. 009-22, setting a
public hearing tonight for a petition to vacate City right-of-way.
When preparing for the notices for the hearing, it was discovered that due to a calculation error
there was an insufficient amount of time for staff to prepare the noticing and posting to meet the
requirements of the Port Orchard Municipal Code, which requires public notice of the hearing no
less than 20 days in advance of the hearing.
Later on tonight's agenda for the City Council's consideration is a resolution re -setting the public
hearing for March 8, 2022. Staff is asking the Council not to hold this public hearing this evening.
Mayor Putaansuu noted we will not be holding this public hearing this evening.
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Minutes of February 8, 2022
PaRe3of5
B. City of Port Orchard's 2020 Water System Plan (2022 Adoption)
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 6:39 p.m.
7. BUSINESS ITEMS
A. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right-
of-way, the Southern Portion of Opened Bay Street
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt a resolution re-
setting a Public Hearing for March 8, 2022, at 6:30 PM, on a petition from Walter and Roberta Huth
Trustees to vacate a portion of opened right-of-way, Bay Street.
The motion carried.
(Resolution No. 020-22)
B. Adoption of an Ordinance Adopting the 2020 Water System Plan (2022 Adoption)
MOTION: By Councilmember Diener seconded by Councilmember Chang, to adopt an ordinance
adopting the 2020 Water System Plan.
The motion carried.
(Ordinance No. 005-22)
C. Adoption of a Resolution Adopting the Port Orchard Parks, Recreation and Open Space (PROS)
Plan Dated January 31, 2022
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution
adopting the 2022 Port Orchard Parks, Recreation, and Open Space Plan as presented.
Councilmember Clauson noted there are a couple things he had previously mentioned that he would
like changed. For example, Kitsap County is still listed as providing the South Kitsap Western Little
League. This should be the City of Port Orchard.
The motion carried.
(Resolution No. 021-22)
D. Approval of a Contract with Serotonin LLC for Public Relations, Marketing, and
Communications Consultant
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve a contract
with Serotonin, LLC for Public Relations, Marketing and Communications Consultant.
The motion carried.
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Minutes of February 8, 2022
Paae 4 of 5
(Contract No. 036-22)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
City Attorney Archer, Kitsap County Parks Director Alex Wisniewski, Kitsap County Director of Human
Services Doug Washburn, Anton Preisinger with Northwest Hospitality, Mayor, Council and staff
spoke to the ongoing issues, conditions, and future steps at the park which included garbage and
refuse, garbage services, dumpsters, property ownership at SE Mile Hill Drive, portable toilets and
damage, volunteers who help clean the park, health and safety concerns, fire hazards, Kitsap County
Parks Coordinator position, RV situation, Housing Solutions outreach team, Boise versus Martin
decision, services offered to the unhoused, available shelter beds, mental illness and disabilities of
the unhoused, working together to find a way to solve this issue, and requesting the County
Commissioners attend these discussions.
Council Direction: No direction was given to staff.
9. REPORTS OF COUNCIL COMMITTEES
Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to
meet February 14tn. The Utilities Committee is scheduled to meet February 16tn. The Finance
Committee is scheduled to meet February 15tn. The Transportation Committee is scheduled to meet
February 22" d. The Festival of Chimes and Lights is scheduled to meet February 22" d and the Land
Use Committee is scheduled to meet February 16tn
Councilmember Cucciardi spoke to working with staff on scheduling a meeting for the Lodging Tax
Advisory Committee.
A brief discussion was held regarding topics for the Council Retreat scheduled for March 11tn
10. REPORT OF MAYOR
The Mayor reported on the following:
• State's transportation package.
In response to Mayor Putaansuu, Councilmember Clauson spoke to transportation funds received by
Kitsap Transit.
• In accordance with Ordinance No. 008-20, he reported on the revised job description for the
Human Resources Manager
11. REPORT OF DEPARTMENT HEADS
Police Chief Brown reported on new officers and the police academy.
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Minutes of February 8, 2022
Page 5 of 5
Community Development Director Bond reported on an email sent to Council asking for agenda
topics to discuss during the Land Use and Economic Development and Tourism Committee meetings.
Mayor Putaansuu reported the contracts with Kitsap Homes of Compassion and Housing Kitsap are
processing and he hopes to have them before Council at the end of the month. Also, discussed a
meeting regarding the complete streets project grant.
Public Works Director Dorsey reported on the splash pad and McCormick Village Park and the Bay
Street Pedestrian Path west situational study.
12. CITIZEN COMMENTS
Robert McGee spoke to the Washington Building Council and their proposals on the commercial
energy code, and voiced concerns with those proposals and policies.
Heidi Fenton voiced concerns with City Council meetings not being held in person and still being held
remotely.
13. GOOD OF THE ORDER
Councilmember Rosapepe spoke about the McCormick Village Park and splash pad, and how it was
great to see people using that park.
Councilmember Clauson spoke to funding for public transit and increased funding, and revenue
opportunities. He asked if City Attorney Archer could look at the proposed transportation funding
package and share her opinion on how the package might benefit the City if approved.
14. EXECUTIVE SESSION
There was no executive session.
15. ADJOURNMENT
The meeting adjourned at 8:07 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
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