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05/24/2022 - Regular - Packet
City of Port Orchard Council Meeting Agenda May 24, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City’s YouTube channel. Remote access Link: https://us02web.zoom.us/J/88121861717 Zoom Webinar ID: 881 2186 1717 Zoom Call-In: 1 253 215 8782 Guiding Principles •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. Please keep your comments respectful and no personal attacks. This is a comment period and not a question-and-answer session. 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.Approval of a Memorandum of Understanding with the City of Bremerton to Share Municipal Stormwater Data (Dorsey) Page 4 D.Approval of an Interlocal Agreement with Kitsap County for Participation in the West Sound Stormwater Outreach Group (ILA KC-292-22) (Dorsey) Page 7 E.Approval of Amendment No. 2 to Contract No. 028-21 with Transportation Solutions Inc. for On-Call Transportation/Traffic Engineering Services (Dorsey) Page 18 F.Approval of the May 10, 2022, City Council Meeting Minutes Page 36 Mayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary E/D & Tourism Committee, Chair 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 Rosapepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRC Transpol-alt, KRCC Transpol 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, Chair Kitsap Economic Development Alliance Scott Diener, Chair 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, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. May 24, 2022, Meeting Agenda Page 2 of 3 5.PRESENTATION 6.PUBLIC HEARING A.Ordinance Amending Port Orchard Municipal Code Chapter 20.182 for Consistency with the Interlocal Agreement with South Kitsap School District and Updating the Park Impact Fee Rate Schedule (Bond) Page 44 7.EXECUTIVE SESSION Pursuant to RCW 42.30.110(1)(I), the City Council will hold an executive session to discuss legal risks of a proposed action with legal counsel for the agenda. The session duration will be announced prior to the executive session. 8.BUSINESS ITEMS A.Adoption of an Ordinance Recognizing Juneteenth as a Holiday and Amending Port Orchard Municipal Code Section 10.12.010 Definitions, “Holidays” (Wallace) Page 86 B.Adoption of an Ordinance Establishing a $10,000 Recruitment Incentive for Lateral Peace Officers (Lund) Page 89 C.Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 2 (Bond) Page 93 D.Approval of a Purchase with CDW-G for Equipment, Installation and Configuration of a New Server (Crocker) Page 137 E.Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for the 2022 Road Striping Project (Dorsey) Page 155 F.Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 1 (Bond) Page 196 G.Adoption of a Resolution Granting Final Plat Approval for Geiger Final Plat (Bond) Page 223 H.Adoption of a Resolution Approving a Contract with Central Paving, LLC for the 2022 City-Wide Asphalt Repair Project (Dorsey) Page 246 I.Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design (Dorsey) Page 280 J.Adoption of a Resolution Approving a Contract for the Lippert Road Repair and Sidewalk Retrofit Project (Dorsey) Page 314 9.DISCUSSION ITEMS (No Action to be Taken) A.Continued: Veterans Park 10.REPORTS OF COUNCIL COMMITTEES 11.REPORT OF MAYOR 12.REPORT OF DEPARTMENT HEADS 13.CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 14.EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15.CITY COUNCIL GOOD OF THE ORDER 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. May 24, 2022, Meeting Agenda Page 3 of 3 16.ADJOURNMENT Economic Development and Tourism June 20, 2022; 9:30am – 3rd Monday of each month Remote Access Utilities TBD; 2022 Remote Access Finance June 21, 2022; 5:00pm – 3rd Tuesday of each month Remote Access Transportation June 28, 2022; 4:30pm; 4th Tuesday of each month Remote Access Festival of Chimes & Lights TBD, 2022; 3:30pm Remote Access Land Use June 15, 2022; 4:30pm Remote Access Lodging Tax Advisory TBD; 2021 Remote Access Sewer Advisory August 17, 2022; 6:30pm SKWRF* Outside Agency Committees Varies Varies *South Kitsap Reclamation Facility, 1165 Beach Drive Port Orchard City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The cities of Bremerton and Port Orchard are both National Pollutant Discharge Elimination System (NPDES) Phase II Municipal permittees, subject to the permit program’s requirements for regulating the discharge of pollutants to waters of the United States. One requirement of the NPDES Permit is for each permittee to maintain an inventory of all known stormwater Municipal Separate Storm Sewer System (MS4) features within its permitted jurisdiction. In addition, each permittee must maintain an inventory of all known connections between the MS4 and other municipalities or public entities. The intent of the Memorandum of Understanding with the City of Bremerton is to allow both municipalities to share mapping data with each other in order to maintain permit compliance and improve mutual understanding of each MS4, where they connect or intermingle. The MOU would allow the City to effectively and efficiently meet its inventory obligations under the City’s Phase II NPDES Permit. Recommendation: Staff recommends the Council authorize the Mayor to sign the MOU with the City of Bremerton regarding Public Safety Records Management Software. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to execute an MOU with the City of Bremerton for the sharing of stormwater data. Fiscal Impact: There are no anticipated fiscal impacts. Alternatives: Do no approve the MOU and provide alternative guidance. Attachments: MOU with City of Bremerton. Page 4 of 317 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE CITY OF BREMERTON PURPOSE AND PARTIES This Memorandum of Understanding (MOU) is made and entered into by and between City of Port Orchard (Port Orchard) and the City of Bremerton (Bremerton) to memorialize each parties’ intent to cooperate with the other in order to comply with the mapping requirements of the 2019 Western Washington NPDES Phase II Municipal Stormwater Permit (Permit). RECITALS A. WHEREAS, both Port Orchard and Bremerton are “Permittees” under the Permit and are required to develop and update maps containing the identified information contained in Section S5.C(4)(a) of the Permit relative to Municipal Separate Stormwater Sewer System (MS4) Mapping and Documentation; B. WHEREAS, Section S5.C(4)(a)(vi) requires Permittees to map “connections between the Municipal Separate Storm Sewer System (MS4) owned or operated by the Permittee and other municipalities or public entities;” C. WHEREAS, Section S5.C(4)(e) requires that Permittees “upon request, and to the extent appropriate… provide mapping information to federally-recognized Indian Tribes, municipalities, and other Permittees.” This Section also does not preclude Permittees from recovering reasonable costs associated with fulfilling the mapping information request; D. WHEREAS, Section S5A(5)(a) requires Permittees to coordinate with Permittees in adjoining or shared areas relative to Illicit Discharge Detection and Elimination; E. WHEREAS, mutual benefits will accrue to the parties when collaborating and sharing data required under the Permit; and NOW THEREFORE, both Cities wish to cooperate in providing the mapping information as follows: AGREEMENT 1. The departments of public works for each party shall collaborate and share data relating to stormwater connections across jurisdictional boundaries, as well as any other mapping information necessary under the Permit. This data will be shared at least once a year. 2. When necessary, at mutually agreeable times and locations, personnel from each department of public works shall meet to discuss the mapping information and any changes. 3. Each party shall bear their own costs associated with developing the mapping information or producing the information to the other party, and shall share such Page 5 of 317 information without costs to the other party. 4.Each party acknowledges that the mapping information exchanged pursuant to this Agreement is not certified, survey-grade mapping information. Each party shall work diligently and in good faith to provide accurate information, and shall have no claim or right of indemnification against the other for the accuracy of the information provided. 5.To clarify roles and responsibilities, the jurisdiction where a discharge occurs will inform the other jurisdiction of any spills or illicit discharges into the neighboring jurisdiction. 6.Each party agrees stormwater management activities won’t conflict with regional plans, policies or regulations. 7.The point of contact for Port Orchard shall be the Stormwater Program Manager a nd the point of contact for Bremerton shall be the Stormwater Permit Coordinator. 8.This Memorandum of Understanding (MOU) will remain in force and effect until July 31, 2024, which is the expiration of the 2019 Permit, unless revoked or otherwise amended by the parties. Either party may terminate this agreement by providing thirty (30) days written notice to the non-terminating party. The term of the MOU may be extended by agreement of the parties. CITY OF BREMERTON CITY OF PORT ORCHARD Approved this day of , 2022 Approved this day of , 2022 Greg Wheeler Robert Putaansuu Mayor Mayor City of Bremerton City of Port Orchard Page 6 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: Kitsap County and the Cities of Bremerton, Gig Harbor, Poulsbo, Port Angeles, Bainbridge Island, and Port Orchard have previously participated in a collaborative Interlocal Agreement for the Public Education and Outreach (E&O) components of these agencies National Pollutant Discharge Elimination System (NPDES) Permitting requirements. Services provided by this ILA include E&O annual report generation, public outreach and awareness campaign materials. The City has found this to have a cost benefit for its citizens by utilizing the economy of scale this agreement affords with the number of organizations that participate. Since the existing Interlocal Agreement is only valid to December 31, 2022, the parties have prepared a new Interlocal Agreement to begin January 1, 2023, to continue these collaborative services. If approved, this Interlocal agreement will remain in effect until December 31, 2025, unless earlier terminated by the parties. By continuing to work as a member of the outreach group, the City will continue to receive access to the services it provides at a significant cost reduction. Again, public education and outreach work is a necessary element to ensure compliance with the City’s NPDES permit. Recommendation: Staff recommends City Council authorize the Mayor to sign Interlocal Agreement No. KC- 516-19 with Kitsap County for the West Sound Stormwater Outreach Group. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to sign an Interlocal Agreement for the West Sound Stormwater Outreach Group. Fiscal Impact: The proposed ILA includes a budget for three years, 2023-2025, with the amount from the City not to exceed $10,223 for each year. Total cost of this agreement equals $30,669 for all three years. This agreement will be budgeted in the Storm Drainage Utility for 2023-2024 and will also be included in the 2025- 2026 biennial budget. Alternatives: Do not authorize and provide alternative direction regarding compliance with the City’s NPDES Permit Education and Outreach requirements.. Attachments: Interlocal Agreement KC-292-22 Page 7 of 317 KC-292-22 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR THE WEST SOUND STORMWATER OUTREACH GROUP I.PREAMBLE This Interlocal Agreement (hereafter “AGREEMENT”) is by and between Kitsap County (hereafter “COUNTY”) whose principal offices are located at 614 Div ision Street, Port Orchard, Washington 98366 and the City of Port Orchard (hereafter “CITY”) whose principal offices are located at 216 Prospect Street, Port Orchard, Washington 98366. II.RECITALS Whereas, the Washington State Department of Ecology requires owners or operators of a municipal separate storm sewer system to obtain coverage under Western Washington NPDES Phase II Municipal Stormwater Permit; and Whereas, mutual benefits will accrue to the parties hereto and the people which each serves in the cooperative implementation of the West Sound Stormwater Outreach Group. The Interlocal Cooperation Act, chapter 39.34 RCW, further authorizes the parties hereto to enter into this AGREEMENT; and Whereas, Permittees are required by Permit Section S5.C.1 2 to provide stormwater education and outreach programs designed to achieve measurable reductions in behaviors that cause or contribute to adverse stormwater impacts; and Whereas, coordination among Permittees with adjoining or shared geographic areas is encouraged by the Washington State Department of Ecology and enhances access to federal, state, and other financial and technical support, and Whereas, West Sound residents share media sources and would benefit from consistent messaging across city and county boundaries; and Whereas, municipal resource efficiency is increased and cost savings are realized through sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication; and Whereas, Kitsap County and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island, and Port Angeles desire to continue to work together as the West Sound Stormwater Outreach Group to coordinate joint development and implementation of stormwater education and outreach programs. NOW THEREFORE, the parties mutually agree as follows: Page 8 of 317 III. AGREEMENT A. The Recitals set forth above are expressly incorporated into the AGREEMENT by this reference. B. This AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. EXHIBIT A: West Sound Stormwater Outreach Group Scope of Work and Budget C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through which COUNTY and CITY voluntarily collaborate in the development, implementation, and funding of stormwater education and outreach messages, materials, activities, and program assessment tools for the general public, businesses, and other target audiences as required by the NPDES Phase II Permit. D. Payment and Funding: CITY will provide COUNTY funds in an amount not to exceed a total of $10,223 per year, totaling of $30,669 for the years 2023 through 2025 in accordance with Section I below. COUNTY agrees to send invoices to CITY representative for reimbursement of allowable expenses incurred as defined in EXHIBIT A. E. Scope of Work: COUNTY and CITY shall perform duties and services as are listed in EXHIBIT A, attached hereto and incorporated herein by this reference. Said services shall be performed in accordance with the approved Scope of Work and budget specified in EXHIBIT A, and as provided for in Section I of this AGREEMENT. F. COUNTY and CITY Administrators: The “West Sound Stormwater Outreach Group” is a collective of local jurisdictions and is not a separate legal entity. Accordingly, Kimberly Pleger, Stormwater Education & Outreach Coordinator, 614 Division Street, MS-26A, Port Orchard, Washington 98366 shall represent COUNTY in all matters pertaining to the services rendered under this AGREEMENT. All requirements of the CITY pertaining to the services and materials to be rendered under this AGREEMENT shall be coordinated through the COUNTY representative. Zack Holt, Stormwater Program Manager, 216 Prospect Street, Port Orchard, Washington 98366, shall represent the CITY in all matters pertaining to the services and materials to be rendered under this AGREEMENT. All requirements of the COUNTY pertaining to the services or materials to be rendered under this AGREEMENT shall be coordinated through the CITY representative. Following a change of representative, COUNTY and CITY will inform the other party in writing within ten (10) working days. Page 9 of 317 G. Reporting: By January 31st of each year this AGREEMENT is in effect, COUNTY and CITY will jointly report the results of work conducted under this AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit reporting requirements for public education activities, as specified in Permit Section S9.E.2. H. Responsibilities of the Parties: It is mutually understood that CITY will provide COUNTY with the following: Up to $30,669 over the duration of this AGREEMENT for development of educational materials, professional service fees, partial reimbursement of COUNTY administrative costs, and other expenses related to tasks as described in EXHIBIT A. CITY will also contribute staff time to attend meetings, provide input, conduct pertinent research, and participate in program development. It is mutually understood that COUNTY will provide CITY with the following: COUNTY will provide administrative services and act as financial manager for this AGREEMENT and associated professional service contracts. COUNTY will also contribute staff time to facilitate meetings, provide input, conduct pertinent research, and participate in program development. I. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon presentation of a properly executed invoice. Costs shall be charged and funding reimbursed based upon appropriate program elements as defined in EXHIBIT A. COUNTY may exceed line item amounts within individual program element budgets, but shall not exceed the total budget for each individual program element without written approval of CITY. Reimbursement requests shall not be made to CITY more frequently than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of a properly executed COUNTY invoice. J. Property: Title to property purchased by COUNTY, the cost of which COUNTY has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to and vest to COUNTY. Property purchased with funds delivered pursuant to this AGREEMENT may be used only for the performance of this AGREEMENT and shall be purchased in accordance with applicable state law and COUNTY purchasing policies. K. Assignment: COUNTY may assign or subcontract any portion of the services provided within the terms of the AGREEMENT. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents, and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages, or costs of any kind whatsoever) including costs, expenses, and reasonable attorney’s fees, to the Page 10 of 317 extent such a claim arises or is caused by the indemnifying party’s own negligence or that of its officers, agents, or employees in performance of this AGREEMENT. Nothing contained in this section of this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this AGREEMENT. M. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. N. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to terminate to the other party. In the event of such termination, COUNTY shall be compensated for the actual costs incurred prior to the time of written notification of contract termination. O. Duration: This AGREEMENT shall commence on January 1, 2023, and shall remain in effect through December 31, 2025. P. Recording: Pursuant to RCW 39.34.040, this AGREEMENT shall be filed with the Kitsap County Auditor. Q. Waiver: A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this AGREEMENT unless stated to be such in a writing signed by an authorized representative of the party and attached to the original AGREEMENT. R. Governing Law: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Washington. S. Venue: The venue for any action to enforce or interpret this AGREEMENT shall lie in the Superior Court of Washington for Kitsap County, Washington. T. Multiple Originals: This AGREEMENT may be executed in multiple copies, each of which shall be deemed an original. U. Severability: If any provision of this AGREEMENT or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the AGREEMENT which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this AGREEMENT are declared to be severable. Page 11 of 317 IN WITNESS WHEREOF, this AGREEMENT was executed by the parties on the dates hereinafter indicated. DATED this ____ day of _______, 2022 DATED this ____ day of _______, 2022 CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON _________________________________ Rob Putaansuu, Mayor Edward E. Wolfe, Chair ATTEST: Charlotte Garrido, Commissioner City Clerk Robert Gelder, Commissioner Approved as to Form: ATTEST: City Attorney Dana Daniels, Clerk of the Board Page 12 of 317 EXHIBIT A: WEST SOUND STORMWATER OUTREACH GROUP Scope of Work & Budget for 2023-2025 Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been working to jointly develop, implement, and fund NPDES Municipal Stormwater Permit-required outreach via interlocal agreements since 2008. With the additions of Bainbridge Island and Port Angeles in 2012, the group assumed the name of West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound under the Stormwater Outreach for Regional Municipalities (STORM) umbrella. A. GOALS, OBJECTIVES, AND TASKS Goals: 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.21, Public Education and Outreach, through the implementation of “education and outreach program[s] designed to: o Build general awareness about methods to address and reduce impacts from stormwater runoff; o Effect behavior change to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts; and, when possible, o Create stewardship opportunities that encourage community engagement in addressing the impacts from stormwater runoff.”1 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. 6. Identify opportunities for future collaboration on any new education and outreach requirements in the future NPDES Phase II Municipal Stormwater Permit (expected to be issued in 2024). Objectives & Tasks: Objective 1 Develop and adhere to an annual work plan for each year of this interlocal agreement. 1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2019) p.14. Page 13 of 317 Task 1.1 Jointly develop a work plan for each year by January 31 of 2023, 2024 and 2025. Objective 2 Build on existing successful efforts of the ongoing Pet Waste in Public Places campaign (aka Mutt Mitt program) behavior change program (required under S5.C.1.a.ii and S5.C.1.c of the 2013 Permit). Maintain elevated awareness levels and environmentally positive behavior trends for the one target audience and behavior selected (pet owners/proper disposal of pet waste in public areas). Task 2.1 Review available evaluation data from other local programs as available to determine impact of existing outreach efforts. Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste management. Continue to implement the Mutt Mitt program, including a strategy for continued awareness and behavior adoption for the current Permit term using adaptive management as necessary, promoting maintenance of the Mutt Mitt Program and supporting growth where indicated. Objective 3 Using social marketing practices and methods, implement the Natural Yard Care campaign with built in evaluation protocols for one target audience and behavior (DIY homeowners with kids or pets/using safer yard care products). Task 3.1 Continue to implement the campaign strategy across the WSSOG boundaries based on previously performed or locally available and applicable research that includes an evaluation plan with specific, measurable, and achievable outcomes. Revise as necessary based on emerging issues, opportunities, and evaluation results. Task 3.2 Assess the effectiveness of the campaign at proper intervals, documenting progress, and changing the campaign strategy as necessary to achieve desired outcomes. Task 3.3 No later than March 31, 2024, evaluate and report on: o The changes in understanding and adoption of targeted behaviors resulting from the implementation of the strategy; and o Any planned or recommended changes to the campaign in order to be more effective; describe the strategies and process to achieve the results o Use the results of the evaluation to continue to direct effective methods and implementation of the ongoing behavior change program. Task 3.4 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Objective 4 Collaborate on joint outreach and/or educational materials for the new business inspection ordinance and program (S5.C.6) to help cost saving and increase efficiency. Task 4.1 Seek opportunities to collaborate on joint outreach components such as print materials or other outreach tools. Page 14 of 317 Objective 5 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 5.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES Permit-required scope of audiences and behaviors, regardless of prioritization ranking. Task 5.2 Seek opportunities to share among member jurisdictions the existing outreach efforts to audiences not prioritized within the WSSOG activities, such that these efforts are beneficial to all members. Task 5.3 Pursue grants and other funding opportunities as available and appropriate. Objective 6 Represent the WSSOG on larger regional stormwater outreach efforts through participation as a contributing member of STORM and the Puget Sound Starts Here (PSSH) campaign development team. Task 6.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of use and benefit to the WSSOG. Task 6.2 Promote capacity building among STORM and WSSOG members to raise the caliber of collective outreach in the region. Task 6.3 Support development and implementation of the PSSH awareness campaign in conjunction with on the ground local behavior change programs. Task 6.4 Participate in regional work groups on targeted behaviors (e.g.: Pet Waste, Natural Yard Care, Mobile Businesses, etc.) Objective 7 Track and maintain records of education and outreach activities. Publish an annual summary of activities that is suitable for use in NPDES reporting. B. BUDGET Table 1 and 2 shows the annual budget for years 2023 through 2025. The annual Staff Time budget of $56,198 is for 0.5 FTE of a Kitsap County Education & Outreach Coordinator’s time to administer the Interlocal Agreement and manage outreach programs identified in the annual work plan on behalf of the WSSOG. This funding also includes coordination with STORM, the Puget Sound Starts Here campaign development team, ECO Nets, and all associated travel expenses; as well as administrative duties such as financial tracking and management. The annual staff time budget will be shared by all WSSOG jurisdictions in proportion to their relative population size, as shown in Table 1 and 2. The annual Outreach Base Programs budget of $88,438 will be used to implement joi nt programs prioritized by the group and agreed upon for inclusion in the WSSOG annual work plan. This may include activities such as implementation of the Mutt Mitt Program, natural yard care outreach, reporting hotline promotion, advertising, local implementation of the Puget Sound Starts Here campaign, outreach collateral development and production, other priority behavior change programs, evaluation/surveys/focus groups/studies, and/or professional services to achieve any of these activities Page 15 of 317 or tasks. The WSSOG will make every effort to minimize actual costs by selecting competitive bids for professional services, and by pursuing grants and other funding sources as available and appropriate. The annual Supplemental Programs Budget was added to accommodate several jurisdictions that expressed a desire for additional outreach support. This allows flexibility for jurisdictions to customize a suite of outreach options to meet the needs of their communities. Rates for elementary classroom lessons were based on County staff time for lesson preparation, teaching time, and travel. Cinema ad rates were based on real charges incurred for similar advertising in 2021. To meet the needs of jurisdictions who utilize biennial budget cycles, year 2023 and years 2024-2025 were calculated on separate charts. Page 16 of 317 Table 1. Annual budget for all program elements - 2023. Jurisdiction Population Est. 2021 (OFM) Relative Population Staff Time Budget Base Programs Budget Suppl. Programs Budget Annual Cost per Jurisdiction Programs PSSH & Mutt Mitt BPB Total Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge Island 24,930 8.04% $4,519 $6,123 $2,500 $8,623 $0 $13,142 Port Angeles 20,120 6.49% $3,647 $4,941 $1,750 $6,691 $2,2001 $12,538 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $8602 $10,223 Poulsbo 12,000 3.87% $2,175 $2,947 $2,500 $5,447 $2,7503 $10,372 Gig Harbor 12,200 3.94% $2,212 $2,996 $500 $3,496 $0 $5,708 TOTAL 310,020 100.00% $56,198 $76,138 $12,300 $88,438 $5,810 $150,446 PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction. 1 Includes funding for 3 months of cinema ads in Port Angeles. 2 Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. 3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. Table 2. Annual budget for all program elements – 2024 & 2025. Jurisdiction Population Est. 2021 (OFM) Relative Population Staff Time Budget Base Programs Budget Suppl. Programs Budget Annual Cost per Jurisdiction Programs PSSH & Mutt Mitt BPB Total Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge Island 24,930 8.04% $4,519 $6,123 $2,500 $8,623 $0 $13,142 Port Angeles 20,120 6.49% $3,647 $4,941 $1,750 $6,691 $2,2001 $12,538 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $8602 $10,223 Poulsbo 12,000 3.87% $2,175 $2,947 $2,500 $5,447 $2,7503 $10,372 Gig Harbor 12,200 3.94% $2,212 $2,996 $500 $3,496 $0 $5,708 TOTAL 310,020 100.00% $56,198 $76,138 $12,300 $88,438 $5,810 $150,446 PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction. 