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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 1li�Z�]:i���lY��1�LL�7L���]►�iI�4��1�� KIN.14Ze]Ci0]2u1_\Ye] 1 liwoIII III t"Z[4101AlIAitAZk&i (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. Page 25 of 221 Back to Agenda 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. Page 26 of 221 Back to Agenda 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. Page 27 of 221 Back to Agenda 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: Page 28 of 221 Back to Agenda 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. ► C- Page 29 of 221 Back to Agenda 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 KC - Page 30 of 221 2 Back to Agenda 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. KC - Page 31 of 221 Back to Agenda (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. ► C- Page 32 of 221 Back to Agenda 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. ► C- Page 33 of 221 Back to Agenda 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 ► C- Page 34 of 221 Back to Agenda 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: ► C- Page 35 of 221 Back to Agenda (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. KC - Page 36 of 221 Back to Agenda 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 KC - Page 37 of 221 Back to Agenda 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 KC- 10 Page 38 of 221 Back to Agenda 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. KC- I I Page 39 of 221 Back to Agenda (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: KC- Page 40 of 221 12 Back to Agenda • 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. KC- Page 41 of 221 13 Back to Agenda 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. KC- Page 42 of 221 14 Back to Agenda 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: KC- Page 43 of 221 15 Back to Agenda (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. KC- Page 44 of 221 16 Back to Agenda 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 KC- 17 Page 45 of 221 Back to Agenda 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 ► C- 18 Page 46 of 221 Back to Agenda 12. Close -Out 13. Venue and Choice of Law 14. Severability Clause 15. Integrated Document KC- Page 47 of 221 19 Back to Agenda 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 KC- Page 48 of 221 20 Back to Agenda 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 ► C- Page 49 of 221 21 Back to Agenda 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 ► C- Page 50 of 221 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 Back to Agenda 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. Page 51 of 221 Back to Agenda 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. Page 52 of 221 Back to Agenda 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 Page 53 of 221 Back to Agenda 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 Page 54 of 221 Back to Agenda 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 Page 55 of 221 Back to Agenda 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 Page 56 of 221 Back to Agenda 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 Page 57 of 221 Back to Agenda 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: Page 58 of 221 Back to Agenda 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 Back to Agenda 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 Page 60 of 221 Back to Agenda 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 Page 61 of 221 Back to Agenda 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 Page 62 of 221 Back to Agenda 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� �h 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 Back to Agenda 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). Page 64 of 221 Back to Agenda 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: Page 65 of 221 Back to Agenda 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 Page 66 of 221 Back to Agenda 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 1 of 11 Page 67 of 221 Back to Agenda 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 Page 68 of 221 Back to Agenda 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 3of11 Page 69 of 221 Back to Agenda 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 4of11 Page 70 of 221 Back to Agenda 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 City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U:\9_Sewer Utility\C_Plans&Studies\ComprehensivePlan Updates\2022 - 2023 GSP Update\Contract\3 Contract_2022 -2023 GSP Update.docx 5ofII Page 71 of 221 Back to Agenda 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. City of Port Orchard and Murraysmith, 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 6ofII Page 72 of 221 Back to Agenda 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. City of Port Orchard and Murraysmith, 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\Contrac[\3_Contract_ 2022 - 2023 GSP Update. docx 7ofII Page 73 of 221 Back to Agenda 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U:\9_Sewer Utility\C_Plans&Studies\ComprehensivePlan Updates\2022 - 2023 GSP Update\Contract\3_Contract_ 2022 - 2023 GSP Update docx 8of11 Page 74 of 221 Back to Agenda 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. City of Port Orchard and Murraysmith, 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.doex 9of11 Page 75 of 221 Back to Agenda 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 On Call Professional Service Agreement Contract CO29-22 Rev 12.14.2021 U:\9_Sewer Utility\C_Plans&Studies\ComprehensivePimUpdates\2022 - 2023 GSP Update\Contract\3 Contract_ 2022 - 2023 GSP Update docx 10of11 Page 76 of 221 Back to Agenda 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). City of Port Orchard and Murraysmith, 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 11 of 11 Page 77 of 221 Back to Agenda 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 City of Port Orchard 2/7/2022 MURRAYSMITH 2O23 General Sewer Plan Update 1 Page 78 of 221 Back to Agenda ■ 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 2 Page 79 of 221 Back to Agenda 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 3 Page 80 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 4 Page 81 of 221 Back to Agenda 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 5 Page 82 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 6 Page 83 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 7 Page 84 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 8 Page 85 of 221 Back to Agenda ■ 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 9 Page 86 of 221 Back to Agenda ■ 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 10 Page 87 of 221 Back to Agenda 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 11 Page 88 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 12 Page 89 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2023 General Sewer Plan Update 2/7/2022 13 Page 90 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 14 Page 91 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 15 Page 92 of 221 Back to Agenda 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 16 Page 93 of 221 Back to Agenda 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. City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 17 Page 94 of 221 Back to Agenda • 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 18 Page 95 of 221 Back to Agenda 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 City of Port Orchard MURRAYSMITH 2O23 General Sewer Plan Update 2/7/2022 19 Page 96 of 221 Back to Agenda von ........... ......... .......... .... .......... ........ .... . i--.. Page 97 of 221 Back to Agenda ;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 Page 98 of 221 Back to Agenda 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 Page 99 of 221 Back to Agenda 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 Page 100 of 221 Back to Agenda 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 Back to Agenda :-""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 Page 102 of 221 Back to Agenda 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 Page 103 of 221 Back to Agenda 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 Page 105 of 221 Back to Agenda 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 Back to Agenda 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 Page 107 of 221 Back to Agenda 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 Page 108 of 221 Back to Agenda 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 Page 109 of 221 Back to Agenda 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 Page 110 of 221 Back to Agenda 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 Page 111 of 221 Back to Agenda 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 Page 112 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 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 Page 113 of 221 Back to Agenda 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 Page 114 of 221 Back to Agenda 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 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 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 3 PUGET SOUND SINCLAIR INLET 16 0 a Uj c� p ti J � } y � ri SW OLD CLIFTON RD s SITE } W 0 WOODS 0 v VICINITY MAP 1" = 4,000' SITE INDEX 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 fly R SPR9 �v� OF Wggxt��rj� �'..p 41�299 ss ?t sTE4'•'� I J� L L A�9 "0000" CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 116 of 221 Backto Agenda 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 �v� OF Wggxt��rj� �'..p 41�299 `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 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 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda [Remainder of page intentionally left blank] PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale — Master Form Page 130 of 221 Back to Agenda 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 Back to Agenda 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 Back to Agenda + + 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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 Back to Agenda Page 141 of 221 Back to Agenda 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 Back to Agenda 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. 1 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX Page 152 of 221 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX Page 153 of 221 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX Page 154 of 221 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! 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX Page 155 of 221 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6-SOW-PHASE 3-MARINA PS FINAL DESIGN.DOCX Page 156 of 221 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6-SOW-PHASE 3-MARINA PS FINAL DESIGN.DOCX Page 157 of 221 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 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX Page 158 of 221 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 2/9/2022 9:28:13 AM 1:\DATA\PO\118-116\CONTRACT\AMEND NO. 6\AMEND_NO. 6_SOW_PHASE 3MARINA PS FINAL DESIGN.DOCX 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 J:\Data\PO\718-116\Contract\Amend No. 6\Amend_No. 6_FEE _Phase 3_Marina PS Final Design 2 9 2022 926 AM Back to Agenda 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 Back to Agenda ;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 Back to Agenda 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 Back to Agenda 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 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 3 of 10 Page 167 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 4 of 10 Page 168 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 5 of 10 Page 169 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 6 of 10 Page 170 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 7 of 10 Page 171 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 8 of 10 Page 172 of 221 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 9 of 10 Page 173 of 221 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 10 of 10 Page 174 of 221 Back to Agenda ;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. Page 175 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 1 of 8 Page 176 of 221 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 2 of 8 Page 177 of 221 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 3 of 8 Page 178 of 221 Back to Agenda 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 AFFORDABLE HOUSING SERVICES AGREEMENT Page 4 of 8 Page 179 of 221 Back to Agenda 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. AFFORDABLE HOUSING SERVICES AGREEMENT Page 5 of 8 Page 180 of 221 Back to Agenda 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 Page 181 of 221 Back to Agenda 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 Page 182 of 221 Back to Agenda 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 Page 183 of 221 Back to Agenda HOUSING KITSAP HOME REHABILITATION PROGRAM PLAN AND OPERATIONS MANUAL (Revised Dec 2021) Page 184 of 221 Back to Agenda 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 Page 1$5 of 221 11 Back to Agenda 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 Page 186 of 221 Back to Agenda 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. 4 Page 187 of 221 Back to Agenda 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. 5 Page 188 of 221 Back to Agenda 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 Page 189 of 221 Back to Agenda 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. 7 Page 190 of 221 Back to Agenda 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. Page 191 of 221 Back to Agenda 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: I Page 192 of 221 leack to Agenda 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. 10 Page 193 of 221 Back to Agenda 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 11 Page 194 of 221 Back to Agenda 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 12 Page 195 of 221 Back to Agenda 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. 13 Page 196 of 221 Back to Agenda 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 Page 197 of 221 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 Back to Agenda 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; 15 Page 198 of 221 Back to Agenda 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 16 Page 199 of 221 Back to Agenda 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 17 Page 200 of 221 Back to Agenda 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 Page 201 of 221 Back to Agenda 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 19 Page 202 of 221 Back to Agenda 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 20 Page 203 of 221 Back to Agenda (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. 21 Page 204 of 221 hilack to Agenda 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), 22 Page 205 of 221 leack to Agenda 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; 23 Page 206 of 221 Back to Agenda 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 24 Page 207 of 221 leack to Agenda 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 25 Page 208 of 221 leack to Agenda 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 26 Page 209 of 221 black to Agenda 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 27 Page 210 of 221 Back to Agenda 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". Page 211 of 221 spack to Agenda 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 29 Page 212 of 221 Back to Agenda • 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 Page 213 of 221 Back to Agenda 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. 31 Page 214 of 221 Back to Agenda Left intentially blank. 32 Page 215 of 221 Back to Agenda 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 Page 216 of 221 071 Back to Agenda 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. K311111111[s]111t"►F-SK91IVAIkvA14►111&1 There were no citizen comments. Page 217 of 221 Back to Agenda 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. Page 218 of 221 Back to Agenda 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. Page 219 of 221 Back to Agenda 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. Page 220 of 221 Back to Agenda 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 Page 221 of 221