1 Includes funding for 3 months of cinema ads in Port Angeles. 2 Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. 3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. Page 17 of 317 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 4E Meeting Date: May 24, 2022 Subject: Approval of Amendment No. 2 to Prepared by: Mark Dorsey, P.E. Contract No. 028-21 with Transportation Public Works Director Solutions Inc. for On-Call Transportation/ Atty Routing No.: 366922-0009 – PW Traffic Engineering Services Atty Review Date: May 20, 2022 Summary: On February 9, 2021, the City executed Contract No. C028-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services (the “Contract”). On February 8, 2022, the Port Orchard City Council approved Amendment No. 1 with the Contract, increasing the Contract’s value to an amount not to exceed $25,000 and extending the termination date of the Contract to February 12, 2023. The City has identified a continued need for additional On Call Transportation/Traffic Engineering Services for 2022 and 2023 that are anticipated to exceed the established cap for these services set out in the Contract, as amended. Before the Council for approval is Amendment No. 2 to the Contract, which would increase the contract amount by an additional $15,000 (for a new not to exceed total of $40,000, inclusive of all compensation paid after execution of the Contract and Amendment No. 1 but prior to this Amendment). Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 2 to Contract No. C028-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services to increase the total contract amount by $15,000.00 for a total not to exceed amount of $40,000. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No. C028-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services. Fiscal Impact: The 2021/2022 budgeted funds were $25,000.00; a budget amendment for the additional 2022 costs may be needed. Alternatives: None Attachments: Amendment No. 2, Contract Authorization, Contract No. 028-21. Page 18 of 317 Amendment No. 2 to Contract No. 028-21 CITY OF PORT ORCHARD AGREEMENT WITH Transportation Solutions, Inc THIS SECOND AMENDMENT to Contract No.02 8-21 (“Amendment”) is made effective as of the 24th day of May 2022, by and between the City of Port Orchard (“City), a municipal corporation, organized under the laws of the State of Washington, and Transportation Solutions, Inc (“Consultant”), a corporation organized under the laws of the State of Washington, located and doing business at 16392 Woodinville Redmond RD NE, Suite A206, Woodinville, WA 98072. WHEREAS, on the 9th day of February 2021, the City executed an Agreement for On Call Transportation/Traffic Engineering Services with Transportation Solutions, Inc, (“Underlying Agreement”); and WHEREAS, on the 8th of February 2022 Amendment No 1 was approved by Council, extending the Underlying Agreement’s termination date to February 12, 2023, and increasing the Underlying Agreement’s “not to exceed” amount by $5,000, to a total not to exceed amount of $25,000; and WHEREAS, As amended, Section 4 (Compensation) of the Underlying Agreement provides that compensation for these services shall not exceed $25,000.00 without advance written authorization, and will be based on the list of billing rates and reimbursable expenses attached to the Underlying Agreement, as amended, as Exhibit B; and WHEREAS, additional On Call Transportation/Traffic Engineering Services are required by the City for 2022 that will exceed the current value of the Underlying Agreement, as amended; and WHEREAS, the Consultant and the City have conferred and agreed to increasing the amount of the contract from $25,000 to $40,000 in anticipation of the additional work for 2022; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement between the parties, incorporated by this reference as if herein set forth, is amended in, but only in, the following respect: A. Amended Section 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $40,000.00 (inclusive of all compensation paid after execution of the Underlying Agreement but prior to this Amendment), without advance written authorization and will be based on the list of billing rates and reimbursable expenses set forth in Exhibit B Scope of Services, attached hereto and incorporated herein by this reference. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Page 19 of 317 IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON _______________________________ Rob Putaansuu Mayor ATTEST/AUTHENTICATED: _______________________________ Brandy Wallace, CMC, City Clerk APPROVED AS TO FORM: _______________________________ _______________________________ Victor Salemann, PE Principle Page 20 of 317 Page 21 of 317 Page 22 of 317 Page 23 of 317 Page 24 of 317 Page 25 of 317 Page 26 of 317 Page 27 of 317 Page 28 of 317 Page 29 of 317 Page 30 of 317 Page 31 of 317 Page 32 of 317 Page 33 of 317 Page 34 of 317 Page 35 of 317 City of Port Orchard Council Meeting Minutes Regular Meeting of May 10, 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 Deputy City Clerk as follows: Mayor Pro-Tem Lucarelli Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Trenary Present via Remote Access Councilmember Rosapepe Present via Remote Access Mayor Putaansuu Absent Staff present via remote access: Public Works Director Dorsey, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Robertson, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:31) Mayor Pro-Tem Lucarelli led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:51) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:32) There were no citizen comments. Page 36 of 317 Minutes of May 10, 2022 Page 2 of 8 4. CONSENT AGENDA (Time Stamp: 0:02:30) A. Approval of Voucher Nos. 83980 through 83985 and 83992 through 84050 including bank drafts in the amount of $229,154.19 and EFTs in the amount of $140,991.92 totaling $370,146.11. B. Approval of Payroll Check Nos. 83986 through 83991 including bank drafts and EFTs in the amount of $227,936.86 and Direct Deposits in the amount of $217,845.05 totaling $445,781.91. C. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Resolution No. 048-22) D. Approval of the April 26, 2022, City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 0:03:13) A. McCormick Woods Phases III, IV, and V Preliminary Plats for the Extension of Term and Revisions to Vested Development Standards Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:35 p.m. B. Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities, Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities, and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp 0:05:49) Mayor Pro-Tem Lucarelli opened the public hearing at 6:41 p.m. Kim Allen, Wireless Policy Group speaking on behalf of Verizon Wireless, thanked staff for their work on the ordinance, and noted they are very open to feedback and comments from the industry. She spoke to deploying small wireless facilities and macro facilities in Port Orchard to meet the demand on their network. She requested changes in the draft ordinance regarding raising heights of existing utility poles, height restrictions, and height waivers. Meridee Pabst, Wireless Policy Group speaking on behalf of AT&T, said a letter was sent to the Mayor and Council outlining their remaining issues. She voiced concern about the proposed height for raising of existing utility poles and provided a recommended change to the concealed building mounted antennas and height waivers. Lastly, she provided a suggested clarification for the Use Table, Table A. Page 37 of 317 Minutes of May 10, 2022 Page 3 of 8 Robin raised her hand to speak, and after staff allowed her to speak, she remained muted and could not provide testimony. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:52 p.m. C.McCormick West Development Agreement for the Extension of Term and Revisions to Vested Development Standards (Time Stamp 0:22:17) Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:53 p.m. D.Haven Townhomes Development Agreement for Transportation Impact Fee Credits (Time Stamp 0:23:54) Mayor Pro-Tem Lucarelli opened the public hearing at 6:56 p.m. Brianne Kelsey with Tarragon, speaking on behalf of the applicant Sidney Road Townhomes, LLC, thanked staff and council for expeditiously moving forward with this item. She voiced support for the development agreement and spoke about the project which included a park, amenity building with gathering spaces, on-site leasing, playground, dog parks, community gardens and walking paths. She explained timelines and costs of the project. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:59 p.m. 7.BUSINESS ITEMS (Time Stamp: 0:29:31) A.Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities Community Development Director Bond noted he is recommending moving forward with the ordinance as presented. MAIN MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 Wireless Communication Facilities. Councilmember Diener suggested continuing with the public hearing as Robin was not able to provide public testimony earlier. In response to Councilmember Diener, Community Development Director mentioned there is one pending application for a conditional use permit for a wireless communication facility. The sooner this ordinance is in place the more likely Council is not to have vesting issues under the building code. Additionally, this is the second public hearing on this topic. Page 38 of 317 Minutes of May 10, 2022 Page 4 of 8 In response to Councilmember Rosapepe, Community Development Director Bond spoke to the request of raising the heights of utility poles from 15 feet to 25 feet and voiced concerns of the request. Councilmembers Diener and Clauson voiced their support of the 25-foot request. AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Trenary, that section 20.70.120 Utility Pole Co-Location would read Height: The height of a utility pole co-location is limited to 25 feet above the replace utility pole, and may not be greater than 65 feet in height in residential zones. The amended motion carried. The main motion carried. (Ordinance No. 014-22) B. Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp: 0:44:29) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 [20.72 Small Cell] Wireless Communication Facilities. The motion carried. (Ordinance No. 015-22) C. Adoption of an Ordinance Approving a Development Agreement for the Haven Townhomes Project for Transportation Impact Fee Credits (Time Stamp 0:46:16) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance authorizing the mayor to execute a development agreement with Sidney Road Townhomes, LLC as presented. The motion carried. (Ordinance No. 016-22 and Agreement No. 070-22) D. Adoption of an Ordinance Approving a Grant Agreement with the State of WA TIB for Improvements to Pottery Road (Time Stamp 0:52:20) MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary to adopt an ordinance authorizing the mayor to execute a contract with the State of Washington Transportation Improvement Board for the Pottery Road Non-Motorized Improvement in the grant amount of $650,000. Page 39 of 317 Minutes of May 10, 2022 Page 5 of 8 The motion carried. (Ordinance No. 017-22 and Agreement No. 071-22) E. Adoption of an Ordinance Approving a Contract with the WA State Department of Transportation for the Bay Street Pedestrian Pathway West Situational Study (Time Stamp 0:57:06) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt Ordinance No. 009-22, authorizing the mayor to execute Contract No. C044-22 (WSDOT LA 10296) with the Washington State Department of Transportation for the Bay Street Pedestrian Pathway West – Situational Study in the grant amount of $490,000. Councilmember Chang explained he is a Department of Transportation employee and will recuse himself if anyone believes there is a conflict. No one voiced any concerns. The motion carried. (Ordinance No. 009-22 and Contract No. 044-22) F. Adoption of a Resolution Approving a Contract with Olson Brothers Pro-Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project (Time Stamp 1:02:16) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt Resolution No. 046-22, authorizing the mayor to execute Contract No. C049-22 with Olson Brothers Pro-Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $57,125.71. The motion carried. G. Adoption of a Resolution Approving a Contract with Makers Architecture and Urban Design LLP for Development of a Housing Action Plan (Time Stamp 1:05:04) MAIN MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt a resolution authorizing the mayor to execute a contract with Makers Architecture and Urban Design to develop a Housing Action Plan consistent with the requirements established in the Washington State Department of Commerce Interagency Agreement as presented. In response to Councilmember Cucciardi, Community Development Director Bond explained the proposed scope of work and noted the contract can be updated to lump sum instead of time and materials if that is the Council’s recommendation. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to change time and materials to lump sum of $75,000 for the complete body of work. Page 40 of 317 Minutes of May 10, 2022 Page 6 of 8 The amended motion carried. The main motion carried. (Resolution No. 049-22 and Contract No. 069-22) H. Adoption of a Resolution Authorizing the Purchase of a Body-Worn Camera System for the Police Department (Time Stamp 1:13:11) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a resolution authorizing the purchase of twenty-five (25) body-worn cameras, plus associated hardware, software, and a five-year maintenance agreement, from Axon Enterprise, Inc. through Sourcewell Contract No. 010720-AXN, for a total purchase price of $326,804.94 (applicable tax included). The motion carried. (Resolution No. 050-22 and Contract No. 072-22) I. Approval of Amendment No. 3 to Contract No. 082-19 with Kitsap Public Facility District for the Community Event Center Project (Time Stamp 1:18:15) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve Amendment No. 3 to Contract 082-19 with Kitsap Public Facilities District. The motion carried. J. Approval of a 2-Day Use of Parking Lot No. 4: Fathoms O’ Fun Pirates Rendezvous (Time Stamp 1:22:10) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the 2-day use of Parking lot No. 4 for the Fathoms O’ Fun Pirates Rendezvous event scheduled for Sunday, May 29, to Monday, May 30, 2022, as presented. The motion carried. K. Approval of Road Closures for a Special Event: Fathoms O’ Fun Grand Parade (Time Stamp 1:24:51) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the road closures for the Fathoms O’ Fun Festival 53rd Annual Grand Parade event scheduled for Saturday, June 25, 2022, as presented as well as approving the use of Lot 4 for a 2-day vendor show to be held June 25 and June 26, 2022. The motion carried. Page 41 of 317 Minutes of May 10, 2022 Page 7 of 8 L. Approval of the April 19, 2022, Work Study Session Meeting Minutes (Time Stamp 1:28:29) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Council Meeting Minutes of the study session for April 19, 2022. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 1:29:15) A. Continued: Veterans Park City Attorney Robertson reported the code enforcement officer is currently out of town so a robust report will be provided along with photos showing the recent successful cleanup at the next Council meeting. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:30:03) Councilmembers Trenary and Cucciardi reported the Economic Development and Tourism Committee is scheduled to meet June 14th. Councilmember Clauson reported the Finance Committee is scheduled to meet May 17th. Councilmember Chang reported the Transportation Committee is scheduled to meet May 24th. Mayor Pro-Tem Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet May 16th. The Sewer Advisory Committee is scheduled to meet May 18th. Councilmember Diener reported the Land Use Committee is scheduled to meet May 18th. 10. REPORT OF MAYOR There was no report of the mayor. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:31:53) There were no reports from the department heads. 12. CITIZEN COMMENTS (Time Stamp: 1:32:52) There were no citizen comments. Page 42 of 317 Minutes of May 10, 2022 Page 8 of 8 13. GOOD OF THE ORDER (Time Stamp: 1:33:11) Councilmember Rosapepe talked about growth and foresight to keep things moving forward and vibrant with projects like the pedestrian pathway. Mayor Pro-Tem Lucarelli spoke about her hometown and how they have been working on waterfront improvements and pathways. Long-range planning is very important. 14. EXECUTIVE SESSION No executive session was held. 15. ADJOURNMENT The meeting adjourned at 8:06 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Mayor Pro-Tem Page 43 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The City is considering an update to Port Orchard Municipal Code (POMC) 20.182 for two purposes. The first is to update the chapter to be consistent with the Interlocal Agreement between the City and the South Kitsap School District concerning the procedures for the administration and collection of school impact fees. The second reason is to update the Park Impact Fee rate schedule to reflect the recently updated Parks, Recreation, and Open Space Plan. The proposed updates concerning the process for collecting school impact fees includes: • Identifying that the DCD Director is responsible for administering the chapter. • Clarifying that the City is to calculate the school impact fees for any development project. • Specifying that it is up to the School District to propose an impact fee schedule (or amendments thereto). • Removing references to the Superintendent including for the processing of impact fee credits. • Specifying the use of Development Agreements for the issuance of impact fee credits. • Allowing for bonds in conjunction with impact fee credits. • Clarifying that these fees be paid to the City who will then transfer funds to the school district. The proposed update to the Parks Impact Fee schedule was based on City Council discussions at the April 19, 2022 Work Study meeting. At that meeting, the City Council directed staff to bring forward an ordinance specifying that 70% of the capital cost of the City’s Park system be funded with impact fees. The result was that the current fees of $811 per single family home and $584 per multi-family unit would increase to $6,658 per single family home and $4,689 per multifamily units in a building with five or more units. There are also rates listed in the attached schedule for Accessory Dwelling Units, duplexes, tri- and quadplex, and manufactured homes. The proposed fee schedule is based on average occupancy (persons per household) as provided by the Office of Financial Management (OFM) for the City of Port Orchard. The cost of maintaining Existing Level of Service (ELOS) per resident is $3,349. This calculation is found in Appendix D of the PROS Plan (Page 19). This ELOS per resident figure is multiplied by the OFM persons per household number for building types in Port Orchard. Then this number is reduced by 30% because the City would be making it a policy that 70% of the Page 44 of 317 Public Hearing 6A Page 2 of 2 total cost of maintaining ELOS be paid by new development. The City has the discretion to adjust this 70% number anywhere from 0% up to 99%, but per the City’s consultant, the City cannot charge 100% of the cost of maintaining ELOS to new development. Relationship to Comprehensive Plan: The Parks Plan was recommended for approval by the Planning Commission as an amendment to the Comprehensive Plan on May 3, 2022. The Parks Plan will be considered for adoption by the City Council on June 14th as part of the 2022 Comprehensive Plan Amendments, prior to consideration of the Impact Fee Ordinance. The changes to chapter 20.182 concerning school impact fees processes are consistent with the City’s Comprehensive Plan and the Growth Management Act. Recommendation: Staff recommends that the City Council hold a public hearing on the proposed impact fee ordinance as presented. Motion for consideration: N/A Fiscal Impact: Increasing the City’s Park Impact fee will generate revenues that supports the buildout of the City’s parks in accordance with the PROS Plan. Alternatives: None. Attachments: Ordinance, Park Impact Fee Schedule, and Appendix D to the PROS Plan. Page 45 of 317 Page 1 of 11 1580933.2 - 366922 -0032 ORDINANCE NO. XXX-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARK AND SCHOOL IMPACT FEES, AMENDING CHAPTER 20.182 OF THE PORT ORCHARD MUNICIPAL CODE, AMENDING SECTIONS 20.182.020, 20.182.070, 20.182.080, 20.182.090, 20.182.100, 20.182.110, 20.182.120, 20.182.130 TO UPDATE THE CALCULATION, COLLECTION AND DISTRIBUTION PROCEDURES FOR SCHOOL IMPACT FEES TO MAKE CONSISTENT WITH THE INTERLOCAL AGREEMENT BETWEEN PORT ORCHARD AND SOUTH KITSAP SCHOOL DISTRICT AND MAKING HOUSEKEEPING AMENDMENTS CONSISTENT WITH EXISTING ADMINSTRATIVE PROCEDURES; AMENDING SECTION 20.182.060 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE FOR ANNUAL CPI-U ADJUSTMENTS TO PARK IMPACT FEES; ADDING A NEW SECTION 20.182.128 TO THE PORT ORCHARD MUNCIPAL CODE TO IDENTIFY THE PARKS RECREATION AND OPEN SPACE PLAN AS THE CAPITAL PLAN FOR PARKS; ADOPTING A NEW PARK IMPACT FEE SCHEDULE; PROVIDING FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections (“GMA”) requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21; and WHEREAS, the City Council finds that new development activity in the City of Port Orchard will create additional demand and need for public facilities; and Page 46 of 317 Ordinance No. 0XX Page 2 of 17 1580933.2 - 366922 -0032 WHEREAS, the City of Port Orchard has previously adopted a park impact fee program pursuant to the authority provided in Chapter 82.02 RCW; and WHEREAS, the City of Port Orchard last updated its park impact fee rates in 2011; and WHEREAS, the City spent more than a year studying its parks and recreation system and updating its Parks, Recreation and Open Space (PROS) Plan while also studying the financial strategies and feasibility of funding its parks system; and WHEREAS, that review included public outreach, Planning Commission study and public hearing, as well as study sessions by the City Council; and WHEREAS, on June 14, 2022, the City Council adopted a new Parks, Recreation and Open Space Plan as part of the City’s Comprehensive Plan, including updating the capital project lists and capital facilities plan (Ordinance ______); and WHEREAS, the City contracted with Beckwith Consulting Group to prepare an updated parks impact fee rate study and recommended impact fee rate, which was provided to the City in April, 2021 (Exhibit A); and WHEREAS, the City has prepared an updated parks impact fee schedule based on the findings and recommendations of the study prepared by Beckwith Consulting Group; and WHEREAS, on April 19, 2022, the City held a work study session on the updated parks impact fee schedule; and WHEREAS, on June 14, 2022, at its regular meeting the City Council considered the updated parks impact fee schedule and the public testimony, and reviewed the ordinance proposed for its adoption; and WHEREAS, the City Council desires to adopt an updated parks impact fee schedule to ensure that all projects on the current parks capital facilities plan receive appropriate impact fee funding per RCW Section 82.02.050; and WHEREAS, on February 9, 2010, the Port Orchard City Council adopted Ordinance No. 001-10 to implement impact fees on behalf of the South Kitsap School District; and WHEREAS, the District and the City have recently negotiated an Interlocal Agreement for how school impact fees will be calculated, collected, and managed; and WHEREAS, the City Council authorized the updated Interlocal Agreement by passage of Resolution No. 017-22 on January 25, 2022 and the Agreement was executed by the City on February 28, 2022; and Page 47 of 317 Ordinance No. 0XX Page 3 of 17 1580933.2 - 366922 -0032 WHEREAS, in order to make the City’s impact fee chapter (Chapter 20.182 POMC) consistent with the Interlocal Agreement, updates are needed; and WHEREAS, additional housekeeping amendments are needed to provide consistency with City practices; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of intent to adopt the proposed new development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for an expedited 15-day review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, the City Council conducted a public hearing on the substance of this Ordinance on May 24, 2022, and recommended its adoption by the City Council; and WHEREAS, this Ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City’s environmental regulations, Chapter 20.160 POMC; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City’s Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as findings in support of this ordinance. SECTION 2. Section 20.182.020 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.020 Applicability and definitions. (1) Chapter 20.184 POMC includes the definitions for this chapter and Chapter 20.180 POMC on concurrency management. The requirements of this chapter apply to all development in the city, as “development” or “development activity” is defined in Chapter 20.12 POMC. (2) Mitigation of impacts on parks and transportation facilities located in jurisdictions outside the city will be required when: (a) The other affected jurisdiction has reviewed the development’s impact under its adopted impact fee/mitigation regulations and has Page 48 of 317 Ordinance No. 0XX Page 4 of 17 1580933.2 - 366922 -0032 recommended to the city that there be a requirement to mitigate that impact; and (b) There is an interlocal agreement between the city and the affected jurisdiction specifically addressing impact identification and mitigation. (3) The director of community development shall be responsible for administering this chapter and the impact fee program for the city. SECTION 3. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.060 Fee schedules and establishment of service area. (1) Impact fee schedules setting forth the amount of the impact fees to be paid by developers shall be adopted by ordinance of the city council and incorporated herein by this reference. The impact fee schedules may be revised at any time the city council deems just and appropriate. (2) For the purpose of road and park impact fees, the entire city shall be considered one service area. (3) For the purpose of school impact fees, the entire boundary of the school district shall be considered one service area. (4) Transportation and parks impact fees adopted by the city shall each automatically increase annually per CPI-U (All Urban Consumers Index) (1982- 1984=100), not seasonally adjusted, for the Seattle-Tacoma-Bellevue area for that 12- month period from January 1st to December 31st indexed as the annual average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 1st of the following year. SECTION 4. Section 20.182.070 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.070 Calculation of impact fees. (1) Director Calculates the Fees. The director shall calculate the impact fees set forth in Appendices A, and B, and C. Such calculation shall include determining the dates at which the impact fees are due and which rates apply. The superintendent of the school district shall calculate the school impact fees set forth in Appendix C. The city council shall have the final decision on the establishment of the impact fee schedule to be imposed under this chapter as set forth in Appendices A, B, and C. The school district shall propose to the City its requested impact fee schedule to be imposed under this chapter, including specific rates applicable to different project types, however the Council has the authority to establish Appendix C. (2) Factors Used in Impact Fee Calculations. The calculation of impact fees shall Page 49 of 317 Ordinance No. 0XX Page 5 of 17 1580933.2 - 366922 -0032 include the factors identified in RCW 82.02.040 through 82.02.070 and shall: (a) Determine the standard fee for similar types of development, which shall be reasonably related to each development’s proportionate share of the cost of projects described in the project list for each type of impact fee. (b) Reduce the proportionate share by applying the benefit factors described in POMC 20.182.080. (3) Proportionate Share. In calculating proportionate share, the following factors shall be considered: (a) Identification of all park, school and transportation facilities that will be impacted by users from development; (b) Identification of the point at which the capacity of a park, school or transportation facility has been fully utilized; (c) Updating of the data as often as practicable, but at least annually; (d) Estimation of the cost of construction of the projects in the project list (see POMC 20.182.120) for roads at the time they are placed on the list; the cost of maintaining the city’s level of park service as shown on Appendix B; and the costs relating to the construction of school facilities, and to then update the cost estimates at least annually, considering the: (i) Availability of other means of funding park, school and transportation facilities; (ii) Cost of existing park, school and transportation facility improvements; (iii) Methods by which park, school and transportation facility improvements were financed; and (iv) An adjustment to the cost of the park, school and transportation facilities for past or future payments or reasonably anticipated to be made by new development to pay for particular system improvements in the form of user fees, debt service payments, taxes or other payments earmarked for or proratable to the particular system improvement. SECTION 5. Section 20.182.080 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.080 Credits. (1) Credit Allowed. The director, or, in the case of school impact fees, the Page 50 of 317 Ordinance No. 0XX Page 6 of 17 1580933.2 - 366922 -0032 superintendent, shall reduce the calculated proportionate share for a particular development by giving credit for the benefit factors described in this section. (2) Procedure for Obtaining Credit, Time to Request Credit. Requests for credits against impact fees will not be considered unless the developer makes the request in writing, concurrent with the submission of the application for the underlying development permit triggering the impact fee. Impact fee credits may only be granted by use of a development agreement in accordance with the procedures contained in Chapter 20.26 POMC. (3) Benefit Factors. The director and/or superintendent will consider the following benefit factors when determining whether an impact fee credit is appropriate: (a) Developer’s dedication of land and/or construction of system improvements. The value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities required by the city that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity, as long as the following conditions are satisfied. For school impact fees, the superintendent shall consider the director shall consult with the superintendent in considering the value of any dedication of land provided by the developer identified in the school district’s capital facilities plan as long as the following conditions are satisfied to the extent applicable: (i) The system improvements are located on land owned by the city (or in the case of school impact fees, by the school district); and (ii) A designated public owner is responsible for permanent, continuing maintenance and operation of the system improvements; and (iii) The director determines that the system improvements correspond to the type(s) of park, and transportation, or school system improvements that are reasonably related to the development as determined pursuant to this chapter; (iv) The director determines, after consultation with the school district, as applicable, and after an analysis of supply and demand data, the parks, open space and recreation plan, the six-year road plan and the adopted park and transportation plan, that the proposed park and transportation system improvements better meet the city’s need for park and transportation system improvements than would payment of funds to mitigate the park Page 51 of 317 Ordinance No. 0XX Page 7 of 17 1580933.2 - 366922 -0032 and transportation impacts of the development; (v) In the determination of credit toward the impact fee, the director or the superintendent shall also consider the extent to which the proposed dedication or conveyance meets the following criteria: (A) The land should result in an integral element of the city park/road system or in the school system; (B) The land is suitable for future park, school and/or transportation facilities; (C) The land is of appropriate size and of an acceptable configuration; (D) The land has public access via a public street or an easement of an equivalent width and accessibility; (E) The land is located in or near areas designated by the city or county on land use plans for park, trail or recreational purposes, or, in the case of schools, is appropriately located for school facilities; (F) The land provides linkage between county and/or other publicly owned recreation and transportation properties; (G) The land has been surveyed or adequately marked with survey monuments, or is otherwise readily distinguishable from adjacent privately owned property; (H) The land has no known physical problems associated with it, such as the presence of hazardous waste, drainage erosion or flooding problems which the director or superintendent determines would cause inordinate demands on public resources for maintenance and operation; (I) The land has no known safety hazards; (J) The developer is able to provide documentation, as nearly as practicable, of the land’s compliance with the criteria of this subsection, and of clear title; (K) The developer is able to provide and fund a long-term method, acceptable to the director or superintendent, for the management and maintenance of the land, if Page 52 of 317 Ordinance No. 0XX Page 8 of 17 1580933.2 - 366922 -0032 applicable. (4) Requirement for System Improvement Plan by City. When the director has agreed to a developer’s proposal to satisfy some or all of the impact fee through the purchase, installation and/or improvement of park and/or transportation and/or school facilities, the developer shall prepare and submit a system improvement plan to the director for approval prior to recordation of a plat or short plat for subdivisions, and prior to issuance of a building permit for all other developments. (5) Statutory Benefit Factors. The director or superintendent may consider any applicable benefit factors, as described in RCW 82.02.060 (as it now exists or may hereafter be amended), that are demonstrated by the applicant not to be included in the calculation of the impact fee. (6) Amount of Credit. The credit against the impact fee shall be equal to the fair market value of the purchased/dedicated property or equal to the cost of the completed system improvements. In those situations in which a developer has not yet installed or constructed system improvements and requests a credit for the system improvement(s), the city engineer shall estimate the cost of the system improvements, which shall be the credit allowed to the developer in the decision on the amount of the impact fee. If a credit is granted for a system improvement that has not been constructed, the developer shall pay the full impact fee without the credit, at the time established in POMC 20.182.110, provided however that if the developer posts a performance bond to ensure completion of the system improvement and/or to secure the payment of the impact fees, the City may allow the payment of the impact fees to be deferred until the system improvement is completed and the final maximum impact fee credit has been calculated. If the developer opts to pay the impact fees rather than post a bond, then after the After construction and/or installation of the system improvement, the developer may request the credit granted by the city engineer under this subsection, and the city shall refund the difference of the impact fee to reflect the credit; provided, that if the city and the property owner have entered into a development agreement on or before the effective date of the ordinance codified in this section, and the agreement requires the construction of such improvements, the city may allow a credit to be subtracted from the impact fee paid at the time established in POMC 20.182.110. (7) PRDs, PUDs and Mobile Home Parks. A developer of a planned residential development, a planned unit development, or a mobile home park may receive credit only for park, school and transportation facilities provided in addition to those normally required under SEPA for such developments, pursuant to the city’s SEPA ordinance (Chapter 20.160 POMC). (8) Credit to Apply Proportionately to Units. The amount of credit determined Page 53 of 317 Ordinance No. 0XX Page 9 of 17 1580933.2 - 366922 -0032 pursuant to this section shall be credited proportionately among all the units in the development, and the impact fee for each unit for which a permit or approval is applied shall be reduced accordingly. (9) Limits on Credit Requests. Applicants may not request that an impact fee credit be provided for a proposed development based on taxes, user fees, assessments, improvements, payments or other benefit factors applicable to property that is not included within the proposed development. Credit to be paid back by the city or the school district to a developer under this section shall not exceed the total amount of the impact fees paid by the developer. (10) Local Improvement Districts. Applicants shall receive credit against the impact fee equal to the amount of an LID assessment paid for transportation- related system improvements identified by the director as increasing transportation system capacity. (11) Appeals of Credits. The director or superintendent shall issue a written decision on the developer’s request for a credit of the impact fee calculation, which shall explain why the credit was granted or denied. The developer may request reconsideration and appeal the impact fee amount and credit pursuant to POMC 20.182.160. If the procedures in POMC 20.182.160 are not timely followed to request an appeal of the credit, the director’s or superintendent’s decision on the impact fee credit shall be final. SECTION 6. Section 20.182.090 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.090 Variation from impact fee schedule. With respect to the transportation or park impact fee, if a developer submits information demonstrating a significant difference between the age, social activity or interest characteristics of the population of a proposed subdivision or development and the data used to calculate the impact fee schedule, the director may allow a special calculation of the impact fee requirements for the subdivision or development to be prepared by the developer’s consultant, at the developer’s cost; provided, that: the director shall have prior approval of the qualifications and methodology of the developer’s consultant in making such calculation, and any time period mandated by statute or ordinance for the approving authority’s final decision on the development shall not include the time spent in preparing the special calculation. Whether the director accepts the data provided by the special calculation shall be at the discretion of the director. With respect to a school impact fee, if a developer submits evidence demonstrating that a development has obtained approval of an age-restricted Page 54 of 317 Ordinance No. 0XX Page 10 of 17 1580933.2 - 366922 -0032 development in accordance with applicable federal regulations or that a development has recorded a covenant against the development prohibiting occupancy of the development by a population who are not eligible to attend schools within the school district, the director superintendent may allow a special calculation of the impact fee requirement for the development after consultation with at the discretion of the superintendent of the school district. SECTION 7. Section 20.182.100 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.100 Payment of fees. (1) All applicants for development, including changes in use, shall pay an impact fee in accordance with the provisions of this chapter which shall be calculated by the city or school district at the time that the building or other applicable permit is ready for issuance. Applicants/developers may choose to pay impact fees or a portion thereof prior to the city’s issuance of a building permit, other applicable permit, or change in use, but if the early payment is less than the fee calculated at the time the building or other applicable permit is ready for issuance or the change in use takes effect, the applicant/developer shall pay the difference. If the early payment is more than the fee calculated at the time the building permit or other applicable permit is ready for issuance or the change of use takes effect, the city or school district shall refund the difference. (2) The impact fee shall be recalculated if the development is modified or conditioned in such a way as to alter park, school or transportation impacts for the development. (3) A developer may obtain a preliminary determination of the impact fee before submitting an application for the development permit or use change by providing the director or superintendent with the information needed for processing together with the applicable fee. Such determinations are provided to the developer as estimates only, and they are not binding on the city, given the limited information needed to calculate the preliminary impact fee amount and the fact that the city or school district annually updates the project list and impact fee schedule. In addition, impact fees are not subject to the vested rights doctrine, and the fee actually paid by the developer will be the impact fee in effect at the time of building or other applicable permit issuance or change of use, regardless of any preliminary determinations unless otherwise agreed by development agreement or impact fee credit agreement. SECTION 8. Section 20.182.110 of the Port Orchard Municipal Code is hereby amended to read as follows: Page 55 of 317 Ordinance No. 0XX Page 11 of 17 1580933.2 - 366922 -0032 20.182.110 Time of payment of impact fees. (1) Payment of any required impact fees shall be made as a condition of the issuance of a building permit or a stormwater permit, except as provided in subsection (4) of this section. School impact fees shall be paid to the school district, and the developer shall present the receipt or proof of payment from the school district to the city for issuance of the building permit. (2) Impact fees may be paid under protest in order to obtain the necessary permits/approvals until an appeal of the fee amount is finally resolved. (3) When a subdivision or development is conditioned upon the dedication of land, or the purchase, installation or improvement of park, school, and/or transportation facilities, a final plat or short plat shall not be recorded, and a building permit within such plat or development shall not be issued until: (a) The director has determined in writing that the land to be dedicated is shown on the face of the final plat or short plat, or a deed conveying the land to the city, the school district or special purpose district, as appropriate, has been recorded with the county auditor; and (b) The director has determined in writing, after consultation with the designated public owner responsible for permanent, continuing maintenance and operation of the facilities that the developer has satisfactorily undertaken or guaranteed to undertake in a manner acceptable to the director or superintendent, any required purchase, installation or improvement of school, park or transportation facilities. (4) Deferral of Payment of Impact Fees. Payment of impact fees for single-family attached or single-family detached residential dwelling units may be deferred only until issuance of certificate of occupancy or equivalent certification, pursuant to RCW 82.02.050(3), subject to the following provisions: (a) Each applicant, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this section for the first 20 single-family residential construction building permits per city. Any single-family residential building construction permits beyond 20 for the same applicant are subject to payment of impact fees at the time of building permit issuance as required by subsection (1) of this section. (b) A request for deferral must be submitted prior to issuance of a building permit. (c) Application for deferral must be made on a form provided by and acceptable to the city and must include the following information and fees: Page 56 of 317 Ordinance No. 0XX Page 12 of 17 1580933.2 - 366922 -0032 (i) Name, address, telephone number and email address of the applicant. (ii) The specific address, legal description and tax identification number of the single-family dwelling for which deferral is being requested. (iii) The building permit application number associated with the requested deferral. (iv) The registration number or other unique identification number for the contractor that will be building the structure. (v) A statement by the contractor describing how many deferrals have been granted during the current year for said contractor, describing how many have been requested during the current year, and attesting that the number provided and/or requested is less than 20 for the current calendar year. (vi) Applicable fees for processing the application and for future monitoring of the deferred payment of impact fees are required in addition to fees required by this chapter. Deferral application fees shall include: (A) Minimum of four hours base administration fee, at the hourly staff rate required by the development fee schedule adopted in the city’s fee resolution, and payable at the time of application submittal. (B) Minimum of four hours administration fee at the current hourly staff rate to cover additional time spent processing of final payment of impact fees, including but not limited to preparation of lien release documents, payable before the lien release document shall be released to the applicant. (d) No more than one single-family dwelling may be included on a single application for impact fee deferral. (e) Impact fees shall be calculated on the fees in place at the time that the applicant applies for a deferral. (f) Impact fees deferred under this section are due no later than the following events, whichever occur first: (i) Issuance of certificate of occupancy or equivalent certification for the single-family dwelling; or Page 57 of 317 Ordinance No. 0XX Page 13 of 17 1580933.2 - 366922 -0032 (ii) Eighteen months from the date of the building permit issuance. (g) An applicant seeking a deferral under this subsection must grant and record a deferred impact fee lien against the property in favor of the city of Port Orchard. The deferred impact fee lien must include the legal description, tax account number, and address of the property, and must also be: (i) In a form approved by the city attorney which ensures that it is binding on all successors on the title to the property after recordation; (ii) Signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded with the Kitsap County auditor’s office; and (iii) Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. (h) The city may withhold a certificate of occupancy or equivalent certification until the impact fees are paid in full. Upon receipt of final payment of all deferred impact fees for a property, and upon payment of all applicable administration fees in the city’s fee resolution, the city must execute a release of deferred impact fee lien for the property. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (i) Foreclosure Proceedings. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute proceedings to enforce the lien in accordance with Chapter 61.12 RCW. (j) Obligation to Pay. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of issuance of certificate of occupancy or equivalent certification. (k) Deferral Process Not Subject to Review Proceedings. Per RCW 36.70B.140(2), the processing of an impact fee deferral application is not subject to the project permit review requirements of Chapter 36.70B RCW. SECTION 9. Section 20.18.120 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.120 Project list. (1) The director shall annually review the city’s parks, open space and recreation plan, the six-year road plan and the projects listed in Appendices A and B and Page 58 of 317 Ordinance No. 0XX Page 14 of 17 1580933.2 - 366922 -0032 shall: (a) Identify each project in the comprehensive plan that is growth-related and the proportion of each such project that is growth-related; (b) Forecast the total money available from taxes and other public sources for park and transportation improvements for the next six years; (c) Update the population, building activity and demand and supply data for park and transportation facilities and the impact fee schedule for the next six-year period; (d) Calculate the amount of impact fees already paid; (e) Identify those comprehensive plan projects that have been or are being built but whose performance capacity has not been fully utilized. (2) The director shall use this information to prepare an annual draft amendment to the fee schedule in Appendices A and B, which shall comprise: (a) The projects in the comprehensive plan that are growth-related and that should be funded with forecast public monies and the impact fees already paid; and (b) The projects already built or funded pursuant to this chapter whose performance capacity has not been fully utilized. (3) The city council, at the same time that it adopts the annual budget and appropriates funds for capital improvement projects, shall, by separate ordinance, establish the annual project list by adopting, with or without modification, the director’s draft amendment. (4) Once a project is integrated into the fee schedule in Appendices A and B, a fee shall be imposed on every development until the project is removed from the project list by one of the following means: (a) The city council by ordinance removes the project from the project list and Appendix A and/or B, in which case the fees already collected will be refunded if necessary to ensure that impact fees remain reasonably related to the park and transportation impacts of development that have paid an impact fee; provided, that a refund shall not be necessary if the council transfers the fees to the budget of another project that the council determines will mitigate essentially the same park and transportation impacts; or (b) The capacity created by the project has been fully utilized, in which case the director shall remove the project from the project list. Page 59 of 317 Ordinance No. 0XX Page 15 of 17 1580933.2 - 366922 -0032 (5) The school district shall annually review and update its capital facilities portion of the city’s comprehensive plan and submit such updated plan to the city by July 1st of each year. The school district’s updated capital facilities plan shall identify projects that are growth-related, include the amount of school impact fees paid, calculate the impact fees as required by RCW 82.02.050 through 82.02.090, and may include a proposed school impact fee schedule adjustment to Appendix C, for consideration by and adoption by the city council in its sole discretion. SECTION 10. A new Section 20.182.128 is hereby added to the Port Orchard Municipal Code to read as follows: 20.182.128 Designation of capital facilities plan for parks. The city designates the Parks Recreation and Open Space Plan (PROS Plan) as the city’s comprehensive capital facilities plan for the purpose of identifying the proposed parks improvement projects reasonable and necessary to meet the future development needs of the service area consistent with the city’s level of service policy, as required by RCW 82.02.050. The PROS Plan identifies the specific subset of parks improvements in the impact fee project list that forms the basis for the parks impact fee program. SECTION 11. Section 20.182.130 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.130 Funding of projects. (1) An impact fee fund is hereby created for parks and transportation fees. Separate accounts shall be established for each fee type. The school district shall be responsible for the creation of its own impact fee fund and shall be solely responsible for the deposit of fees in such fund following transfer from the city, and the calculation/use/refund of such fees. The school district shall manage its impact fee funds in accordance with State law and the Interlocal Agreement between the school district and the city. The director shall be the manager of the city’s fund. The city shall place park and transportation impact fees in appropriate deposit accounts within the impact fee fund. (2) The parks and transportation impact fees paid to the city shall be held and disbursed as follows: (a) The fees collected for each project shall be placed in a deposit account within the impact fee fund, with the exception of school impact fees, which shall be collected by the school district city and then transferred to the school district for deposit into the school district impact fee fund; (b) When the council appropriates capital improvement project (CIP) Page 60 of 317 Ordinance No. 0XX Page 16 of 17 1580933.2 - 366922 -0032 funds for a park or transportation project on the project list, the park or transportation fees held in the impact fee fund shall be transferred to the CIP fund. The nonimpact fee monies appropriated for the project shall comprise both the public share of the project cost and an advancement of that portion of the private share that has not yet been collected in park or transportation impact fees; (c) The first money spent by the director on a project after a council appropriation shall be deemed to be the fees from the impact fee fund; (d) Fees collected after a project has been fully funded by means of one or more council appropriations shall constitute reimbursement to the city of the funds advanced for the private share of the project. The public monies made available by such reimbursement shall be used to pay the public share of other projects; (e) All interest earned on impact fees paid shall be retained in the account and expended for the purpose or purposes for which the impact fees were imposed. (3) Projects shall be funded by a balance between impact fees and public funds, and shall not be funded solely by impact fees. (4) Impact fees shall be expended or encumbered for a permissible use for 10 years after receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. The director may recommend to the council that the city hold park or transportation fees beyond 10 years in cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the council. The superintendent of the school district shall prepare written findings evidencing such extraordinary or compelling reason for fees to be held longer than 10 years which findings shall be approved by the board of directors of the school district. (5) The school district and the director shall prepare an annual report on the impact fee accounts showing the source and amount of all monies collected, earned or received and system improvements that were financed in whole or in part by impact fees. The school district shall be responsible for compliance with RCW 82.02.070. SECTION 12. Adoption of Parks Impact Fee Schedule. In accordance with POMC 20.182.060, the City Council hereby adopts a new parks impact fee schedule which is attached to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This parks impact fee schedule shall become effective on the effective date established in Section 16 below and shall replace and supersede any previously adopted parks impact fee schedule. No other Impact Fee Schedules (transportation or school district) are modified by this Ordinance. Page 61 of 317 Ordinance No. 0XX Page 17 of 17 1580933.2 - 366922 -0032 SECTION 13. Section 12 of this Ordinance is deemed of special effect and shall not be codified. SECTION 14. Effective Date of New Park Impact Fee Schedule. The Park Impact Fee Schedule which is adopted pursuant to Section 12 of this Ordinance shall take effect and be in full force and effect on 12:01 AM on August 1, 2022. SECTION 15. 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 16. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 17. Effective Date. 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 __ day of , 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney , Councilmember PUBLISHED: EFFECTIVE DATE: Page 62 of 317 Appendix A to Ordinance No. XXX-22 20 April 2022 Park Impact Fee Schedule ELOS/ Persons/ Percent Impact fee/ Housing product person unit charged unit Sources: Page 63 of 317 Port Orchard PROS Plan 1 Appendix D: Land and facility demand Park, recreation, and open space land and facility demands can be estimated using population ratios, participation models, level-of- service (LOS) measurements, and/or questionnaire survey methodologies. Ratios The demand for park, recreation, and open space land can be estimated using a ratio of a required facility to a standard unit of population, such as 3.1 acres of athletic fields and playgrounds per 1,000 residents. The ratio method is relatively simple to compute and can be compared with national or local park, recreation, and open space measurements. However, the method cannot account for unique age, social or interest characteristics that may affect the park, recreation, and open space activity patterns within a specific community. Nor can the method compensate for unique climatic or environmental features that may cause seasonal or geographical variations in park, recreation, and open space use patterns. The ratio method is frequently used to estimate land requirements. However, a number of factors may significantly influence the amount of land a community may wish to set-aside for park, recreation, and open space purposes. Such factors may include the presence of sensitive environments, scenic viewpoints, historical or cultural assets, trailheads, and other features that may increase land set-asides along a non-motorized transportation or trail corridor. The National Recreation & Park Association (NRPA) compiles data on the amount of land and facilities that have developed over time by major parks, recreation, and open space departments across the country. Depending on the agency arrangements within the participating cities, the ratios may or may not include the lands and facilities that are provided by all public sponsors including city, school, county, state, federal agencies, and private operators within each measuring jurisdiction. Note - the NRPA began publishing a comprehensive list of ratios in 1985 that have subsequently been updated and qualified to account for local methodologies in the years since. NRPA’s most recent data has been published in the 2019 NRPA Agency Performance Review. The 2019 NRPA Agency Performance Review was collected from 1,075 unique park and recreation agencies across the US based on reports between 2016 and 2018 and is published with medians along with data responses at the lower-quartile (lowest 25%) and upper-quartile (highest 25%). The NRPA Park Metrics (formerly PRORAGIS) report compiles the survey data for type, size, geography, and other agency characteristics. The benchmarks used here are based on the NRPA Park Metrics results for agencies serving populations of 15,000-25,000 and the median responses to the 2019 NRPA Agency Performance Review when Park Metrics data is not available. Note - the ratios are based on parks properties and facilities owned by cities and not on a composite ratio that may include other public, nonprofit, and private or school district facilities available for public use. Participation models Park, recreation, and open space facility requirements can also be determined using variations of participation models – refined, statistical variations of a questionnaire or survey method of determining recreational behavior. Participation models are usually compiled using activity diaries, where a person or household records their participation in specific recreational activities over a measurable period of time. The diary results are compiled to create a statistical profile that can be used to project the park, recreation, and open space behavior of comparable persons, households or populations. Page 64 of 317 2 Port Orchard PROS Plan Participation models are most accurate when the participation measurements are determined for a population and area that is local and similar enough to the population that is to be projected by the model. The most accurate participation models are usually controlled for climatic region and age, and periodically updated to measure changes in recreational behavior in activities or areas over time. Properly done, participation models can be very accurate predictors of an area's facility requirements in terms that are specific and measurable. However, though accurate, participation models can be somewhat abstract, and if not combined with other methods of gathering public opinion, can fail to determine qualitative issues of an area's demands in addition to a facility's quantitative requirements. For example, an area might provide the exact facility quantities that are required to meet the resident population’s park, recreation, and open space demands, such as a mile of walking trail. However, the facility might not be provided with the proper destination, in a quality or safe corridor, or other important, but less measurable aspect that makes the facility quantity effective and the activity a pleasurable experience. The walking trail, for example, might be located in an area of uninteresting scenery and/or in an inaccessible location. This planning effort utilizes the results of the Washington State Recreation & Conservation Office (RCO) surveys for 6 age groups (male and female) for the northeast region of the state (east of the Cascade Mountains) that were accomplished in 2001, 2006, and 2012. The estimates were developed for each activity demand for the peak season periods that would most impact facility capacities and thereby the level of service to local residents. The estimated demands were converted into facility units based on assumed high capacity and turnover rates common to most urban areas of the state. The projected facility unit requirements were then converted into a simple facility unit per 1,000 residents ratio to allow comparison with similar ratios developed by the NRPA and found to be the existing facility level-of-service (ELOS) for each activity. Note - participation models can account for facility capacity ratios that may be expressed through management policies or local population preferences concerning volume of use or the degree of crowding that is satisfactory. However, the model cannot account for all Proposed variations in crowding or volume of use that may vary over the length of a trail, season, or by a different user population at the same time. Nor can the model account for communities that may be impacted by tourist or regional users from outside the modeling area. Existing and Proposed level-of-service (ELOS/PLOS) Facility requirements may also be determined by expressing the supply of existing park, recreation, and open space land and facilities as a ratio to the resident existing population (as a unit ratio per 1,000 persons). The existing level-of-service (ELOS) condition or ratio can define an existing standard for each type of park, recreation, and open space provided within the existing inventory. ELOS ratios can be calculated for specialized types of activities for which there are no comparable national or state definitions. Ultimately, department staff with public assistance through telephone or mailed or internet questionnaires can develop Proposed level-of-service (PLOS) ratios for a specific type of facility by determining the quantity that is considered to be surplus or deficient in quantity or condition within the existing inventory. For example, the existing supply of beach trails in a jurisdiction of 10,000 persons may be 20 miles, or an existing level-of-service (ELOS) standard of 2.00 miles per 1,000 persons or population. The public may determine, however, that under present conditions the existing trails are overcrowded and located in areas that are of little interest for beach walking purposes. Ideally, the public would like to add 10 more miles to the existing inventory in order to reduce crowding and provide access to more Page 65 of 317 Port Orchard PROS Plan 3 interesting sites. The proposal would increase the overall supply to 30 miles and the Proposed level-of-service (PLOS) standard to 3.00 miles per 1,000 persons. Note – this plan compares all 3 methodologies. However, the plan considers the ELOS/PLOS comparison approach to be the most accurate method of resolving final level-of-service requirements since it can account for impacts of: § Out-of-area tourist and regional users, § Combined public and private facility inventories, § Unique environmental or market area dynamics, and § Other variables not proposed to quantify in a participation model or ratio. Land requirements Total park lands The RCO does not have a benchmark for park, recreation, and open space land. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 15,000-25,000 provided a median of 12.6 acres per 1,000 persons in the population that gradually declined as the population increased up to 250,000. * Proposed identifies 2040 requirements including additional land or facilities that are recommended to be added and the level-of-service per 1,000 persons that will result from the addition and the projected population increase over the next 20-year planning period. The level-of- service ratio will decline due to additional population increase (9,651 persons in the city by 2040) if no additional land or facilities are recommended. ** Ratio is expressed per 1,000 residents within Port Orchard (year 2020 city population of 15,117) under Port Orchard and for all public and private facilities under “All total” and “Recommended additional” standard. By comparison, Port Orchard owns 89.7 acres of parkland or a ratio of 5.93 city park acres per every 1,000 residents and the city, county, port, school district, state, and HOAs own 2,419.9 acres or 160.07 acres per 1,000 city residents. However, even though significant, the present allocation is not equally distributed among residential neighborhoods with the UGA. Select acquisitions of additional parkland to be described in following pages, may provide another 224.6 city park acres equal to a ratio of 106.8 of all park acres per 1,000 city residents by the year 2040. The resulting standard should be sufficient to provide equal park distribution for local needs and to conserve important regional attributes in the city for the reasons listed in the following descriptions considering the amount of land provided in or near the city by other public agencies. Resource conservancies Open space preservation or resource conservancies are designed to protect and manage a natural and/or cultural feature, environment or facility - such as a wetland or unique habitat, a natural landmark or a unique cultural setting. By definition, resource conservancies are defined by areas of natural quality for nature-oriented outdoor recreation, such as viewing and studying nature, wildlife habitat, and conservation. Open space preservations or resource conservancies should be located to encompass diverse or unique natural resources, such as lakes, streams, marshes, flora, fauna, and topography. Recreational use may be a secondary, non-intrusive part of the property - such as an interpretative trail, viewpoint, exhibit signage, picnic area or other feature. In practice, there aren’t minimum or maximum benchmarks concerning conservancies - a site should provide whatever is necessary to protect the resource. Page 66 of 317 4 Port Orchard PROS Plan Port Orchard presently provides 76.5 acres of open space and resource conservancies or a ratio of 5.06 acres per 1,000 residents and the city, county, state, port, and HOAs provide 1,398.5 acres or a ratio of 92.51 acres per 1,0000 city residents. The ratio includes portions of the city’s Bethel South Property, Bravo Terrace Open Space, Lundberg Park, McCormick Village Park, Mitchell Park, Old Clifton Wetlands, Paul Powers Junior Park, Seattle Avenue Property, and Van Zee Parks as well as Bill Bloomquist Rotary Park, Howe Farm County Park, Kitsap County Park, Long Lake County Park, South Kitsap Regional Park, Veterans Memorial Park, Square Lake State Park, numerous HOA open spaces, and South Kitsap School District’s Cedar Heights Forest. While the present supply (existing level-of-service (ELOS) standard) does not need to be increased through purchase, the city’s critical areas ordinance should continue to protect these important resource conservancies and if necessary, acquire development rights if portions of these private landholdings are in jeopardy of development or in order to provide public access for Proposed wildlife habitat and trail corridors. Sites that merit consideration for acquisition if necessary to conserve riparian habitat, wetlands, ponds, streams, and wooded hillsides include 165.1 acres along Blackjack and Ross Creeks, Ross Point Hillsides, Stormwater Park, Johnson Creek daylighting, and Etta Turner Park expansion that will increase the conservancy lands to 1,563.6 acres of all agencies or a ratio 63.1 acres per 1,000 city residents by 2040. Resource activities Resource activities are defined by areas of natural or ornamental quality for outdoor recreation such as picnicking, boating, fishing, swimming, camping, and local parks trail uses. The site may also include play areas, such as playgrounds and open grassy play fields as long as these areas support the primary outdoor recreational features. The site should be contiguous to or encompassing natural resources including resource conservancies. In practice, there aren’t minimum or maximum benchmarks concerning conservancies - a site should provide whatever is necessary to protect the resource. Port Orchard presently provides 15.6 acres of resource active parks or a ratio of 1.03 parks per 1,000 residents and the county, state, port, and HOAs provide 551.1 acres or 35.46 acres per 1,000 city residents. The ratio includes portions of the city’s Bethel South Property, Lundberg Park, McCormick Village Park, Paul Powers Junior Park, and Van Zee Parks as well as Bill Bloomquist Rotary Park Howe Farm County Park, Long Lake County Park, South Kitsap Regional Park, Veterans Memorial Park, Square Lake State Park, and HOA Deer Park. However, 16.0 acres should be acquired to conserve resource access at Ruby Creek Regional Park and Mitchell Point that will increase the ratio of resource parks to 22.9 acres per 1,000 city residents by 2040. Linear trails Linear trails are built or natural corridors, such as abandoned or surplus railroad lines, undeveloped road-rights-of-way, and active utility rights-of-way or natural areas defined by drainage features, topographical changes, wooded areas or vegetation patterns that can link schools, libraries, or commercial areas with parks. Generally, linear trails may be developed for multiple modes of recreational travel such as hiking, biking or horseback riding. The trail system may parallel established vehicular or other transportation systems, but apart from and usually within a separate right-of-way. Linear trail corridors may also include active play areas or trailhead development located in other types of parkland. Page 67 of 317 Port Orchard PROS Plan 5 Trail systems should be anchored by public facilities, like a school or park that may serve as a destination or trailhead and extend into the surrounding residential areas using natural features or established roads, sidewalks, or other safe travel corridors. Ideally, a minimum trail system should be at least 3-5 miles long and provide the ability to loop back to the point of origin. The trail should be sufficiently wide enough to provide for the type of trail user(s) that it is accommodating, preserve the features through which the trail is traveling, and buffer adjacent land use activities. In practice, there aren’t benchmarks concerning linear trails. An agency should provide as many miles as Proposed considering the trail opportunities a city’s geography provides. Port Orchard presently provides 1.5 dedicated acres of linear trail corridor or a ratio of 0.10 acres per 1,000 residents consisting of the Bay Street Pedestrian Path and McCormick Woods Trail and an extensive system of trails in resource parks that are not counted as separate acreages. No other agencies provide dedicated acreage for off-road multipurpose trails. Additional multipurpose trails will be added within the existing rights-of-way of Bay Street, Old Clifton Road, SW Berry Lake Road, Glenwood Road, Sedgwick Road, Sidney Road, SR-16, and Bay Street to Kitsap Regional Park. Port Orchard has considerable and sufficient trail acreage resources were these trail segments as well as the park trails integrated to the resource parks. Nonetheless, the city should acquire 11.0 acres to continue to expand and connect the Bay Street Pedestrian Path and East Gateway systems with all remaining parks and schools within the city to achieve a city trail ratio of 0.50 acres per 1,000 city residents by 2040. Playgrounds and athletic fields Athletic fields and playgrounds are designed for intense recreational activities like field and court games, playground apparatus areas, picnicking, wading pools, and the like. A suitable athletic field and playground site should be capable of sustaining intense recreational development. The site should be easily accessible to the using population and ideally should be linked to the surrounding area by walking and biking trails and paths. Typically, athletic fields and playgrounds may be included within or jointly developed in association with an elementary, middle or high school facility. The desired service area for an athletic field or playground complex depends on the competitive quality to which the facility is developed and the resident using population that the site is intended to serve. Regionally oriented athletic sites may include 4 or more competitive, high quality soccer, baseball or softball fields serving organized leagues drawn from surrounding communities or areas - which may include the approximate service area for a high school. Local (community or neighborhood) oriented athletic fields and playgrounds may consist primarily of a playground and a grassy play area, possibly including 1 or more practice or non-regulation athletic fields. Local athletic fields and playgrounds serve residents of an immediately surrounding residential area from a quarter to half-mile radius - the service area for an elementary school. In practice, there aren’t minimum or maximum benchmarks concerning athletic fields and playgrounds. An agency should provide sufficient playgrounds within a 0.5-mile walking distance of most residents and athletic fields to accommodate most league activities of local, younger age residents. Port Orchard presently provides 65.4 acres or a ratio of 4.33 acres per 1,000 residents of playgrounds and athletic fields. All agencies Page 68 of 317 6 Port Orchard PROS Plan combined including the city, county, school district, and HOAs provide 278.8 acres or 18.44 acres per 1,000 city residents. Athletic fields are generally distributed and available within the city at the city’s Paul Powers Junior Park and Van Zee Park as well as Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, Deer Park, and junior/middle and high schools when scheduled with the school district. However, the existing picnic, playground, sports court, and field sites are not evenly distributed within a 5 or 10-minute walk of all residential neighborhoods. Consequently, 12.0 acres equal to 3 additional neighborhood parks should be acquired and developed to improve the availability and capacity of neighborhood parks within the city and UGA to realize a city playground and athletic field ratio of 11.74 acres per 1,000 city residents by 2040. Recreation centers/pools Recreation centers and pools are indoor and outdoor facilities providing swimming pools, physical conditioning, gymnasiums, arts and crafts, classrooms, meeting rooms, kitchen facilities, and other spaces to support public recreation programs for school-age children (but not students), teens, senior, and other resident populations on a full-time basis. For the purposes of this PROS Plan, recreation centers and pools are defined to include all city, county, school-owned, non-profit, and private facilities that are available for public use. The desired service area for a recreation center/pool depends on the extent of the recreational program services to be offered in the facility and the building's potential size and site relationships. Community oriented recreation centers may include a variety of competitive swimming pools, gymnasiums, or courts along with/or in place of a series of public classroom and meeting facilities, a teen and/or senior center and/or a daycare facility providing indoor building space. And/or a community-oriented recreation center may be jointly sited with an athletic park or playground, or in association with a library, civic center or other public meeting facility. Community oriented recreation centers may be jointly shared with school districts or a part of other city or county building complexes that serve a city or larger surrounding community area. Local recreation centers may consist primarily of a single facility use - like a classroom or gymnasium complex and/or that may be sited as a lone building oriented to a single user group - like a teen or senior center. Local recreation centers serve residents of an immediately surrounding residential area from a quarter to half- mile radius - which is the approximate service area for an elementary school. In practice, there aren’t minimum or maximum benchmarks concerning recreation and community center acreages. An agency should provide sufficient land considering the availability of other public, nonprofit, and private facilities within the local area. Port Orchard does not presently provide any indoor recreation facilities though the county assets include Givens Community- Senior Center or 4.2 acres or 0.27 acres per 1,000 city residents. The existing level-of-service would likely exceed recreation center objectives were the inventory to include indoor space provided by South Kitsap School District and some nonprofit and private facilities. However, school facilities are not available for use during school hours to meet the needs of seniors, parents, or pre-school children and the private clubs do not provide facilities for low- income participants. The city proposes to jointly develop 0.5 acres for a Community Events Center with the Kitsap Public Facility District (KPFD) that will include a new library, extensive meeting and classroom facilities, a small physical conditioning room, and administrative space in the downtown that will provide a ratio of 0.19 acres by 2040. Page 69 of 317 Port Orchard PROS Plan 7 Special use facilities Special use facilities are single-purpose recreational activities like arboreta, display gardens, nature centers, golf courses, marinas, zoos, conservatories, arenas, outdoor theaters, and gun and archery ranges. Special use facilities may include areas that preserve, maintain, and interpret buildings, sites, and other objects of historical or cultural significance, like museums, historical landmarks, and structures. Special use areas may also include public plazas or squares or commons in or near commercial centers or public buildings. There aren’t benchmarks concerning the development of special use facilities - demand being defined by opportunity more than a ratio. Nor are there minimum or maximum facility or site sizes - size being a function of the facility rather than a separately established design standard. Port Orchard does not provide special use facilities though the county, port, school district, nonprofit, and for-profit agencies provide 651.1 acres or 43.07 acres per 1,000 city residents consisting of Cedar Heights Middle School greenhouses, Sidney Museum, Log Cabin Museum, Veteran’s Living History Museum, Village Greens Golf Course, McCormick Woods Golf Club, Gold Mountain Golf Club, Trophy Lake Golf & Casting, Port Orchard Marina, Port Orchard Yacht Club, Sinclair Inlet Marina, and Port Orchard Railway Marina. Port Orchard does not plan on providing any special use facilities given the extent of special use facilities provided by other sponsors. Support facilities Support facilities include administrative office space, indoor meeting rooms, shop and equipment maintenance yards, plant nurseries, and other buildings and sites necessary to service the park system that are located outside of park properties. There aren’t benchmarks concerning the development of support use facilities - demand being defined by functional operating requirements more than a ratio. Nor are there minimum or maximum facility or site sizes - size being a function of the type of facility space required and whether the facility space is shared with other jurisdiction support functions rather than a separately established design standard. Port Orchard provides 5.6 acres or 0.37 acres per 1,000 residents of supporting facilities including the Public Works Maintenance Yard located on Vivian Court and South Shed Facility located on Sidney Avenue – administrative office space is provided in Port Orchard City Hall. The current acreage is sufficient to meet current and projected needs. Facility requirements Number of parks The RCO does not have a benchmark for the number of parks that should be provided per 1,000 residents. According to National Recreation & Park Association (NRPA) 2020 NRPA Agency Performance Review agencies serving populations under 20,000 provided a 1 park per 1,300 residents or 0.77 parks per 1,000 persons. Port Orchard currently provides 18 parks including resource conservation sites, resource, linear trails, athletic fields and playgrounds, recreation and community centers, special uses, and Page 70 of 317 8 Port Orchard PROS Plan maintenance facilities or a ratio of 1.19 parks per 1,000 city residents. The city, county, port, state, and HOAs provide a total of 45 parks or 2.98 parks per 1,000 city residents The plan proposes to add 3 more park sites that will provide geographic distribution of local parks within a 5 and 10-minute walking distance of all residential neighborhoods within the city and UGA that will realize a ratio of 1.94 parks per 1,000 city residents by 2040. Community gardens There is no behavioral data with which the participation model can project community garden or pea patch requirements – meaning specific areas set aside for the planting of ornamental and vegetable plots. According to National Recreation & Park Association (NRPA) 2020 Agency Performance Review agencies serving populations under 20,000 provided a community garden per 7,914 residents or 0.13 garden sites per 1,000 persons in the population. Port Orchard does not currently provide community garden plots though the Kitsap School District provides a school garden at Cedar Heights Middle School or a ratio of 0.07 per 1,000 city residents. The plan proposes to provide 1 city sponsored community garden plots at a proposed neighborhood park site near Bethell/Salmonberry Road or a ratio of 0.08 gardens per 1,000 city residents by 2040. Waterfront access There is no behavioral data with which the participation model can project waterfront access requirements – meaning shoreline access for fishing and swimming purposes. The NRPA does not have a benchmark for waterfront access. Port Orchard provides waterfront access at 3 sites or 0.120 sites per 1,000 residents including DeKalb Pier, Etta Turner Park, and Rockwell Park. The city, port, county, and state provide 9 sites on Sinclair Inlet, Long Lake, and Square Lake or 0.60 sites per 1,000 city residents. The city will add 7 additional sites on Sinclair Inlet to increase access to Sinclair Inlet along the Bay Street Pedestrian Path and proposed Mosquito Fleet Trail or a ratio of 0.65 waterfront access sites per 1,000 city residents in 2040. Kayaking, canoeing, and sailing There are no participation model standards for kayak or canoe hand-carry launch sites or facilities. The NRPA does not have a benchmark for kayaking or hand-carry craft launching facilities. Port Orchard provides non-motorized or hand-carry craft (kayak, canoe, or sailboat) access sites at DeKalb Pier and Rockwell Park or 0.13 sites per 1,000 city residents. The city, port, state, and other public agencies provide a total of 8 sites or 0.53 sites per 1,000 city residents. Additional designated hand-carry launch sites will be provided at Ross Point and Bay Street/SR-16 or a total of 4 sites or a ratio of 0.48 sites per 1,000 city residents by 2040. Boating There are no participation model standards for boat launch ramps, floating platforms or docks, and boat moorage slips. The NRPA does not have a benchmark for boating facilities. Page 71 of 317 Port Orchard PROS Plan 9 Port Orchard does not provide boat launch sites though the Port provides the Port Orchard Boat Ramp partly on city street right-of- way for a total of 1 site or 0.07 sites per 1,000 city residents. This should be sufficient given the port’s boat ramp and the 4 adjacent marinas on Sinclair Inlet. Picnic tables and shelters Participation model projections indicate public agencies should be providing a ratio of 1.77 picnic tables and benches of all types (open and under shelters) per every 1,000 residents then gradually decline to 1.67 as the population ages. The NRPA does not have a benchmark for picnic facilities. Port Orchard presently provides 13 picnic tables and 3 picnic shelters or a ratio of 0.86 picnic tables and 0.20 picnic shelters per 1,000 city residents. The city, county, state, and HOAs provide 22 picnic tables and 3 picnic shelters or a ratio of 1.46 tables and 0.20 shelters per 1,000 city residents. In general, Port Orchard parks do not provide a sufficient number of tables and shelters within a 5 to 10-minute walking distance to meet the requirements for local residents in a distributed pattern across the city and UGA. Consequently, another 14 picnic tables and 6 picnic shelters will be provided at Givens Field, McCormick Village Park, Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, as well as 3 proposed neighborhood park sites to meet future population growth, distribute facilities across the city, meet group facility user needs, and resident interests. Multipurpose bike and hike trails Participation model projections indicate public agencies should be providing a ratio of 0.15 miles of walking or hiking trails and 0.30 miles of bicycling trails within a separated multipurpose trail corridor per every 1,000 city residents. The ratio will decline to 0.14 walking and 0.29 biking trails per 1,000 residents as the population ages. The NRPA does not have a benchmark for trails per 1,000 residents. Port Orchard presently provides 2.60 miles of off road trail or a ratio of 0.17 miles per 1,000 residents consisting of the Bay Street Pedestrian Path. All agencies combined provide 3.64 total miles or a ratio of 0.24 miles per 1,000 residents including McCormick Woods Trail. An additional 3.89 miles of off-road trail or a ratio of 0.30 miles per 1,000 residents by 2040 will be added when the Bay Street Pedestrian Path is extended and a multipurpose trail is connected with Veterans Memorial and South Kitsap Regional Park. Port Orchard does not provide on-road trails of sidewalks or paths. All agencies combined provide 2.60 miles or a ratio of 0.17 miles per 1,000 residents including McCormick Woods Road. An additional 4.78 miles or a ratio of 0.30 miles per 1,000 residents by 2040 will be added with on-road sidewalk and path constructions on Old Clifton Road, Blueberry Lake Road, Glenwood Road, Sedgwick Road, Sidney Road, and Port Orchard Boulevard. Page 72 of 317 10 Port Orchard PROS Plan Park trails There are no participation standards for park or day hiking trails. The participation model projections indicate public agencies should be providing a ratio of 0.15 miles of park walking or day-hiking trails per every 1,000 residents declining to 0.14 miles as the population ages. The NRPA does not have a benchmark for park trails per 1,000 residents. Port Orchard presently provides 0.48 miles or a ratio of 0.03 miles of park trails per 1,000 residents in McCormick Village and Van Zee Parks. All agencies combined provide 5.20 miles of park trails or a ratio of 0.34 miles per 1,000 residents in Bill Bloomquiest Rotary, Howe Farm County, South Kitsap Regional, Veterans Memorial, Square Lake State, Deer Parks, and Stetson Heights. An additional 3.08 miles or a ratio of 0.33 miles of park trails per 1,000 residents will be added at Ruby Creek Regional Park, McCormick Village Park, and Stormwater Park. Off-leash dog parks There are no RCO participation model standards for off-leash dog parks or trails. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.0226 dog parks per 1,000 persons in the population. Port Orchard provides a designated off-leash dog park in McCormick Village Park or a ratio of 0.07 per 1,000 residents. All agencies combined provide another designated off-leash dog trails in Howe Farm County Park or 0.13 dog parks per 1,000 residents. Off-leash dog parks are unique facilities reserved exclusively for pet exercise, training, and social interaction. Generally, such facilities cannot be shared with other park activities. Off-leash dog trails may be shared with limited other trail activities if the volumes are relatively low and the animals are well trained. An additional dog park or off-leash area could be located in Central/Clayton Park or a ration of 0.12 dog parks per 1,000 city residents by 2040. Separately, Port Orchard may consider designating some portions of park trails for shared off-leash dog use where shared use will not detract from other users or create hazards between dogs. Playgrounds The participation model projections indicate public agencies should be providing a ratio of 0.60 playgrounds and tot lots of all types per every 1,000 residents then gradually decline to 0.53 playgrounds as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.56 playgrounds and tot lots per 1,000 persons. Port Orchard presently provides 8 playgrounds or a ratio of 0.53 playgrounds per 1,000 residents at 8 city parks at Central/Clayton Park, Givens Field/Active Club, McCormick Village, Paul Powers Junior Park, Rockwell, Van Zee Parks, and Windfall Place Tot Lot. All public and private agencies combined including elementary schools, provide 32 covered and uncovered playgrounds or a ratio of 2.12 playgrounds per 1,000 residents. All public and private agency facilities combined provide a significant inventory to provide for playground activities assuming Page 73 of 317 Port Orchard PROS Plan 11 the school facilities are available for public use and located in safe and secure areas for after school activities. However, the present supply is not evenly distributed throughout the city or UGA to provide equal access to all city neighborhood areas particularly within southwest and southeast Port Orchard. Additional playgrounds and play areas should be provided in 9 parks including McCormick Village Park, Bill Bloomquist, Veterans Memorial Park, and 6 new neighborhood parks or a ratio of 1.66 playgrounds per 1,000 city residents or 2040. Skateboard courts and pump tracks There are no RCO participation model standards for skateboard courts or skate dots or climbing walls - or similar roller-blade or in- line skating activities. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.02 skateparks per 1,000 persons. Port Orchard does not currently provide a skateboard park or skate facility. Kitsap County provides a skatecourt at South Kitsap Regional Park and Peninsula Indoor BMX, a private vendor, provides a 24,201 square foot indoor skate and BMX facility including practice ramps, rails, and other equipment in the immediate area or a ratio of 0.13. The demand for these facilities will increase to meet the needs of younger age residents for beginner, experienced, and some competitive or advanced activities at locations distributed across the city and adjacent to developed areas where skateboarders are now using unauthorized public and private properties for this activity. At least 5 skateboard fixtures or ramps or “skate dots” should be installed across the city in Givens Field, Van Zee Park, Bill Bloomquist Rotary Park, and Veterans Memorial Park or a ratio of 0.28 skateboard options per 1,000 city residents by 2040. In addition, a “Pump Track” or a circuit of rollers, banked turns, and features designed to be ridden completely by riders "pumping"— generating momentum by up and down body movements, instead of pedaling or pushing should be developed at Ruby Creek Regional Park or a ratio of 0.04 tracks per 1,000 city residents by 2040 to meet the growing interests of this emerging youth activity. Outdoor basketball/sports courts Participation model projections indicate public agencies should be providing a ratio of 0.10 basketball/sports courts of all types per every 1,000 residents and then gradually decline to a ratio of 0.09 as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.10 basketball and 0.04 multiuse or sports courts per 1,000 persons. Port Orchard presently provides 2 outdoor uncovered courts or a ratio of 0.13 courts in Central/Clayton and Paul Powers Junior Parks per 1,000 residents. All public and private agencies combined provide 7 uncovered courts or a ratio of 0.46 courts per 1,000 residents in Long Lake, Chanting Circle, Deer, and Mary McCormick Memorial Parks and Mullenix Ridge and Sunnyslope Elementary schools assuming the school facilities are available for public use and located in safe and secure areas for after school activities. However, these facilities are not evenly distributed across the city and currently improved only for basketball. Consequently, the existing courts should be reconfigured into sports courts to accommodate basketball, pickleball, and volleyball and 6 more Page 74 of 317 12 Port Orchard PROS Plan sports courts should be added at Givens Field/Civic Club, Stormwater Park, Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, and 1 new neighborhood park for a ratio of 0.52 courts per 1,000 city residents by 2040. Tennis/pickleball courts – in/outdoor Participation model projections indicate public agencies should be providing a ratio of 0.24 tennis/pickleball courts per every 1,000 residents then gradually decline to 0.22 as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.23 outdoor tennis courts per 1,000 persons. However, neither standard effectively accounts for the growing use and popularity of pickleball, particularly for older age groups. NRPA RCO PO existing All total All proposed Courts 4 13 19 /1,000 0.23 0.22 0.26 0.86 0.77 Port Orchard presently provides 4 lighted outdoor tennis courts or a ratio of 0.26 outdoor tennis courts per 1,000 residents at Givens Field/Active Club and Van Zee Parks. All public and private agencies combined provide 13 courts or a ratio of 0.86 outdoor tennis courts per 1,000 residents including Mary McCormick Memorial Park and South Kitsap High School. Pickleball court overlays will be added to all existing tennis courts, particularly at public parks, to reflect the growing interest in this activity. An additional 6 more lighted tennis/pickleball courts or a ratio of 0.77 courts per 1,000 residents should be added at the future middle/high schools site in McCormick Woods and a new community park at Bethell/Salomonberry Road to provide access. Soccer/lacrosse fields Participation model projections indicate public agencies should be providing a ratio of 0.32 competition or regulation soccer/lacrosse fields per every 1,000 residents then gradually decline to 0.29 as the population ages. The projections do not estimate youth or practice field requirements. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.39 rectangular competition fields for soccer and lacrosse and 0.08 multipurpose synthetic and overlay fields per 1,000 persons or 0.47 fields in total. NRPA standards do not estimate youth or practice field requirements. Port Orchard presently provides 2 practice or youth fields or a ratio of 0.13 fields per 1,000 residents including an informal grass clinic play area for young children at Central/Clayton Park, and standard regulation field at Van Zee Park or 0.07 regulation fields per 1,000 city residents. All agencies combined provide 10 youth or practice and 17 regulation fields or a ratio of 0.66 youth or practice and 1.12 regulations fields per 1,000 residents at Bill Bloomquist Rotary, South Kitsap Regional, Veterans Memorial, and Deer Parks and East Port Orchard, Hidden Creek Mullenix Ridge, Orchard Heights, Sidney Glen, and Sunnyslope Elementary, Marcus Whitman Middle Schools, and Explorer & Hope Academies. A number of the existing park and school fields should be improved with drainage, irrigation, and possibly lighting on some fields to provide adequate and safe practice and competition events. An additional 1 youth or practice and 5 adult fields should be added at Van Zee Park, a new neighborhood park at Blueberry/Ramsey/Geiger Road, and the future middle/high school property in McCormick Woods,to meet local youth and practice needs and regional competition games. Page 75 of 317 Port Orchard PROS Plan 13 An existing field at Givens Field/Civic Club should be improved with artificial turf to increase game capacity. Baseball/softball fields Participation model projections indicate public agencies should be providing a ratio of 0.53 regulation (250+ feet) baseball and softball fields of all per every 1,000 residents then gradually decline to 0.49 as the population ages. Participation models do not estimate T-Ball or youth field requirements. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.30 regulation baseball/softball youth and 0.08 adult fields per 1,000 persons. Port Orchard presently provides 2 T-Ball, 1 youth, and 2 adult fields or a ratio of 0.67 youth and 0.13 regulation fields per 1,000 residents at Central/Clayton Park, Givens Field/Active Club, and Van Zee Park. All agencies combined provide 2 T-Ball, 8 youth, and 17 adult fields or a ratio of 0.53 youth and 1.12 regulation fields per 1,000 residents including Bill Bloomquist Rotary, Long Lake County, South Kitsap Regional, Veterans Memorial, and Deer Parks and East Port Orchard, Hidden Creek, Mullenix Ridge, Orchard Heights, Sidney Glen, and Sunnyslope Elementary and Marcus Whitman, and Explorer & Hope Academies. The supply includes a large number of un-improved park and school fields that are capable of providing safe or functional practice use let along regulation game fields for youth or adult play. These fields should be improved with drainage, irrigation, grass or turf surfaces, and possibly lighting on some fields to provide adequate and safe practice and competition events. An additional 2 youth (200-foot) field capacity could be developed at Hidden Creek and Sunnyslope Elementary Schools, 5 additional 250+-foot fields could be developed at a neighborhood park at Blueberry/Ramsey/Geiger Road, the future middle/high school site, and East Port Orchard Elementary School, 10 additional 250+-foot fields could be improved at Van Zee Park, East Port Orchard, Hidden Creek, Mullenix Ridge, Orchard Heights Elementary Schools, Marcus White Middle School, and the future middle/high school site, and 3 new 300-foot fields could be developed at the new Blueberry/Ramsey/Geiger Road and future middle/high school site to increase practice and game capacity for all age groups and field distribution. Swimming pool Participation model projections indicate public agencies should be providing a ratio of 541 square feet of swimming pool area or 0.04 of 13,454 square feet of an Olympic sized swimming pool per every 1,000 residents declining to 503 square feet as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 outdoor swimming pools per 1,000 persons. Port Orchard School District provides an indoor Olympic sized 50- meter pool at South Kitsap High School property or a ratio of 0.07 pools per 1,000 residents. The Port Orchard School District could consider developing a leisure pool facility at the future school site in McCormick Woods to expand and diversify swimming options. Recreation centers There are no comparable participation model data with which to project demand for indoor recreation center facilities. Page 76 of 317 14 Port Orchard PROS Plan According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 recreation centers per 1,000 persons. Port Orchard does not currently provide fitness facilities though private agents provide 35,388 square feet or 2,341 square feet per 1,000 residents at Westcoast Fitness, Crossfit NWNW, and Olympic Fitness Club. Port Orchard will provide 600 square feet of fitness facility in the KPFD Community Events Center or a ratio of 1,453 square feet per 1,000 residents by 2040. Port Orchard does not provide gymnasium facilities through other public agencies provide 36,000 square feet of youth and 39,300 square feet of NCAA or 75,300 total square feet or 4,981 square feet per 1,000 residents in Givens Community & Senior Center, East Port Orchard, Hidden Creek, Mullenix, Orchard Heights, Sidney Glen, and Sunnyslope Elementary and Cedar Heights, Marcus Whitman Middle, and South Kitsap High Schools. Additional gymnasium facilities will be developed at the future middle/high school site including a possible 8,400 square foot multipurpose and 14,100 square foot NCAA regulation gym or 22,500 total square feet or a ratio of 3,949 square feet per 1,000 residents by 2040. Most of the gymnasium inventory is in public schools that are not available for use by the public during daytime and some evening hours. Existing facilities may not be sufficient to provide public access to recreational facilities by retired persons, at-home mothers, or workers during school hours. Meeting rooms There are no comparable participation model data or NRPA standards with which to project demand for publicly accessible meeting facilities. Port Orchard provides 2,000 square feet or 132 square feet of meeting room facilities per 1,000 residents at City Hall and Library. All public and private agencies combined provide 22,100 square feet or 1,462 square feet per 1,000 residents at the Givens Community & Senior Center, Long Lake County Park, Horstman Heights Pocket Park, Boys & Girls Club of South Puget Sound, Port Orchard American Legion, Port Orchard Masonic, Center, and Port Orchard Eagles. Some of the meeting room inventory is in private facilities that may not be available for public use without a membership or rental fee and may not be available for public use during normal day or evening hours. An additional 6,000 square feet of meeting facilities including a theater or event space, large meeting room, medium sized meeting room, conference room, and restaurant banquet space will be provided in the KPFD Community Event Center for a ratio of 1,135 square feet per 1,000 residents by 2040. Community centers There are no comparable RCO participation model data with which to project demand for public indoor community center facilities. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 community centers per 1,000 persons or 1,612 square feet where an average community center is 53,725 square feet. Page 77 of 317 Port Orchard PROS Plan 15 NRPA RCO PO existing All total All proposed Center 0 24,000 34,600 /1,000 1,612 Na 0 1,588 1,397 Port Orchard does not currently provide multipurpose community center space including classrooms, workshops, or studios. Kitsap County provides 24,000 square feet or 1,588 square feet per 1,000 residents for Aging & Long-Term Care, Montessori school, Head Start, and other community organizations and activities. South Kitsap School District provides classrooms, workshops, and art and music studios in elementary, junior/middle, and high schools that are available for public use after school hours but not during daytime hours for public use for preschool, seniors, or other at-home family members The KPFD Community Event Center will provide 10,600 square feet of community space including a public library or 1,397 square feet per 1,000 residents by 2040. Museums There are no RCO participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Museum 0 7,684 7,684 /1,000 Na Na 0 508 310 Port Orchard does not provide museum space though nonprofits provide 7,684 square feet per 1,000 residents in the Sidney, Log Cabin, and Veteran’s Living History Museums. Any additional museum space will depend on these and similar organizations. Golf There are no participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Holes 0 90 90 /1,000 Na Na 0.00 5.95 3.63 Port Orchard does not provide golf facilities though other public and nonprofits provide 90 holes per 1,000 residents at the Village Greens, McCormick Woods, Gold Mountain, and Trophy Lake clubs and courses. Any additional golf facilities will depend on these and similar organizations. Marinas There are no RCO participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Slips 0 281 281 /1,000 Na Na 0 19 11 Port Orchard does not provide marina facilities though other public and private agencies provide 281 side ties, open, and covered slips or 19 slips per 1,000 residents at the Port’s Port Orchard Marina, and private Port Orchard Yacht Club, Sinclair, and Port Orchard Railway Marinas. Any additional marina facilities will depend on these and similar organizations. Equestrian facilities There are no RCO participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Holes 0 3 3 /1,000 Na Na 0.00 0.20 0.12 Port Orchard does not provide equestrian facilities though other nonprofit and private agents provide 3 stables, outdoor arenas, and indoor riding barns or 0.20 facilities per 1,000 residents at the Clover Valley Riding Center, Riding Place, and Kitsap Saddle Club. Page 78 of 317 16 Port Orchard PROS Plan Any additional equestrian facilities will depend on these and similar organizations. Support facilities There are no RCO participation model standards with which to project supporting administrative office, equipment and shop maintenance yards, and plant nursery requirements. The NRPA does not have a benchmark for park supporting facilities. NRPA RCO PO existing All total All proposed Acres 5.59 5.59 5.59 /1,000 Na Na 0.37 0.37 0.23 Sq ft 13,000 13,000 13,000 /1,000 Na Na 860 860 525 Port Orchard provides 1.82 acres yard at the Public Works Maintenance Yard at Vivian Court and 3.77 acres at the South Shed Facility at Sidney Avenue or 5,59 acres in total or 0.37 acres per 1,000 residents. Port Orchard provides 1,000 square feet of office and 12,000 square feet of park maintenance yard facilities or a ratio of 860 square feet per 1,000 residents at City Hall and the Maintenance Yard. The facilities are sufficient to meet present needs for existing park facilities but could require additional space at these sites or satellite facilities in existing or future parks. Future growth implications The Washington State Office of Financial Management (OFM) and the Port Orchard Community Development Department expect the population of the city within the urban growth area will increase from 15,117 persons in 2020 to an estimated 24,768 persons by the year 2040 – or by 9,651 or 64% more persons. This forecasted population increase will create significant requirements for all types of parks, recreation, and open space lands and facilities in the city especially within the downtown area scheduled for higher density development. The population forecasts do not include expected increases in regional tourists and users who also frequent city parks, recreational facilities, trails, and open spaces. Port Orchard/Port Orchard ELOS value 2020 Supply Value Land acres 96.2 $ 15,332,000 Facility units 24,531 $ 35,302,472 Total $ 50,634,472 Value/capita $ 3,349 Value/household* $ 8,139 * Household of 2.43 persons per unit Port Orchard/Port Orchard ELOS (existing level-of-service) requirement 2020-2040 2020 Supply 2040 Deficit 2040 Cost Land acres 96.2 61.4 $ 9,788,260 Facility units 24,531 15,661 $ 22,537,815 Total cost $ 32,326,076 Under the existing level-of-service (ELOS) for Port Orchard owned park land and facilities in the city, the forecasted population increase will create a city-wide need for an additional 61.4 acres of land and 15,661 facility units (square feet, courts, fields, etc.) by the year 2040. The continuation of the city's existing level-of-service (ELOS) could require an expenditure of $32,326,076 by the year 2040 simply to remain current with present standards - not accounting for any maintenance, operation or repair costs. The approximate cost of sustaining the city's existing level-of- service (ELOS) standard would be equal to about $3,349 per every new person added to the city's population or about $8,139 for every new housing unit. This assumes Port Orchard would continue to Page 79 of 317 Port Orchard PROS Plan 17 maintain the same ratio of parklands and facilities for the future population that the city has in the past. Composite PLOS (Proposed level-of-service) requirement 2020- 2040 2020 Supply 2040 Addns 2040 Cost Land acres 2,197.8 224.6 $ 18,886,350 Facility units 154,568 29,219 $ 127,901,071 Total cost $ 146,787,421 Port Orchard cost $ 68,874,553 Port Orchard % 47% Under the composite agencies Proposed level-of-service (PLOS) for all public and privately-owned park land and facilities in the city, the forecasted population increase will create a city-wide proposal for an additional 224.6 acres of land and 29,219 facility units (square feet, courts, fields, etc.) by the year 2040. This assumes these agencies would supplement the existing inventory as described within this chapter rather than simply extending the same ratios into the future. The realization of the composite agencies Proposed level-of-service (PLOS) for all agencies could require a total of $146,787,421 by the year 2040 - not accounting for any maintenance, operation or repair costs. Based on the project proposals described in the plan chapters, Port Orchard’s parks, recreation, and open space share of the cost would be $68,874,553 or 47%. Built encroachments However, if these proposals are not realized soon the present trend of increasing developments may: § Encroach upon - or preclude the preservation and public accessibility of the more sensitive and appealing environmental sites, particularly those proposed for cross city trail corridors and additional sensitive land preservations along riparian corridors and shorelines, and § Develop - or otherwise preclude the purchase and development of suitable lands for playgrounds, picnic shelters, waterfront access, and other neighborhood facilities. Forcing city residents to: § Use crowded - picnic areas, playgrounds, community centers, and hike and bike on crowded trails, § Commute to play - at overcrowded existing facilities in the city and/or organized recreational programs may have to be reduced, and § Commute to use - available facilities in other areas of the city, particularly out of Port Orchard and/or to other jurisdictions parks and/or programs may have to be curtailed to prevent severe overcrowding conditions in the facilities that do provide such services. Such actions would be to the detriment of city residents who have paid the costs of developing and operating these facilities. Financial implications These levels of facility investment may not be solely financed with the resources available to Port Orchard if the city pursues an independent delivery approach or uses traditional methods of funding. Port Orchard will not be financially able to develop, manage, and maintain a comprehensive, independent park, recreation, and open space system using only traditional financing methods in light of the needs projected. These needs require a citywide financing approach by Port Orchard and where appropriate in partnership with Port Orchard School District, Port of Bremerton, and Kitsap County, as well as proposed nonprofit or for-profit partners. A citywide approach may use a combination of shared user fees, excise taxes, joint grant applications, impact fees, and voter approved property tax levies to maintain and improve facilities in the face of continued city population increases. Page 80 of 317 18 Port Orchard PROS Plan 8 March 2022 Existing level-of-service (ELOS) requirements for city facilities Population in development 1 Population in city 2020 15,117 Population in city 2040 24,768 2022 ELOS Year 2040 Facility Project/Year 2040 fclty standard facility cost per capita funding units total /1000 rqmnt deficit /unit fee deficit land resource conservancy acres 8.1 0.54 13.3 5.2 $50,000 $26.79 $258,560 land resource activities acres 15.6 1.03 25.6 10.0 $125,000 $128.99 $1,244,920 land linear trails acres 1.5 0.10 2.5 1.0 $150,000 $14.88 $143,645 land athletic fields/playgrounds acres 65.4 4.33 107.2 41.8 $180,000 $778.73 $7,515,484 land recreation centers/pools acres 0.00 0.0 0.0 $455,000 $0.00 $0 land special use facilities acres 0.00 0.0 0.0 $225,000 $0.00 $0 land support facilities/yards/buildingsacres 5.6 0.37 9.2 3.6 $175,000 $64.83 $625,652 Subtotal for land impact 96.2 6.36 157.6 61.4 $1,014.22 $9,788,260 Facilities community gardennature each 0.00 0 0 $50,000 $0.00 $0 swimming beach sand park space 0.00 0 0 $22,090 $0.00 $0 fishing bank or dock park space 0.00 0 0 $20,624 $0.00 $0 handcarry launch concrete ramp park space 4 0.26 7 3 $26,367 $6.98 $67,333 boat launch paved 25 boat capacity ramp 1 0.07 2 1 $460,335 $30.45 $293,887 floating pier pier square foot 169 11.18 277 108 $500 $5.59 $53,947 camping tent w/services, restroom campsite 0.00 0 0 $145,172 $0.00 $0 camping group-100w/services, restroom campsite 0.00 0 0 $18,724 $0.00 $0 camping RV w/services, shower campsite 0.00 0 0 $170,120 $0.00 $0 picnic benches bench 6 0.40 10 4 $15,000 $5.95 $57,458 tables w/o shelter table 13 0.86 21 8 $40,965 $35.23 $339,988 shelters-group use shelter 3 0.20 5 2 $129,373 $25.67 $247,783 multipurpose trailasphalt w/services 10'mile 3.64 0.24 6.0 2.3 $1,197,312 $288.30 $2,782,373 gravel w/services 10'mile 0.00 0.0 0.0 $469,646 $0.00 $0 asphalt w/services 8'mile 0.00 0.0 0.0 $979,012 $0.00 $0 gravel w/services trail 8'mile 0.00 0.0 0.0 $396,880 $0.00 $0 bridge sq ft 2,400 158.76 ############$500 $79.38 $766,104 park trail concrete/asphalt trail 6'mile 0.00 0.0 0.0 $761,719 $0.00 $0 crushed rock 6'mile 0.48 0.03 0.8 0.3 $373,631 $11.86 $114,496 concrete/asphalt trail 5'mile 0.00 0.0 0.0 $640,442 $0.00 $0 crushed rock 5'mile 0.00 0.0 0.0 $227,091 $0.00 $0 crushed rock 4'mile 0.00 0.0 0.0 $190,708 $0.00 $0 dirt 2'mile 0.00 0.0 0.0 $98,983 $0.00 $0 shoreline mile 0.00 0.0 0.0 $40,369 $0.00 $0 boardwalk sq ft 0.00 0.0 0.0 $500 $0.00 $0 bike on-road on-road w/shoulder 6'mile 0.00 0.0 0.0 $1,425,996 $0.00 $0 on-road w/shoulder 4'mile 0.00 0.0 0.0 $989,397 $0.00 $0 on-road in-lane designated mile 0.00 0.0 0.0 $67,687 $0.00 $0 on-road signage only mile 0.00 0.0 0.0 $3,006 $0.00 $0 bike off-road BMX course/pump track each 0.00 0.0 0.0 $500,000 $0.00 $0 bike park trail asphalt w/services 10'mile 0.00 0.0 0.0 $1,201,640 $0.00 $0 crushed rock w/svs 10'mile 0.00 0.0 0.0 $473,974 $0.00 $0 off-road dirt w/services 2'mile 0.00 0.0 0.0 $107,707 $0.00 $0 dirt w/services 1.5'mile 0.00 0.0 0.0 $84,026 $0.00 $0 dirt w/services 1'mile 0.00 0.0 0.0 $67,956 $0.00 $0 horse trail dirt w/services 2'mile 0.00 0.0 0.0 $71,381 $0.00 $0 water trailhead launch, campsite w/servicessite 0.00 0.0 0.0 $40,128 $0.00 $0 trailhead w/restrooms site 0.00 0.0 0.0 $743,911 $0.00 $0 trailhead w/sanican site 0.00 0.0 0.0 $287,054 $0.00 $0 dog park off-leash parks acre 1 0.07 2 1 $150,000 $9.92 $95,763 playground covered each 0.00 0 0 $546,902 $0.00 $0 uncovered each 8 0.53 13 5 $471,902 $249.73 $2,410,175 play area improved acre 0.00 0.0 0.0 $1,044,488 $0.00 $0 spray park concrete each 0.00 0.0 0.0 $639,354 $0.00 $0 paracourse station each 0.00 0.0 0.0 $21,581 $0.00 $0 skateboard skateboard court - concrete court 0.00 0 0 $750,000 $0.00 $0 skateboard court - ramps court 0.00 0 0 $250,000 $0.00 $0 skate dot each 0.00 0 0 $25,000 $0.00 $0 basketball/sport court outdoor covered court 0.00 0.0 0.0 $358,540 $0.00 $0 outdoor lighted court 0.00 0 0 $358,540 $0.00 $0 outdoor uncovered court 2.0 0.13 3.3 1.3 $285,427 $37.76 $364,445 volleyball outdoor uncovered sand court 0.00 0.0 0.0 $140,334 $0.00 $0 tennis indoor court 0.00 0 0 $928,087 $0.00 $0 outdoor lighted court 4 0.26 7 3 $858,765 $227.23 $2,193,012 outdoor unlighted court 0.00 0 0 $305,335 $0.00 $0 field track rubber surface miles 0.00 0.00 0.00 $354,902 $0.00 $0 cinder surface miles 0.00 0.00 0.00 $252,555 $0.00 $0 football /rugby turf lighted field 0.00 0 0 $1,761,634 $0.00 $0 grass lighted field 0.00 0 0 $1,611,634 $0.00 $0 Page 81 of 317 Port Orchard PROS Plan 19 Appendix D: Land and facility demands Burien Park, Recreation Open Space (PROS) Plan 2022 ELOS Year 2040 Facility Project/Year 2040 fclty standard facility cost per capita funding units total /1000 rqmnt deficit /unit fee deficit grass unlighted field 0.00 0 0 $1,521,695 $0.00 $0 practice field field 0.00 0 0 $250,000 $0.00 $0 soccer indoor field 0.00 0 0 $0.00 $0 330x390 turf lighted field 0.00 0 0 $7,575,916 $0.00 $0 330x390 grass lighted field 1 0.07 2 1 $4,245,850 $280.87 $2,710,637 330x390 grass unlighted field 1 0.07 2 1 $905,506 $59.90 $578,093 240x330 grass field 0.00 0 0 $2,329,086 $0.00 $0 240x330 dirt field 0.00 0 0 $763,670 $0.00 $0 youth multipurpose field 1 0.07 2 1 $513,425 $33.96 $327,781 baseball 300+ turf lighted concessionsfield 0.00 0 0 $3,749,362 $0.00 $0 300+ grass lighted concessionsfield 1 0.07 2 1 $2,427,456 $160.58 $1,549,737 300+dirt unlighted field 0.00 0 0 $601,928 $0.00 $0 softball 200-300 grass lighted concessionsfield 0.00 0 0 $1,425,240 $0.00 $0 200-300 dirt w/o lights field 0.00 0 0 $444,878 $0.00 $0 baseball 250+ grass lighted concessionsfield 0.00 0 0 $2,720,621 $0.00 $0 250+grass unlighted field 0.00 0 0 $1,518,097 $0.00 $0 250+ dirt unlighted field 1 0.07 2 1 $444,878 $29.43 $284,019 baseball 200+ grass lighted concessionsfield 1 0.07 2 1 $1,380,021 $91.29 $881,033 200+grass unlighted field 0.00 0 0 $1,288,540 $0.00 $0 200+ dirt unlighted field 0.00 0 0 $482,746 $0.00 $0 180 dirt T-ball field 2 0.13 3 1 $100,000 $13.23 $127,684 batting cage each 0.00 0 0 $25,000 $0.00 $0 swim pool indoor sq ft 0.00 0 0 $2,077 $0.00 $0 outdoor sq ft 0.00 0 0 $1,555 $0.00 $0 rctn cntr indoor gymnasium sq ft 0.00 0 0 $801 $0.00 $0 physical conditioning sq ft 600 39.69 983 383 $801 $31.79 $306,825 racquetball (1600 each/sf ft)ea/sq ft 0.00 0 0 $1,281,600 $0.00 $0 handball (1200 sf)ea/sq ft 0.00 0 0 $961,200 $0.00 $0 comty cntr arts/crafts/classrooms sq ft 0.00 0 0 $806 $0.00 $0 meeting facilities sq ft 7,300 482.90 11,960 4,660 $806 $389.22 $3,756,337 large meeting sq ft 0.00 0 0 $806 $0.00 $0 theater/auditorium sq ft 0.00 0 0 $806 $0.00 $0 kitchen facilities sq ft 0.00 0 0 $806 $0.00 $0 dining facilities sq ft 0.00 0 0 $806 $0.00 $0 child cntr daycare/childcare sq ft 0.00 0 0 $806 $0.00 $0 pre/after-school sq ft 0.00 0 0 $806 $0.00 $0 special teen center sq ft 0.00 0 0 $806 $0.00 $0 senior center sq ft 0.00 0 0 $806 $0.00 $0 operations admin facilities sq ft 2,000 132.30 3,277 1,277 $250 $33.08 $319,210 maintenance fclties sq ft 12,000 793.81 19,661 7,661 $200 $158.76 $1,532,209 shop yard sq ft 0.00 0 0 $200 $0.00 $0 caretaker ea/sq ft 0.00 0 0 $250 $0.00 $0.00 concession stands sq ft 0.00 0 0 $442 $0.00 $0.00 restrooms concessions building sq ft 0.00 0 0 $442 $0.00 $0 permanent fixture 8 0.53 13 5 $73,910 $39.11 $377,485 temporary/sanican each 0.00 0 0 $2,000 $0.00 $0 Subtotal for facility impact 24,531 1,622.75 40,192 15,661 $2,335.28 $22,537,815 Total impact for land and facilities - per capita $3,349.51 $32,326,076 Total impact for land and facilities - persons/household of 2.43 $8,139.30 Total value of existing park lands $15,332,000 Total value of existing park facilities $35,302,472 Total value of existing park lands and facilities $50,634,472 Note - facility costs include site preparation, utilities, parking, amenities, and other improvements pro rated. Page 82 of 317 20 Port Orchard PROS Plan 8 March 2022 Proposed composite level-of-service (PLOS) additions - 2022-2044 PLOS Acquire Indirect Direct Total City City facility site design const dvpmnt funding funding Acquire park site Project units addtn cost cost cost cost share required a land resource conservancies Blackjack Creek Corridor acres 5.0 $50,000 $250,000 0%$0 resource conservancies Ross Creek Corridor acres 5.0 $50,000 $250,000 0%$0 resource conservancies Ross Point hillsides acres 120.0 $50,000 $6,000,000 0%$0 resource conservancies Stormwater Park acres 32.6 $35,000 $1,141,350 100%$1,141,350 resource conservancies Daylight Johnson Creek acres 1.0 $1,200,000 $1,200,000 100%$1,200,000 resource conservancies Etta Turner Park Expansion acres 1.5 $500,000 $750,000 100%$750,000 b land resource activities Ruby Creek Regional Park acres 15.0 $50,000 $750,000 100%$750,000 resource activities Mitchell Point acres 1.0 $125,000 $125,000 100%$125,000 c land linear trails - 40 ft wide Bay Street Pedestrian Path Ph 1 (see TIP 1.1)acres 10.0 $222,000 $2,220,000 50%$1,110,000 linear trails - 40 ft wide Old Clifton Road acres in ROW $150,000 $0 0%$0 linear trails - 40 ft wide Glenwood Road acres in ROW $150,000 $0 0%$0 linear trails - 40 ft wide Sedgwick Road acres in ROW $150,000 $0 0%$0 linear trails - 40 ft wide Sidney Road acres in ROW $150,000 $0 0%$0 linear trails - 40 ft wide Bay Street to Kitsap Rgnl Park acres in ROW $150,000 $0 0%$0 waterfront/trail access East Gateway acres 1.0 $150,000 $150,000 100%$150,000 d land playgrounds/athletic fields @ Aiken Road acres 2.0 $300,000 $600,000 100%$600,000 playgrounds/athletic fields @ Bethell/Salmonberry Road acres 2.0 $300,000 $600,000 100%$600,000 playgrounds/athletic fields @ Blueberry/Ramsey/Geiger Road acres 8.0 $200,000 $1,600,000 100%$1,600,000 e land rctn centers/pools New High School site acres $455,000 $0 0%$0 rctn centers/pools KPFD Community Center Site acres 0.5 $2,500,000 $1,250,000 100%$1,250,000 e land miscellaneous acquisitions sites to be determined acres 20.0 $100,000 $2,000,000 100%$2,000,000 Subtotal for land impact 224.6 $18,886,350 $11,276,350 Develop facilities Project 1 daylight stream daylight stream Johnson Creek Daylighting each 1 $1,000,000 $1,000,000 100%$1,000,000 daylight stream Kitsap Street (unnamed stream) Daylightingeach 1 $750,000 $750,000 100%$750,000 2 downtown waterfront plazas streetscape Port Street Plaza each 1 $1,500,000 $1,500,000 100%$1,500,000 streetscape KPFD Plaza/Frederick-Sidney Avenueeach 1 $1,200,000 $1,200,000 100%$1,200,000 streetscape Orchard Avenue Plaza each 1 $1,500,000 $1,500,000 100%$1,500,000 streetscape Sidney Avenue each 1 $250,000 $250,000 100%$250,000 streetscape Harrison Avenue each 1 $250,000 $250,000 100%$250,000 streetscape Waterfront Park Expansion each 1 $250,000 $250,000 100%$250,000 streetscape Mitchell Extension/Westbay each 1 $250,000 $250,000 0%$0 streetscape East Gateway each 1 $350,000 $350,000 100%$350,000 streetscape Orchard Avenue/Prospect Street hillclimbeach 1 $500,000 $500,000 100%$500,000 amphitheater McCormick Village Park each 1 $250,000 $250,000 100%$250,000 splash pad McCormick Village Park each 1 $1,000,000 $1,000,000 100%$1,000,000 3 community garden community garden @ Bethell/Salmonberry Road acres 1.0 $7,500 $7,500 100%$7,500 4 boating hand-carry-salt SR-166/Bay Street ea/pkng 4 $26,367 $105,468 100%$105,468 hand-carry-salt Ross Point ea/pkng 4 $26,367 $105,468 100%$105,468 hand-carry-salt Ross Creek ea/pkng 2 $26,367 $52,734 100%$52,734 hand-carry-salt Mitchell Point ea/pkng 2 $26,367 $52,734 100%$52,734 hand-carry-salt Annapolis Foot Ferry ea/pkng 2 $26,367 $52,734 0%$0 hand-carry-salt Beach Drive 1-Bancroft Road ea/pkng 2 $26,367 $52,734 0%$0 hand-carry-salt Beach Drive 2-Bancroft Road ea/pkng 2 $26,367 $52,734 0%$0 5 picnic tables w/o shelter Bill Bloomquist Rotary Park table 4 $40,965 $163,860 0%$0 tables w/o shelter McCormick Village Park table 4 $40,965 $163,860 100%$163,860 tables w/o shelter @ Aiken Road table 2 $40,965 $81,930 100%$81,930 tables w/o shelter @ Bethell/Salmonberry Road table 2 $40,965 $81,930 100%$81,930 tables w/o shelter @ Blueberry/Ramsey/Geiger Road table 2 $40,965 $81,930 100%$81,930 6 picnic shelters-group use Givens Field/Active Club shelter 1 $129,373 $129,373 100%$129,373 shelters-group use McCormick Village Park shelter 1 $129,373 $129,373 100%$129,373 shelters-group use South Kitsap Regional Park shelter 1 $129,373 $129,373 0%$0 shelters-group use Veterans Memorial Park shelter 1 $129,373 $129,373 0%$0 shelters-group use Bill Bloomquist Rotary Park shelter 1 $129,373 $129,373 0%$0 shelters-group use @ Blueberry/Ramsey/Geiger Road shelter 1 $129,373 $129,373 100%$129,373 7 multipurpose path asphalt 10'Bay Street Pedestrian Path Segments 6-11each 1.00 $3,295,892 $3,295,892 50%$1,647,946 asphalt 10'Bay Street Ped Path West each 1.00 $1,000,000 $3,566,494 $4,566,494 50%$2,283,247 asphalt 10'Old Clifton Road mile 1.70 $1,197,312 $2,035,430 100%$2,035,430 asphalt 10'Blueberry Lake Road mile 0.57 $1,197,312 $682,468 0%$0 asphalt 10'Glenwood Road mile 1.28 $1,197,312 $1,532,559 0%$0 asphalt 10'Sedgwick Road mile 0.19 $1,197,312 $227,489 0%$0 asphalt 10'Sidney Road mile 0.38 $1,197,312 $454,979 0%$0 Page 83 of 317 Port Orchard PROS Plan 21 asphalt 10'Port Orchard Blvd.mile 0.66 $1,197,312 $790,226 100%$790,226 asphalt 10'Bay Street to Kitsap Rgnl Park mile 1.89 $1,197,312 $2,262,920 20%$452,584 8 park trail wood chip or crushed rock 6'Ruby Creek Regional Park mile 2.00 $373,631 $747,262 100%$747,262 wood chip or crushed rock 6'McCormick Village Park mile 0.33 $373,631 $123,298 100%$123,298 wood chip or crushed rock 6'Stormwater Park mile 0.75 $373,631 $280,223 100%$280,223 10 dog trail/park fenced area Central/Clayton Park acre 0.25 $200,000 $50,000 100%$50,000 11 playground uncovered - existing park Bill Bloomquist Rotary Park plygrnd 1 $100,000 $100,000 0%$0 uncovered - existing park Veterans Memorial Park plygrnd 1 $100,000 $100,000 0%$0 uncovered - existing park McCormick Village Park plygrnd 1 $100,000 $100,000 100%$100,000 uncovered - new park @ Aiken Road plygrnd 1 $471,902 $471,902 100%$471,902 uncovered - new park @ Bethell/Salmonberry Road plygrnd 1 $471,902 $471,902 100%$471,902 uncovered - new park @ Blueberry/Ramsey/Geiger Road plygrnd 1 $471,902 $471,902 100%$471,902 uncovered - new park young agesStormwater Park plygrnd 1 $471,902 $471,902 100%$471,902 uncovered - new park older agesStormwater Park plygrnd 1 $471,902 $471,902 100%$471,902 uncovered - new park Ruby Creek Park plygrnd 1 $471,902 $471,902 100%$471,902 12 skateboard pump track Ruby Creek Park track 1 $250,000 $250,000 100%$250,000 skate dot @ Blueberry/Ramsey/Geiger Road dots 1 $25,000 $25,000 100%$25,000 skate dot Givens Field/Active Club dots 1 $25,000 $25,000 100%$25,000 skate dot Van Zee Park dots 1 $25,000 $25,000 100%$25,000 skate dot Bill Bloomquist Rotary Park dots 1 $25,000 $25,000 0%$0 skate dot Veterans Memorial Park dots 1 $25,000 $25,000 0%$0 13 sport court uncovered not lighted Givens Field/Active Club resurface court 1 $179,214 $179,214 100%$179,214 uncovered not lighted Bill Bloomquist Rotary Park court 1 $358,427 $358,427 0%$0 uncovered not lighted South Kitsap Regional Park court 1 $358,427 $358,427 0%$0 uncovered not lighted Veterans Memorial Park court 1 $358,427 $358,427 0%$0 uncovered not lighted @ Blueberry/Ramsey/Geiger Road court 1 $358,427 $358,427 100%$358,427 uncovered not lighted Stormwater Park court 1 $358,427 $358,427 100%$358,427 14 tennis tennis-outdoor lighted Future HS/MS school site court 4 $858,765 $3,435,060 0%$0 tennis-outdoor lighted @ Bethell/Salmonberry Road court 2 $858,765 $1,717,530 100%$1,717,530 15 soccer turf lighted Givens Field/Active Club field 1 $7,575,916 $7,575,916 100%$7,575,916 grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $4,245,850 $8,491,700 100%$8,491,700 grass lighted Future HS/MS school site field 3 $4,245,850 $12,737,550 0%$0 youth Van Zee Park field 1 $513,425 $513,425 100%$513,425 16 baseball - new 300+ grass lighted Future HS/MS school site field 1 $2,427,456 $2,427,456 0%$0 300+ grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $2,427,456 $4,854,912 100%$4,854,912 baseball - new 250+ grass lighted Future HS/MS school site field 1 $2,720,621 $2,720,621 0%$0 250+ grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $2,720,621 $5,441,242 100%$5,441,242 250+ grass unlighted East Port Orchard ES field 2 $1,518,097 $3,036,194 0%$0 baseball-infill 250+ grass unlighted Van Zee Park field 1 $1,518,097 $1,518,097 50%$759,049 250+ grass unlighted East Port Orchard ES field 2 $1,518,097 $3,036,194 0%$0 250+ grass unlighted Hidden Creek ES field 1 $1,518,097 $1,518,097 0%$0 250+ grass unlighted Mullenix Ridge ES field 1 $1,518,097 $1,518,097 0%$0 250+ grass unlighted Orchard Heights ES field 2 $1,518,097 $3,036,194 0%$0 250+ grass unlighted Marcus Whitman MS field 1 $1,518,097 $1,518,097 0%$0 250+ grass unlighted Future HS/MS school site field 2 $1,518,097 $3,036,194 0%$0 baseball - insert 200+ grass unlighted Hidden Creek ES field 1 $1,288,540 $1,288,540 0%$0 200+ grass unlighted Sunnyslope ES field 1 $1,288,540 $1,288,540 0%$0 17 rctn cntr indoor gymnasium Future HS/MS school site sq ft 22,500 $801 $18,022,500 0%$0 physical conditioning KPFD Community Events Ctr sq ft 600 $801 $480,600 100%$480,600 18 cmty cntr class/meeting rooms KPFD Community Events Ctr sq ft 6,000 $806 $4,836,000 100%$4,836,000 19 restrooms permanent restroom McCormick Village Park each 1 $443,460 $443,460 100%$443,460 Subtotal for facility impact 29,219 $127,901,071 $57,598,203 Total impact for land and facilities $146,787,421 $68,874,553 Page 84 of 317 22 Port Orchard PROS Plan 8 March 2022 2022-2042 PROS Plan CFP Total City dvpmnt funding Project cost share Cv = Conservation Cv1 Blackjack Creek Corridor Conservation $250,000 $0 Cv2 Daylight Johnson Creek $2,200,000 $2,200,000 Cv3 Ross Point Hillside Conservation $6,250,000 $0 Cv4 Kitsap Street Daylighting $750,000 $750,000 Subtotal $9,450,000 $2,950,000 Wa = Waterfront Access for handcarry launch Wa1 Annapolis Foot Ferry Waterfront Access $52,734 $0 Wa2 Beach Drive 1-Bancroft Road Waterfront Access $52,734 $0 Wa3 Beach Drive 2-Bancroft Road Waterfront Access $52,734 $0 Wa4 Mitchell Extension/Westbay Waterfront Access $250,000 $0 Wa5 Mitchell Point Waterfront Access $177,734 $177,734 Wa6 Ross Creek Access $52,734 $52,734 Wa7 Ross Point Access $105,468 $105,468 Wa8 SR-16/Bay Street Waterfront Access $105,468 $105,468 Subtotal $849,606 $441,404 Tr = Trails Tr1 Bay Street Ped Path West $4,566,494 $2,283,247 Tr2 Bay Street Pedestrian Path Ph 1 (see TIP 1.1)$2,220,000 $1,110,000 Tr3 Bay Street Pedestrian Path Segments 6-11 $3,295,892 $1,647,946 Tr4 Bay Street to Kitsap Rgnl Park Trail $2,262,920 $452,584 Tr5 Blueberry Lake Road Trail $682,468 $0 Tr6 Glenwood Road Trail $1,532,559 $0 Tr7 Harrison Avenue Trail $250,000 $250,000 Tr8 Old Clifton Road Trail $2,035,430 $2,035,430 Tr9 Orchard Avenue Boulevard $790,226 $790,226 Tr10 Sedgwick Road Trail $227,489 $0 Tr11 Sidney Road Trail $454,979 $0 Subtotal $18,318,457 $8,569,433 Pz = Plazas/Viewpoints Pz1 KPFD Community Center Plaza $1,200,000 $1,200,000 Pz2 Central/Clayton Park $50,000 $50,000 Pz3 East Gateway Plaza $500,000 $500,000 Pz4 Orchard Avenue Plaza $1,500,000 $1,500,000 Pz5 Orchard Avenue/Prospect Street Hillclimb $500,000 $500,000 Pz6 Port Street Plaza $1,500,000 $1,500,000 Pz7 Sidney Avenue $250,000 $250,000 Subtotal $5,500,000 $5,500,000 Pk = Parks new Pk1 @ Aiken Road Park $1,153,832 $1,153,832 Pk2 @ Blueberry/Ramsey/Geiger Rd Park $21,454,486 $21,454,486 Pk3 @ Bethell/Salmonberry Road Park $2,878,862 $2,878,862 Pk4 Ruby Creek Regional Park $2,219,164 $2,219,164 Pk5 Stormwater Park $2,723,804 $2,723,804 Pk6 KPFD Community Events Center $6,566,600 $6,566,600 Subtotal $36,996,748 $36,996,748 Pk = Parks infill Pk7 Etta Turner Park Expansion $750,000 $750,000 Pk8 Givens Field/Active Club $7,909,503 $7,909,503 Pk9 McCormick Village Park $2,209,991 $2,209,991 Pk10 Van Zee Park $2,056,522 $1,297,474 Pk12 Waterfront Park Expansion $250,000 $250,000 Subtotal $13,176,016 $12,416,968 Pk = Parks infill County Pk13 Bill Bloomquist Rotary Park $776,660 $0 Pk14 South Kitsap Regional Park $487,800 $0 Pk15 Veterans Memorial Park $612,800 $0 Subtotal $1,877,260 $0 Sd = School improvements Sd1 East Port Orchard ES $6,072,388 $0 Sd2 Hidden Creek Es $2,806,637 $0 Sd3 Mullenix Ridge ES $1,518,097 $0 Sd4 Orchard Heights ES $3,036,194 $0 Sd5 Sunnyslope ES $1,288,540 $0 Sd6 Marcus Whitman MS $1,518,097 $0 Sd7 Future HSMS school site $42,379,381 $0 Subtotal $58,619,334 $0 Contingency - to be determined $2,000,000 $2,000,000 Total $146,787,422 $68,874,553 Page 85 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The Washington State Legislature recently passed House Bill 1016, effective July 25, 2021, establishing the nineteenth day of June, recognized as Juneteenth, as a legal holiday in Washington in remembrance for the day news of the Emancipation Proclamation and the end of the Civil War reached Galveston, Texas and all enslaved persons were released from bondage. The City Council desires to follow suit and recognize Juneteenth as a holiday in the City of Port Orchard. Accordingly, this Ordinance would amend a provision of the parking regulations in the Port Orchard Municipal Code to establish Juneteenth as a legal holiday for the City. This Ordinance also requests the Mayor modify personnel policies as needed to implement the Ordinance, consistent with POMC 2.28.050, which states all recognized holidays are set out in policy. Additionally, through this Ordinance the Mayor is authorized to sign Memoranda of Understanding with Teamster Local No. 589 to memorialize Juneteenth as a holiday for the represented employees. Consistent with this direction, all employees eligible for comprehensive leave benefits would be granted the June 19th, known as Juneteenth, the designated holiday with pay. Recommendation: N/A Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an ordinance amending POMC 10.12.010 to include the 19th day of June, commonly known as Juneteenth, as a recognized City holiday. Fiscal Impact: Fiscal impact is the same as other approved City Holidays. Alternatives: Do not adopt and provide further direction to staff. Attachments: None. Page 86 of 317 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 10.12.010 TO ADD JUNETEENTH AS A LEGAL HOLIDAY; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the State Legislature recently passed House Bill 1016, effective July 25, 2021, establishing the nineteenth day of June, recognized as Juneteenth, as a state legal holiday in remembrance for the day news of the Emancipation Proclamation and the end of the Civil War reached Galveston, Texas and all enslaved persons were released from bondage; and WHEREAS, in order to recognize the importance of this day, the City Council desires to recognize Juneteenth as a holiday within the City of Port Orchard; and WHEREAS, the City Council desires to amend Section 10.12.010 of the parking regulations set out in the Port Orchard Municipal Code to recognize Juneteenth as a legal holiday for the City; and WHEREAS, the City Council desires to authorize all employees eligible for comprehensive leave benefits to receive June 19th, known as Juneteenth, the designated holiday with pay; now therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment of Personnel Policies. Consistent with POMC 2.28.050, Council requests the Mayor modify personnel policies as needed to implement this Ordinance. SECTION 2. Collective Bargaining Authorization. The Council authorizes the Mayor to execute Memoranda of Understanding with the Teamsters Local No. 589 to memorialize Juneteenth as a holiday for the represented employees. SECTION 3. POMC Section 10.12.010, Amended. Section 10.12.010 of the Port Orchard Municipal Code, entitled “Definitions”, is hereby amended to read in part as follows: 10.12.010 Definitions. *** (7) “Holidays” include the first day of January, commonly called New Year’s Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, being the anniversary of the Declaration of Independence; Page 87 of 317 Ordinance No. _________ Page 2 of 2 the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308- 330-127) *** SECTION 4. 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 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Wallace, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 88 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: On February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers. In order to enable the Police Department to recruit, fill vacancies, and lighten the workload on current personnel, the MOU contained a provision providing for a $5,000 recruitment incentive for lateral officers upon hire and an additional $10,000 after successful completion of probation. The MOU contained language relating the repayment of the incentives if the officer did not fulfil certain benchmarks during their employment with the City. Repeated attempts by the City to obtain approval of the MOU from the Guild have been unsuccessful. Despite the lack of agreement from the Guild, the City continues to look for tools to utilize to attract qualified Lateral Peace Officer applicants in a very competitive marketplace. The City Council has the authority to offer a monetary recruitment incentive paid upon hire without Guild agreement. Therefore, the ordinance for consideration tonight would authorize the Mayor to provide a $10,000 recruitment incentive for lateral peace officer applicants. The primary difference between this proposal and the MOU previously approved is that the City removes the repayment provision from the MOU, which would require the union’s pre-approval. Regarding the previously-approved MOU: on May 20, 2022, the Mayor gave written notice to the Guild representing Patrol Officers that the previous MOU would be terminated if not signed and received before May 31, 2022. This is to prevent a duplication of hiring incentive programs. The proposed Ordinance for consideration tonight would become effective for lateral officers with a starting date of June 1, 2022. Incentivizing new hires remains a priority for the City and, at the request of the Finance Committee, the City will attempt to negotiate a new MOU with the Guild to provide for an additional hiring incentive for lateral peace officers upon completion of probation. If those negotiations are successful, a separate MOU will be presented to council at a future date. Recommendation: Staff recommends adoption of an Ordinance authorizing the Mayor to approve a $10,000 hiring incentive to qualified lateral peace officer applicants. Relationship to Comprehensive Plan: None. Page 89 of 317 Staff Report 8B Page 2 of 2 Motion for consideration: I move to adopt an Ordinance authorizing the Mayor to provide a $10,000 hiring incentive to qualified lateral peace officer applicants, effective June 1, 2022. Fiscal Impact: Cost is negligible, if any, when considering the expense of the Basic Law Enforcement Academy (which is not a cost applicable to lateral hires). Alternatives: Not approve this request and provide alternative guidance. Attachment: Ordinance. Page 90 of 317 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO A RECRUITMENT INCENTIVE FOR QUALIFIED LATERAL PEACE OFFICERS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, at the February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers; and WHEREAS, the MOU provided for, amongst other things, a $5,000 recruitment incentive upon hire and an additional $10,000 after successful completion of probation; and WHEREAS, the MOU provided for repayment of the initial $5,000 if the lateral peace officer did not remain employed for one year; and WHEREAS, the MOU provided for the repayment of the additional $10,000 if the lateral peace officer did not remain employed for two years; and WHEREAS, to date the Police Guild representing Patrol Officers has not signed the MOU, preventing the City from implementing the lateral officer recruitment incentive program as adopted; and WHEREAS, the City of Port Orchard continues to look for options to be competitive in the market for qualified Lateral Peace Officers; and WHEREAS, the hiring of qualified Lateral Peace Officers would enable the City to fill vacant positions and limit mandatory overtime for existing employees, providing an improved work/life balance, as well as saving the City over $5,000 in charges that would otherwise be incurred to send an Entry Level Officer to the Basic Law Enforcement Academy; and WHEREAS, the City Council has the authority to authorize recruitment incentives for employees covered by a collective bargaining agreement provided that the incentive is not conditioned upon any action of the employee once employed; and WHEREAS, to avoid a duplication of recruitment incentive programs the Police Guild representing Patrol Officers has been appropriately notified that the previously approved MOU will be terminated as of May 31, 2022; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor is authorized to offer a $10,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; Page 91 of 317 Ordinance No. ___ Page 2 of 2 b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard’s Police Civil Service Rules; and c. Been given an unconditional offer and accepted the position of Patrol Officer with the Port Orchard Police Department with a start date later than the effective date of this ordinance. SECTION 2. The recruitment incentive will be paid on the first available paycheck after date of hire, as determined by payroll. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. SECTION 3. If the Police Guild representing Patrol Officers and the City sign any agreement or memorandum of understanding providing substantially the same recruitment incentive, this ordinance will be void. SECTION 4. 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 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as required by law or June 1, 2022, whichever is later. 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 92 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: On November 12, 2021, property owners SSHI, LLC dba DR Horton and SHOR, LLC submitted an application for final plat approval for Phase 2 of the Stetson Heights subdivision project. The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on September 1, 2016. Pursuant to WAC 197-11-630 and 965, SEPA Mitigated Determination of Non-Significance was issued for the Stetson Heights Subdivision on June 24, 2016. The applicant for final plat submitted a request for an administrative minor plat amendment from the City of Port Orchard which was approved on June 18, 2018. The area under consideration for final plat was identified as Phases 2 and 4 in the approved minor plat amendment. The final plat for Phase 2 of the Stetson Heights subdivision creates 113 single-family residential lots and 4 tracts for passive recreation, active recreation, and stormwater. 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. Stormwater ponds within the final plat are private and will be owned and maintained by the HOA. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the final plat of Stetson Heights Phase 2. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 2. Fiscal Impact: Revenue generated by construction activity, building permit fees, capital facility charges, impact fees, sales tax, increased property valuation, utility tax. Expenditures related to ongoing maintenance of public infrastructure and provision of services to new residents. 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 Performance Bond for landscaping. Page 93 of 317 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 113-LOT, 3-TRACT PLAT KNOWN AS STETSON HEIGHTS PHASE 2 WHEREAS, on September 1, 2016, the City’s Hearing Examiner approved the Preliminary Plat known as Stetson Heights; and WHEREAS, on June 24, 2016, the City issued a SEPA Mitigated Determination of Non- Significance for the Stetson Heights Plat; and WHEREAS, on June 13, 2018, the City approved a minor plat amendment for the Stetson Heights plat; and WHEREAS, on February 9, 2021, the City approved the final plat of Phase 1 of the Stetson Heights subdivision; and WHEREAS, on November 12, 2021, an application was submitted for the final plat of Phase 2 of the Stetson Heights preliminary plat, to include 113 single-family residential lots, and three tracts; and WHEREAS, Phase 2 of the Stetson Heights Final Plat includes phases 2 and 4 as described in the approved and amended preliminary plat; and WHEREAS, City staff have 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 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 Stetson Heights Phase 2 final plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and Page 94 of 317 Resolution No. ____ Page 2 of 2 WHEREAS, the City Council finds that Plat of Stetson Heights Phase 2 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 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 Port Orchard City Council approves the final plat for Stetson Heights Phase 2, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Stetson Heights Phase 2 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 95 of 317 Page 96 of 317 Page 97 of 317 Page 98 of 317 Page 99 of 317 Page 100 of 317 Page 101 of 317 Page 102 of 317 Page 103 of 317 Page 104 of 317 Page 105 of 317 CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 • Fax: (360) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us May 16, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 2 (LU22-PLAT FINAL-03) 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 in the City of Port Orchard Hearing Examiner decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018 for Phases 2 and 4 of the preliminary plat. These two phases have been combined under this request for final plat and are hereon referenced as Phase 2 of the Stetson Heights subdivision. 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 106 of 317 Page 107 of 317 Page 108 of 317 Page 109 of 317 Page 110 of 317 Page 111 of 317 Page 112 of 317 Page 1 of 6 Performance Bond – J1 – Stetson Heights CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the “Principal”), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Seventy Five Thousand No cents ($75,000.00), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW ¼, NW ¼ & SE ¼ of the SW ¼ and of the NW ¼ & SW ¼ of the SE ¼, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City’s approval requires that these 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 City’s approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 113 of 317 Page 2 of 6 Performance Bond – J1 – Stetson Heights A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 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 this Bond between the Principal and the City. 7. 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. B. Default. 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’s actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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 Page 114 of 317 Page 3 of 6 Performance Bond – J1 – Stetson Heights 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. 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 Changes. 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 of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 115 of 317 Page 4 of 6 Performance Bond – J1 – Stetson Heights DATED this day of , 20 . SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. 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 Page 116 of 317 Page 5 of 6 Performance Bond – J1 – Stetson Heights FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that _________________________________is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature 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 ) I certify that I know or have satisfactory evidence that ______________________________________is the person who appeared before me, and said person acknowledged as the _____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 117 of 317 Page 6 of 6 Performance Bond – J1 – Stetson Heights My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ____________________________________ is the person who appeared before me, and said person acknowledged as the ____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 118 of 317 Page 1 of 6 Performance Bond – L1 – Stetson Heights CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the “Principal”), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Four Hundred Eighty Five Thousand Fifty Five and No Cents ($485,055.00), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW ¼, NW ¼ & SE ¼ of the SW ¼ and of the NW ¼ & SW ¼ of the SE ¼, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City’s approval requires that these 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 City’s approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 119 of 317 Page 2 of 6 Performance Bond – L1 – Stetson Heights A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 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 this Bond between the Principal and the City. 7. 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 the following: (1) for the landscape strip, street trees, and installation thereof, a three (3) year Maintenance Bond, not to exceed the sum of Four Hundred and Four Thousand Two Hundred Twelve and Fifty Cents ($404,212.50), 125% of the contract amount for these items. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 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’s actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment Page 120 of 317 Page 3 of 6 Performance Bond – L1 – Stetson Heights 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. 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 Changes. 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 of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 121 of 317 Page 4 of 6 Performance Bond – L1 – Stetson Heights DATED this day of , 20 . SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. 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 Page 122 of 317 Page 5 of 6 Performance Bond – L1 – Stetson Heights FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that _________________________________is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature 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 ) I certify that I know or have satisfactory evidence that ______________________________________is the person who appeared before me, and said person acknowledged as the _____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 123 of 317 Page 6 of 6 Performance Bond – L1 – Stetson Heights My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ____________________________________ is the person who appeared before me, and said person acknowledged as the ____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 124 of 317 Page 1 of 6 Performance Bond – R1 – Stetson Heights CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the “Principal”), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Six Hundred Thirty Eight Thousand Five Hundred Sixty Two and fifteen cents ($638,562.15), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW ¼, NW ¼ & SE ¼ of the SW ¼ and of the NW ¼ & SW ¼ of the SE ¼, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City’s approval requires that these 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 City’s approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 125 of 317 Page 2 of 6 Performance Bond – R1 – Stetson Heights A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 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 this Bond between the Principal and the City. 7. 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 the following: (1) for the concrete sidewalk, and curb & gutter work, a two (2) year Maintenance Bond, not to exceed the sum of One Hundred Twenty Seven Thousand Seven Hundred Twelve and Forty Three Cents ($127,712.43), 20% of the contract amount for these items; This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 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’s actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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. Page 126 of 317 Page 3 of 6 Performance Bond – R1 – Stetson Heights 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. 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 Changes. 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 of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 127 of 317 Page 4 of 6 Performance Bond – R1 – Stetson Heights DATED this day of , 20 . SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. 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 Page 128 of 317 Page 5 of 6 Performance Bond – R1 – Stetson Heights FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that _________________________________is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature 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 ) I certify that I know or have satisfactory evidence that ______________________________________is the person who appeared before me, and said person acknowledged as the _____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 129 of 317 Page 6 of 6 Performance Bond – R1 – Stetson Heights My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ____________________________________ is the person who appeared before me, and said person acknowledged as the ____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 130 of 317 Page 1 of 6 Performance Bond – W1 – Stetson Heights CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the “Principal”), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Forty Five Thousand Three Hundred Fifty Two and Fifty cents ($45,352.50), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW ¼, NW ¼ & SE ¼ of the SW ¼ and of the NW ¼ & SW ¼ of the SE ¼, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City’s approval requires that these 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 City’s approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 131 of 317 Page 2 of 6 Performance Bond – W1 – Stetson Heights A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 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 this Bond between the Principal and the City. 7. 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. B. Default. 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’s actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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 Page 132 of 317 Page 3 of 6 Performance Bond – W1 – Stetson Heights 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. 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 Changes. 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 of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 133 of 317 Page 4 of 6 Performance Bond – W1 – Stetson Heights DATED this day of , 20 . SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. 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 Page 134 of 317 Page 5 of 6 Performance Bond – W1 – Stetson Heights FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that _________________________________is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature 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 ) I certify that I know or have satisfactory evidence that ______________________________________is the person who appeared before me, and said person acknowledged as the _____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 135 of 317 Page 6 of 6 Performance Bond – W1 – Stetson Heights My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that ____________________________________ is the person who appeared before me, and said person acknowledged as the ____________________________ of ________________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 136 of 317 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 8D Meeting Date: May 24, 2022 Subject: Approval of a Purchase with CDW-G for Prepared by: Noah Crocker Equipment, Installation and Configuration Finance Director of a New Server Atty Routing No.: N/A Atty Review Date: N/A Summary: New server and data storage equipment was purchased in September 2016. This equipment has served the city well. The city has, however, exceeded the storage capacity provided by this equipment. The IT Dept has mitigated this situation by utilizing spare disk storage on our backup device. In addition, our current data storage equipment is not compatible with the most current version of our virtualization software. This prevents us from upgrading to the most current version. Server and data storage equipment has a seven-year life cycle. Although, our equipment is only six years old, the shortage of data storage capacity, and the fact that we are prevented from upgrading to the most current version of virtualization software, we recommend replacing the equipment this year. The IT Department researched three possible solutions. Based on that research and feedback from other cities and counties in the state, the decision was made to recommend a solution proposed by CDW-G and Nutanix. Per the city’s procurement policy, IT solicited a quote from CDW-G, with whom the state of Washington has a contract for IT equipment and services. CDW-G submitted a proposal for new hardware, software licenses and implementation services. This proposal is attached and has been reviewed by the Finance Committee. It is their opinion that the city should move forward with this project as presented. Attached is a purchase order for the proposed equipment, software licenses and implementation services. Recommendation: Staff recommends approving the Mayor to sign the attached purchase order. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to authorize the Mayor to enter into a purchase agreement with CDW-G to purchase, implement and configure new server and data storage equipment not to exceed $135,000.” Fiscal Impact: Est. One Time Investment: $135,000 Alternatives: Do not approve and provide alternative guidance. Attachment: Proposal and Purchase Order. Page 137 of 317 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 purchase order Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us P.O. No. 031-22 Date: May 20, 2022 Qty Unit Price Total Purchase, install, and configure new server equipment Quote No. MTBJ328 Equipment (tax included) $89,452.06 $89,452.06 Quote No. MRDL731 Licenses (tax included) $2,583.79 $2,583.79 Quote No. MTFX523 (tax included) $27,125.28 $27,125.28 Services Proposal (tax added as it is not shown on Proposal) $12,951.12 $12,951.12 **Please see attached Quote No. MTBJ328, Quote No. MRDL731, Quote No. MTFX523 and Services Proposal for more information IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS Ordered By: Authorized Signature: Steve Havert Finance Department City Clerk or Authorized Representative Signature Subtotal $132,112.25 Freight Tax (9.2%) Included Addit. Fees Bal Due Not to Exceed $132,112.25 THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE: Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Page 138 of 317 Page 1 of 2 QUOTE CONFIRMATION DEAR STEVE HAVERT, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. ACCOUNT MANAGER NOTES:Thanks! QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRANDTOTAL MTBJ328 5/9/2022 NUTANIX V2 7005945 $89,452.06 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE NUTANIX CLD INFRA NCI START LIC+SUP 48 6884310 $1,131.00 $54,288.00 Mfg. Part#: SW-NCI-STR-PR Electronic distribution - NO MEDIA Contract: MARKET Nutanix AOS Ultimate - Term License - 1 license 60 6501791 $0.00 $0.00 Mfg. Part#: TERM-MONTHS Electronic distribution - NO MEDIA Contract: MARKET NUTANIX 24X7 PROD HW SUP HCI APP 3 5642018 $934.32 $2,802.96 Mfg. Part#: S-HW-PRD Electronic distribution - NO MEDIA Contract: MARKET NUTANIX SUPPORT TERM 60 5642025 $0.00 $0.00 Mfg. Part#: SUPPORT-TERM Electronic distribution - NO MEDIA Contract: MARKET NUTANIX NX-1175S-G8 1 NODE 4314 3 6856892 $4,291.95 $12,875.85 Mfg. Part#: NX-1175S-G8-4314-CM Contract: MARKET Nutanix - DDR4 - 64 GB - DIMM 288-pin - 3200 MHz PC4-25600 - registered 12 6321359 $416.00 $4,992.00 Mfg. Part#: C-MEM-64GB-3200-CM Contract: MARKET Nutanix 6TB 3.5" Hard Drive 6 6691125 $220.00 $1,320.00 Mfg. Part#: C-HDD-6TB-BA-CM Contract: MARKET Nutanix 1.92TB Solid State Drive 6 6681875 $418.00 $2,508.00 Mfg. Part#: C-SSD-1.92TB-A-CM Contract: MARKET Nutanix - expansion module - 10 Gigabit SFP+ x 4 3 6132662 $589.00 $1,767.00 Page 139 of 317 Page 2 of 2 QUOTE DETAILS (CONT.) Mfg. Part#: C-NIC-10GSFP4-C-CM Contract: MARKET Nutanix - power supply - 600 Watt 6 6810971 $212.00 $1,272.00 Mfg. Part#: C-PSU-600-A-CM Contract: MARKET Nutanix - power cable - IEC 380-C13 to IEC 60320 C14 - 4 ft 6 6688036 $15.00 $90.00 Mfg. Part#: C-PWR-4FC13C14A-CM Contract: MARKET These servicesare consideredThird PartyServices, and thispurchaseis subjectto CDW’s Third Party Cloud Services Terms andConditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement. The third-party Service Provider will provide these services directly to you pursuant to the Service Provider’s standard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider’s agreement, these services are non-cancellable, and all fees are non-refundable. PURCHASER BILLING INFO SUBTOTAL $81,915.81 Billing Address: CITY OF PORT ORCHARD ACCTS PAYABLE 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $7,536.25 GRANDTOTAL $89,452.06 DELIVER TO Pleaseremitpaymentsto: Shipping Address: CITY OF PORT ORCHARD STEVE HAVERT 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Shipping Method: DROP SHIP-GROUND CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Need Assistance? CDW•G LLC SALES CONTACT INFORMATION Danny Higgins |(877) 625-7671 |dannhig@cdwg.com This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2022 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 140 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 SERVICES PROPOSAL PROJECT FUNDAMENTALS Project Name: Nutanix Cluster Deployment Services – vSphere & Data Migration Services Requested By (Sales): Customer Name: City of Port Orchard CDW Affiliate: CDW Government Effective Date: October 6, 2021 Submitted By (SA/ISA): Steve Bally Version: 1.0 CUSTOMER-DESIGNATED LOCATIONS Location(s) Service(s) City of Port Orchard 216 Prospect St Port Orchard, WA 98366 ☐ Assessment ☐ Configuration ☐ Design ☑ Implementation ☐ Knowledge Transfer ☑ Project Management ☐ Reconfiguration ☐ Reinstallation ☐ Staff Augmentation ☐ Support ☐ Training ☐ Custom Work Page 141 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 NUTANIX PROJECT SCOPE SERVICES SUMMARY Seller will perform the following: • Install and configure a Nutanix cluster consisting of up to four (4) nodes utilizing VMware vSphere as the hypervisor. • Data Migration from VNXe 5300 to Nutanix NX-1465 NUTANIX CLUSTER DEPLOYMENT SERVICES - VSPHERE Services will consist of the items listed below (“Services”): • Pre-Engagement Call (Customer Kick-off Meeting) o Review scope and expectations o Identify stakeholders and key contacts o Identify project constraints and limitations • Cluster Design and Planning Session o Remote session with Customer and Seller to discuss design and planning variables o Perform verification of site readiness for service delivery o Work with Customer to design the layout and configuration of the Nutanix cluster ▪ Discussions around layer 2 data and management networking, cluster layout, design variables, etc. ▪ Discussions around VMware vSphere integration and design variables o Complete discovery, configuration, and Nutanix cluster pre -installation checklist and review with Customer o Complete solution summary documentation and applicable Visio drawings • Nutanix Cluster Deployment and Configuration o Performs the pre-site installation checklist with Customer team ▪ Confirms network and connected switch settings ▪ Conducts a site readiness assessment for project ▪ Completes the Nutanix pre-installation site checklist o Racks, cables, and power testing of Nutanix cluster ▪ If using 3rd party hardware, the appropriate prep SoW module must be added to the scope to account for connectivity and firmware effortsIf the project will be completed remotely, Seller will assist Customer in racking and cabling verification to ensure proper physical installation and connectivity o Initial Imaging and OS installation for all nodes in cluster via Nutanix Foundation ▪ Validation of • IP, DNS, NTP, data network settings • Node/cluster intercommunication • Controller Virtual Machine (CVM) Validation • VMware vSphere Integration o If Customer has compatible vCenter server already in place, Seller can integrate Nutanix cluster as a new environment within the existing vCenter infrastructure ▪ Configuration of vSphere cluster (DRS/HA) for use by Nutanix cluster o Configuration of vCenter, storage, and virtual networking for use by Nutanix cluster If Customer does not have vCenter in place (or does not wish to integrate with it), a new vCenter Server appliance needs to be installed and configured by the Seller. This is handled by an additional SOW module that needs to be added to the project to bring this in scope. • Prism Central Deployment and Configuration o Deployment of Prism Central VM Page 142 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 o Configuration and integration of Prism Central to new/existing clus ters o If PrismPro license was purchased, install license to unlock PrismPro features • Functional Demonstration and Knowledge Transfer around Nutanix vSphere cluster o Prism Dashboard Overview and Administration o vCenter Web Client Overview and Administration o Functional Demonstration of Nutanix administration ▪ Nutanix AOS Upgrades via Prism ▪ Addition of nodes to Nutanix cluster ▪ NCC Health Check ▪ If PrismPro license was purchased and installed, overview of PrismPro additional features o Workload Migration ▪ Migration or creation of up to five (5) non -production VMs to Nutanix cluster, using available tools CUSTOMER RESPONSIBILITIES • Customer needs to have a 10 GbE Top-of-Rack (TOR) switch to use with the Nutanix cluster and it must have the appropriate number of 10GbE open ports available/licenses to use those ports. Otherwise Customer will need to purchase a TOR switch and/or additional licenses to open those ports. • Customer needs to have a 1Gb management switch to use with the Nutanix cluster and it must have the appr opriate number of open ports available/licenses to use those ports. Although not recommended, the same switch for ToR connectivity can be used for management if the applicable ports are available. • Configuration of network switches for data and management will be completed by the Customer unless explicitly stated otherwise in the “Services Summary” section above. • For remote-based deployments, Customer will need to ensure that they have the infrastructure to install and configure a Nutanix Foundation VM appliance for temporary use in Nutanix cluster imaging. This can be on an existing virtual infrastructure or built as a VM on a workstation. Connecting the nodes to a temporary 1Gb management switch is recommended to ensure traffic does not affect production network load. Additionally, node IPMIs will be assigned static IP addresses to help with imaging process. • Assist Seller with project planning and design variable gathering. • Customer is responsible for creating a backup of the VMs to be test migrated • Customer shall provide Provider with detailed and accurate information regarding its current network environment, including information regarding network provisioning, TCP/IP settings, server hardware details, software versions, or regulatory requirements. Inaccurate information may add time and cost to the project. • Customer shall perform a full working backup of its network prior to commencement of the Services. Seller is not responsible for lost data. • Provide qualified personnel who will perform Customer’s obligations under this SOE, make timely decisions necessary to move performance of the Services forward, participate in this project to the extent reasonably requested by Seller and reasonably assist Seller with its performance of the Services • Provide Seller’s personnel with appropriate levels of access and privilege to systems and information necessary for Seller’s performance of the Services • Limiting access to Customer’s network and/or facilities only as needed to perform the Services • Make any final decisions regarding, and take responsibility for the implementation of any recommendations or potential solutions provided by Seller under this SOE • Site Preparation: o All hardware will be received and inventoried prior to scheduling Seller to arrive onsite. All hardware/software/firmware are compatible in accordance with manufactures support matrix(s) o Complete all change control task(s) and schedule all required maintenance windows. o Customer shall assume all responsibility for site preparation, including space, ca bling, HVAC and electrical requirements that have already been provided. Page 143 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 o Customer is responsible for providing customer-owned or licensed copies of any customer or third -party software that Seller is required to install on the Customer’s behalf. This incl udes VMware vSphere and vCenter licensing as needed for the project. ASSUMPTIONS AND ACKNOWLEDGEMENTS • Services will be delivered onsite or remotely, based on Customer needs and project intent. • Customer’s personnel will be available on a timely basis, and when reasonably requested by Seller, Customer’s personnel will provide input, review the Services being performed and the items provided by Seller, answer questions, provide signoff, and allow Seller to gather and validate information, perform r eviews and obtain other input • The scope and objectives of this project will be jointly managed by Customer and Seller to better ensure completion of the project within the anticipated schedule • Customer acknowledges and agrees that Seller will not process personal data that is subject to applicable data security and privacy laws (“Personal Data”) within the scope of the Services, and that Customer will restrict Seller from accessing any Personal Data during the performance of the Services OUT OF SCOPE • Firmware upgrades for non-Nutanix hardware (3rd party hardware platforms) unless otherwise stated with the appropriate services module. • Creation and configuration of new vCenter appliances, unless otherwise stated with the appropriate services module. • Nutanix Metro Availability • Configuration of LAN/SAN switches • Remediation of any issues or problems is out of scope for this engagement • Seller will not perform Services for Customer’s foreign affiliates if any • Any other Services not specified herein • Replacement of any security certificates. • Any P2V conversions • Network configuration of switches/non-Nutanix devices to support DR configuration • Recovery or operability testing on production VMs • Tasks not defined within this SoW ITEM(S) PROVIDED Item Description Format Nutanix Planning and Design Documentation Pre-installation checklist for the project Various Nutanix Cluster As-Built Documentation Design variable documentation PDF Nutanix Administration Documentation Vendor Procedural documentation PDF/URL DATA MIGRATION PROJECT SCOPE Customer is requesting assistance to migrate approximately 18 TB of Data from an existing VNXe 5300 storage solution (“Source”) to a new Nutanix NX-1465 storage solution (“Target”). Seller will work with Customer to Plan, Design and Migrate Data on specific hosts from started sources(s) to specific target(s) according to the scope boundaries set forth below: inclu ding Data Gathering, Assessment, Planning, Design, Implementation and Migration data validation. Seller will use preferred Page 144 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 migration tool or specific Storage Solution Native Windows tools as it primary tool(s) for migration of data during this project an may elect, at Sellers’s discretion, to employ the use of other appropriate meth ods as needed to complete the migration of data as defined in this SOW. This process will be based upon mutually agreed upon downtime requirements, planned in advance by both the Seller and Customer. SOURCE ENVIRONMENT • Qty. (1) VNXe 5300 • Qty (2) VMware vSphere Hosts o Approx. 18TBs, 30 VMs TARGET ENVIRONMENT • Qty. (1) Nutanix NX-1465 • Qty (2) VMware vSphere Hosts o Approx. 18TBs, 30 VMs DATA MIGRATION Seller’s approach to this Data Migration project is addressed in the following phases: • Discovery & Assessment • Planning & Design • Preparation • Pilot • Data Migration • Validation DISCOVERY AND ASSESSMENT PHASE • Seller will perform a physical and logical inventory of the Customer storage environment and supporting network hardware, and will gather information regarding the data type, size, and environment. • Customer will complete a data assessment questionnaire provided by the Seller. • Seller will review the questionnaire and communicate with the Customer as needed for additional or follow up information. • Seller will run a data gathering and validation tool on Customer network (remote) in order to collect, analyze and validate Customer data is in line with project information. • Seller will work with the Customer if any needed outages are identified to ensu re minimal impact to the Customer business operations as well as to ensure correct collection of data. • Seller will complete the analysis of existing host data collected and document any required changes to hardware/software/firmware and provide the list to the Customer . PLANNING AND DESIGN PHASE • Upon completion of the discovery and assessment phase, Seller will create a data migration strategy based on Customer specific needs. The Seller and Customer will re view the findings and recommendations. • A migration plan will be submitted to Customer for approval before proceeding. • Once the migration plan has been accepted then the Seller will create a pilot and validation plan. The purpose of this plan is to test in a controlled pilot group the migration strategy. • Validate the migration environment to ensure the appropriate assets will be migrated and meet Seller’s interoperability requirements. • Correlate storage environment information and plan for the migration sol ution. • Create documentation of the proposed architecture in the Configuration Guide . • Work with Customer to develop post migration cutover plan. • Determine the engagement process and schedule. Page 145 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 • Determine Downtime windows. • Determine Customer Change Control. PREPARATION PHASE • Validate that the relevant equipment is on-site at the appropriate location with power and cable requirements met • Confirm with the Customer the installation, cabling, and connectivity to system cabinets are in accordance with the solution design • Verification of the network, server, or storage configuration changes • Installation and setup of the migration tool(s) • Confirm Customer has completed a full backup of all data from source systems PILOT PHASE • Development of the Data Migration Validation Plan with the Customer • Perform a test migration with data subset • Review Pilot results upon successfully completion • Modify migration plan and conduct second pilot if required DATA MIGRATION PHASE • Migration of the data in scope of this SOW • Upon determination of migration plan and technique, specific implementation plans will be generated and executed. VALIDATION PHASE • Review Data Validation plan with Customer • Validate migrated data attributes • Validate target system configuration • Verify I/O is suspended and confirm with Customer that data removal from system is complete • Perform post-migration clean up, including removal of any zoning, device mappings, port connections, and migration software or storage configuration settings that are no long er required in the environment • Remove migration appliances as needed • Provide appropriate Knowledge Transfer and target system Overview as applicable ENGAGEMENT PLANNING & MANAGEMENT These tasks will ensure that project completion meets all requirements ou tlined in the scope of services. It includes the following activities: • Internal Project Technical Planning o Solution and Technical Architecture Review and planning o Clearly define project scope, objectives, risks and approach o Develop a Work Breakdown Structure and Develop a Project Plan o Develop Communication and Escalation Plan o Identify project resources, roles, and responsibilities o Confirm site readiness and documentation • External Project Meeting o Introduce key participants, stakeholders and project teams o Verify hardware delivery and specifications o Solution, requirements and logistics Review o Review and approve project plan • Project Management o Task and resource scheduling and assignment o Administration, Financial and Team management Page 146 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 o Escalation and communication management o Change control and management o Status meetings and reporting o Project Closeout PROJECT ASSUMPTIONS In addition to any other assumptions described in this SOW, Seller assumes the following: 1. The scope and objectives of this project will be jointly managed by you and Seller to better ensure completion of the project within the anticipated schedule. 2. If you require Seller to perform additional tasks that fall outside of this SOW additional charges may be incurred and will require Customer sign-off before additional tasks can be completed. 3. Services not specified in this SOW are considered out-of-scope and will be addressed with a separate SOW or Change Order. 4. Customer must provide valid licenses for all operating systems. 5. Customer will provide either a Project Manager or other consistent and knowledgeable resource familiar with the Customer environment, processes and procedures in order to facilitate the timely execution of the tasks Seller is expected to complete as part of this SOW. 6. The scope and objectives of this project will be jointly managed by you and Seller to better ensure completion of the project within the anticipated schedule. 7. You and Seller will follow Seller’s Project Management Methodology for this project. Seller’s Proje ct Management Methodology is as follows: Customer will work with Seller to define roles and responsibilities, develop project and test plans, identify risks, maintain change management procedures and ensure management of open issues. 8. If you require Seller to perform additional tasks that fall outside of this SOW additional charges may be incurred and will require Customer sign-off before additional tasks can be completed. 9. Existing network is in good working order. 10. All discovery Services are best effort and are dependent on the network being fully functional. 11. Customer has knowledge about current environment, storage area network, networking infrastructure. 12. Customer resources committed to the engagement will be made available throughout the engagement. 13. Customer has acquired all necessary hardware and software required to fulfill this project. Delays in hardware and software delivery may increase costs or change the project timeline. 14. Project management tasks will be performed remotely. 15. Seller will not be liable for any loss, corruption, or any other damage to data or software involved in this project. 16. The number of VMs moved depends on migration window time and will be agreed upon by customer and seller prior to migration. 17. Customer and Seller agree that the total number of “servers” (VM’s) involved in the migration is 30. 18. Any change in the number of servers to be migrated will require a Project Change Request to the original SOW approved by both Seller and Customer and m ay require Seller to modify the number of servers migrated, per session accordingly. 19. Additional licensing cost may be applied depending on the agreed upon migration strategy. Customer will be responsible for any additional costs. CUSTOMER RESPONSIBILITIES In addition to any other responsibilities described in this SOW that you may have, your obligations include (without limitation) those listed below. 1. Together with Seller, schedule the performance of the services. 2. Provide other full-time qualified, knowledgeable personnel who will perform your obligations under this SOW, make timely decisions necessary to move performance of the services forward, participate in this project to the extent reasonably requested by Seller and reasonably assist Seller with its performance of the services. Page 147 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 3. Your personnel will be available on a timely basis, and when reasonably requested by Seller, your personnel will provide input, review the services being performed and the items provided by Seller, answer questions, provide signoff, and allow Seller to gather and validate information, perform reviews and obtain other input. 4. When services are performed at your location, you will provide adequate, co -located workspace for the engagement personnel (both Sellers’ personnel and your personnel) with appropriate system access. Seller recommends keeping these personnel separate from support teams and those performing daily operations. 5. Acquired all necessary hardware and software required to complete this project. 6. Provide Seller all appropriate media, licensing, and software keys. 7. Provide network connectivity, including cabling, Internet access and voice access for local and long distance calls. 8. Must perform a full back-up prior to Seller arriving to perform the service requested. Seller is neither liable nor responsible for the loss, back-up, or restore of any Customer data. 9. Grant or facilitate authorized Seller project delivery personnel the timely access to all related Customer equipment, systems, device and system consoles, (restricted access or otherwise secured location) that Seller would require in order to execute the Services set forth in this SOW. 10. Current LAN, WAN, Network Storage or related Systems documentation, including any relevant drawings, diagrams, layouts and schematics to the Customer Environment either included or affected by the tasks set forth in this SOW, and as requested by Seller. 11. Inventory of Storage devices, physical and virtual to include SAN, NAS and Disk Arrays or as otherwise required by Seller. 12. All post-migration activities (i.e. reconfiguring replication and backups). ACCEPTANCE CRITERIA The acceptance criteria for this engag ement are as follows: 1. Assessment 2. Planning/Design 3. Completion of data migration. OUT OF SCOPE Tasks outside the statement of work include, but are not limited to: 1. Migration of any server not within the defined SOW 2. Any LUN consolidation. 3. Application verification – Customer is required to verify data/application integrity. 4. Client configuration changes Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. ITEM(S) PROVIDED TO CUSTOMER Table 1 – Item(s) Provided to Customer Item Description Format Communication Plan Communication Plan for the project. PDF Data Migration Workbook The plan that will document the necessary steps and procedures that will be performed by both parties (Seller and Customer) to ensure the successful migration of the Customer’s data. Visual depiction of the current data and storage environment. PDF Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. Page 148 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 PROJECT SCHEDULING Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule (“Anticipated Schedule”) based on Seller’s project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise , are estimates only, and the Parties will not rely on them for purposes other than initial planning. TOTAL FEES The total fees due and payable under this SOW (“Total Fees”) include both fees for Seller’s performance of work (“Services Fees”) and any other related costs and fees specified in the Expenses section (“Expenses”). Unless otherwise specified, taxes will be invoiced but are not included in any numbers or calculations provided herein. Seller will invoice for the Total Fees. SERVICES FEES Services Fees will be calculated on a TIME AND MATERIALS basis. The invoiced amount of Services Fees will equal the rate applicable for a unit of a service or resource (“Unit Rate”) multiplied by the number of units being provided (“Billable Units”) for each unit type provided by Seller (see Table 2). The Total Estimated Services Fees of $11,860 is merely an estimate and does not represent a fixed fee. Neither the Total Estimated Billable Units of 54 nor the Total Estimated Services Fees are intended to limit the bounds of what may be requested or required for performance of the Services. Table 2 – Services Fees Unit Type Unit Rate Billable Units Subtotal Nutanix Senior Engineer – Per Hour $225 25 $5,625.00 Data Migration Senior Engineer – Per Hour $215 20 $4,300.00 Project Manager – Per Hour $215 9 $1,935.00 Estimated Totals 54.00 $11,860.00 The rates presented in Table 2 apply to scheduled Services that are performed during Standard Business Hours (meaning 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, excluding holidays). When Seller invoices for scheduled Services that are not performed during Standard Business Hours, Services Fees will be calculated at 150% of the Unit Rates. For any unscheduled (i.e., emergency) Services performed at any time of the day, Services Fees will be calculated at 200% of the Unit Rates. Any non-Hourly Units will be measured in one (1) unit increments when Services are performed remotely or at any Customer-Designated Location(s) (as defined below). Any Hourly Units will be measured in one (1) hour increments with a minimum of one (1) hour billed each day Services are performed remotely and four (4) hou rs billed each day Services are performed at any Customer -Designated Location(s). When Hourly Seller personnel must travel more than two (2) hours a day to work at any Customer -Designated Location(s), there will be a minimum of eight (8) hours billed for each day (less travel time that is invoiced pursuant to the “Expenses” section below). Upon notice, Seller may adjust the rates above, provided that the rates will remain fixed for at least six (6) months after t he SOW Effective Date and then again for at least six (6) months after any subsequent adjustment. The rates above only apply to Services specified in this SOW as it may be amended by one or more Change Order(s). Page 149 of 317 CDW Affiliate. – Proprietary and Confidential. TVTemplate Version, MV160122 EXPENSES When Seller’s personnel are located more than 50 miles from the Customer-Designated location, travel charges will apply. Seller will invoice Customer for the time Seller’s personnel spend traveling to and/or from the Customer -Designated Location(s) (or otherwise, as necessary) at a rate of $85/hour. Seller will make efforts to schedule appropriate personnel from Seller’s offices located nearest to the Customer -Designated Location(s) in order to minimize such expenses. Seller’s ability to do so may depend on various factors (e.g., specialized project skills needed, personnel availability, and changes to, or challenges inherent in, the Anticipated Schedule). Seller will invoice Customer for Seller’s reasonable, direct costs incurred in performance of the Services. Direct expenses include, but may not be limited to: airfare, lodging, mileage, meals, shipping, lift rentals, photo copies, tolls and parking . Seller will charge actual costs for these expenses. Any projected expenses set forth in this SOW are estimat es only. Two (2) weeks’ advance notice from Customer is requir ed for any necessary travel by Seller personnel. NOT FOR SIGNATURE THIS DOCUMENT IS A DRAFT INTENDED ONLY FOR USE IN THE REVIEW OF TEXT APPLICABLE TO A POSSIBLE SERVICES ENGAGEMENT. IT DOES NOT CONSTITUTE A CONTRACT OR A PROPOSAL FOR A CONTRACT. THE CONTENT OF THIS DOCUMENT, AS IT MAY BE NEGOTIATED BY THE PARTIES, IS INTENDED TO BE INCORPORATED INTO A STATEMENT OF WORK, WHICH WILL INCLUDE OTHER PROVISIONS AND WHICH WILL BE GOVERNED BY ADDITIONAL TERMS AND CONDITIONS. A PARTY’S SIGNATURE OR OTHER INDICATION OF APPROVAL ON OR RELATED TO THIS DOCUMENT SHALL HAVE NO BINDING OR CONTRACTUAL EFFECT. Page 150 of 317 Page 1 of 2 QUOTE CONFIRMATION DEAR STEVE HAVERT, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. ACCOUNT MANAGER NOTES:Thanks! QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRANDTOTAL MRDL731 3/16/2022 VEEAM 7005945 $2,583.79 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE Veeam Backup Essentials Universal License - migration subscription license 2 6517080 $326.05 $652.10 Mfg. Part#: V-ESSSTD-0S-SUPMG-00 Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Veeam Backup Essentials Universal License - migration subscription license 5 6514703 $343.67 $1,718.35 Mfg. Part#: P-ESSVUL-0I-SU1MG-00 Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) PURCHASER BILLING INFO SUBTOTAL $2,370.45 Billing Address: CITY OF PORT ORCHARD ACCTS PAYABLE 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $213.34 GRANDTOTAL $2,583.79 DELIVER TO Pleaseremitpaymentsto: Shipping Address: CITY OF PORT ORCHARD STEVE HAVERT 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Need Assistance? CDW•G LLC SALES CONTACT INFORMATION Danny Higgins |(877) 625-7671 |dannhig@cdwg.com This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager Page 151 of 317 Page 2 of 2 © 2022 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 152 of 317 QUOTE COHFIRMATIOH pEspl,E wN& &wY/, DEAR STEVE HAVERT, Thank you for considering CDWrG LLC for your computing needs. The details of your quote are below. flli*k h*r* to convert ycur quote to an order" ACCOUNT MANAGER NOTESI ThanKs! a. i qso?E # MTFX523 quo?H DAIE s/12/2022 qUO"E REFERENCE MERAKI SVUITCH OPTION CUSTOMER * 7005945 GRATTO TOTAL $27,1 25.28 Mfg. Part#: M5425-16-HW UNSPSC:43222612 Contract: Washington Cisco NASpO ValuePoint 4R3227 (4R3227 0s819) tirir"#...14fr.t#.Vi..W-*k*.r.*.r.?fr.R..:...riik4,t,.ti.rs.iftf,.ifr.fr.,1!ifrfr.fr$.#..{fr..v.s}.#.t.4.3..:t:..# :{-gary...-En.?;*.t:.s.Y:. Mfg. Pa*.f : LiC-MS425-16-3YR UNSPSC: 43233204 Electronic distribution - N0 MEDIA Contract: Washington Cisco NASPO ValuePoint A113227 $n3227 0sB 19) *i.$s*t.3*#"rtrki..#*.8-:f*::-3-f*..::..dir.s44t".ezze{:;4. .qp-!*.lp-.:: '7-,# .f..r" Mfg. Pdrt#: MA-CBL-TA-IM UNSPSC:26121609 Contract: Washington Cisco NASPO ValuePoint AR32?7 (AR3227 nqril a l 414228L $1 r,055.00 {i22,110.00 ?jtg44?.*-1..* - swittlr - $ r,r25^00 $2,250^0n4r94606 3364.1.37 *:***-#*t*J"#r#*A..ilpw-psfr&'Eh\s.T-w.e.Y,...&wE.y.:.-{*.rx}3.wn#:u.tts.k 2 6 $f|0.00 $480.00 FUlilflasER BrLLnuG rNFo I sgg-irornr-$24.,S40.00 Billlng Addressr CITY OF PORT ORCHARD ACCTS PAYABLE 216 PROSPECT ST PORT ORCHARD, WA 98366.5304 Phone; (360) 876"4407 payment Terms: Net 30 Dayg-Govt Ststs/Local $0^00 $2,7-85.2.8 s?7,125.28 Shipping Addres$: CITY OF PORT ORCHARD STEVE HAVERT 216 PROSPECT ST PORT ORCHARD, WA 98356.5304 Phone: {360) A76-4407 Shipping Method: DROP SHIP-6ROUND Page 1 of 2Page 153 of 317 @ dannhig@cdwg.comDanny Hiqgins (877) 625-7671 Need AssIstance? CDW.G LLC 5ALE5 CONTACT TNFORMATION Page 2 of 2Page 154 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The City of Port Orchard updates road striping in the city on an annual basis. By this Resolution, the City Council would authorize the Mayor to execute a contract with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project (the “Project”). On April 1, 2022, consistent with RCW 39.04.115 and the City’s Procurement Policies (adopted by Resolution No. 042-20, as amended), Public Works staff established a list of qualified contractors from the 2022 MRSC Small Works Roster for the Main Category – Roadway Construction, Repair & Maintenance, and Sub-Category – Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings, to perform the Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On April 15, 2022, and pursuant to Resolution No. 042-20(see Section 5 – Bid Procedures), the City’s Public Works Department emailed an Invitation to Bid for the Project to five (5) qualified contractors on the list. Two (2) bids were received by the April 29, 2022, 2:00pm deadline, at which time staff determined Stripe Rite Inc. was the presumed responsive and the qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total On May 5, 2022, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Stripe Rite, Inc bid of $69,935.36 (applicable tax included) was the lowest, responsive and responsible, qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 047-22, authorizing the Mayor to execute Contract No. C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project in the amount of $69,935.36. Relationship to Comprehensive Plan: Chapter 8- Transportation Motion for Consideration: I move to adopt Resolution No. 047-22, authorizing the Mayor to execute Contract No. C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project in the amount of $69,935.36. Page 155 of 317 Staff Report 8E Page 2 of 2 Fiscal Impact: Due to the increased cost for contracted road striping for 2021 and 2022, a budget amendment may be needed. This work is budgeted under 002.05.542.64.40 Alternatives: Do not approve. Attachments: Resolution No. 047-22, Ex. A – MRSC Roster, and Ex. B - Small Works Contract No. C059-22. Page 156 of 317 RESOLUTION NO. 047-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C059-22 WITH STRIPE RITE, INC. FOR THE 2022 CITY OF PORT ORCHARD ROAD STRIPING PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS PROCUREMENT PROCEDURES. WHEREAS, the City updates road striping throughout the City on an annual basis and identified the need for the 2022 City of Port Orchard Road Striping project (the “Project”); and WHEREAS, the City is a member of the Municipal Research and Services Center of Washington (MRSC) Small Public Works Roster program, and MRSC solicited on behalf of participating local government agencies, including the City, within Washington State (including the City of Port Orchard) for the 2022 MRSC Small Public Works Roster; and WHEREAS, on April 1, 2022, pursuant to RCW 39.04.155 and the City’s Procurement Policies, adopted at Resolution No. 042-20, the City’s Public Works Department established a roster of qualified contractors from the 2022 MRSC Small Works Roster, for the Main Category – Roadway Construction, Repair & Maintenance, and Sub-Category – Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings; and WHEREAS, on April 15, 2022, the City’s Public Works Department issued an Invitation to Bid for the Project to five (5) qualified contractors on the selected roster; and WHEREAS, on April 29, 2022, the City’s Public Works Department received two (2) bids by the 2:00pm deadline, and staff determined that Stripe Rite, Inc. submitted the apparent lowest, qualified bid for the Project; and WHEREAS, on May 5, 2022, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Stripe Rite, Inc. as the lowest, responsive and responsible qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 157 of 317 Resolution No. ___ Page 2 of 2 THAT: The City Council authorizes the Mayor to execute Contract No. C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of May 2022. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Wallace, MMC, City Clerk Page 158 of 317 ExhibitA Page 159 of 317 Page 160 of 317 Page 161 of 317 Page 162 of 317 Page 163 of 317 Page 164 of 317 Page 165 of 317 Page 166 of 317 Page 167 of 317 Page 168 of 317 Page 169 of 317 Page 170 of 317 Page 171 of 317 Page 172 of 317 Page 173 of 317 Page 174 of 317 Page 175 of 317 Page 176 of 317 Page 177 of 317 Page 178 of 317 Page 179 of 317 Page 180 of 317 Page 181 of 317 Page 182 of 317 Page 183 of 317 Page 184 of 317 Page 185 of 317 Page 186 of 317 Page 187 of 317 Page 188 of 317 Page 189 of 317 Page 190 of 317 Page 191 of 317 Page 192 of 317 Page 193 of 317 Page 194 of 317 Page 195 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: On April 5, 2022, McCormick Development Corporation submitted an application for final plat approval for Division 12, Phase 1 of the McCormick West subdivision project. 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 Division 12, Phase 1 of the McCormick West subdivision creates 48 single-family residential lots and 3 tracts for open space. 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 12, Phase 1. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 12, Phase 1. 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 196 of 317 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 48-LOT AND 3-TRACT PLAT KNOWN AS MCCORMICK WEST DIVISION 12 PHASE 1 WHEREAS, 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 12, Phase 1 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 April 5, 2022, application was submitted for the final plat of Division 12 Phase 1 of the McCormick West preliminary plat to include 48 single-family residential lots and 3 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 have 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 WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and Page 197 of 317 Resolution No. ___ Page 2 of 2 WHEREAS, the City Council finds that the McCormick West Division 12 Phase 1 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 12 Phase 1 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 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 Port Orchard City Council approves the final plat for McCormick West Division 12 Phase 1, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The McCormick West Division 12 Phase 1 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 198 of 317 MCCORMICK WEST DIVISION 12, PHASE 1 SHEET :1. OF 5 A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON DEDICATION KNOW All MEN BY 11-IESE PRESENTS 11-IAT WE, 11-IE UNDERSIGNED OWNERS IN 11-IE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF 11-IE LAND HEREBY PLATTED, HEREBY DECLARE 11-IIS PLAT AND DEDICATE TO 11-IE USE OF 11-IE PUBLIC FOREVER All STREETS AND AVENUES SHOWN 11-IEREON AND USE 11-IEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT Will-I 11-IE USE 11-IEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO 11-IE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FlllS UPON 11-IE LOTS AND BLOCKS SHOWN ON 11-IIS PLAT IN 11-IE ORIGINAL REASONABLE GRADING OF 11-IE STREETS AND AVENUES SHOWN HEREON. 11-IE UNDERSIGNED OWNERS HEREBY WAIVE All CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTI-IORITY WHICH MAY BE OCCASIONED TO 11-IE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. 11-IIS SUBDIVISION HAS BEEN MADE 1'1111-1 OUR FEE CONSENT AND IN ACCORDANCE Will-I OUR DESIRES. All WATER MAINS AND APPURTENANCES LOCATE Wlll-llN PUBLIC RIGHT-OF-WAYS OR Wlll-llN EASEMENTS DEDICATED TO 11-IE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO 11-IE CITY OF PORT ORCHARD. All SANITARY SEWER MAINS, STORM DRAINAGE MAINS AND APPURTENANCES LOCATE Wlll-llN PUBLIC RIGHT-OF-WAYS OR Wlll-llN EASEMENTS DEDICATED TO 11-IE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO 11-IE CITY OF PORT ORCHARD. 11-IE UNDERSIGNED OWNER OR OWNERS OF THE INTEREST IN THE REAL ESTA TE DESCRIBED HEREIN HEREBY DECLARE 11-IIS MAP AND DEDICATE 11-IE SAME FOR A COMMON INTEREST COMMUNITY NAMED MCCORMICK WEST DIVISION 12 PHASE 1 AS 11-IAT TERM IS DEFINED IN 11-IE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET 11-IE REQUIREMENTS OF 11-IE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. 11-IIS MAP AND ANY PORTION 11-IEREOF 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 JAMES N. TOSTI, AUTI-IORIZED SIGNATORY ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF __ _ ) )SS ) ON 11-IIS __ DAY OF ________ 20_ BEFORE ME, 11-IE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR 11-IE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED JAMES N. TOSTI TO ME PERSONALLY KNOWN (OR PROVEN ON 11-IE BASIS OF SATISFACTORY EVIDENCE) TO BE 11-IE AUTHORIZED SIGNATORY OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, 11-IE CORPORATION AND COMPANY THAT EXECUTED 11-IE Wlll-llN AND FOREGOING INSTRUI.IENT, AND ACKNOWLEDGED SAID INSTRUI.IENT TO BE 11-IE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR 11-IE USES 11-IE PURPOSES 11-IEREIN MENTIONED, AND ON OA 11-1 STA TED THAT HE WAS AUTI-IORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION AND COI.IPANY. l'IITNESS MY HAND AND SEAL HERETO AFFIXED 11-IE DAY AND YEAR IN 11-IIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT _________ _ MY COI.IMISSION EXPIRES ------� PRINT NOTARY NAI.IE SURVEYOR'S ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF __ _ ) )SS ) ON 11-IIS __ DAY OF ________ 20_ BEFORE ME, GLENN R. SPRAGUE, PERSON All Y APPEARED, PROVED TO ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE WITH AND FORGOING INSTRUMENT, AND ACKNOWLEDGED 11-IAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR 11-IE USES AND PURPOSES 11-IEREIN t.lENTIONED. l'IITNESS MY HAND AND SEAL HERETO AFFIXED 11-IE DAY AND YEAR IN 11-IIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT _________ _ MY COMMISSION EXPIRES ______ _ PRINT NOTARY NAI.IE VICINITY MAP 1· = 4,000' IX SITE INDEX NW 1/ 4 OF 11-IE SE 1/ 4, SEC. 8, TWP. 23N, RGE. 1E, W.M. APPROVALS CITY ENGINEER'S APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT 1'1111-1 All APPLICABLE TOWN/CITY lt.lPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED 11-IIS FINAL PLAT AS TO 11-IE LAYOUT OF STREETS. ALLEYS AND 011-IER RIGHTS-OF-WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND 011-IER STRUCTURES. EXAMINED AND APPROVED BY ME 11-IIS _ DAY OF _________ 20_. CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT l'IITH All APPLICABLE TOWN/CITY lt.lPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DA TE OF PRELIMINARY PLAT APPROVAL. I HA VE APPROVED 11-IIS FINAL PLAT AS TO 11-IE LAYOUT OF STREETS. AllEYS AND 011-IER RIGHTS-OF-WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND 011-IER STRUCTURES. EXAMINED AND APPROVED 11-IIS _ DAY OF _________ 20_. COI.IMUNITY DEVELOPI.IENT DIRECTOR CITY COUNCIL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. 11-IIS _ DAY OF ---------20� CITY CLERK MAYOR CITY FINANCE DIRECTOR I HEREBY CERTIFY THAT All TAXES AND DELINQUENT ASSESSMENTS FOR WHICH 11-IE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXAMINED AND APPROVED 11-IIS _ DAY OF _________ 20_. FINANCE DIRECTOR DATE COUNTY TREASURER 11-IIS IS TO CERTIFY 11-IAT All TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FUllY PAID AND DISCHARGED, ACCORDING TO 11-IE RECORDS OF t.lY OFFICE, UP TO AND INCLUDING THE YEAR � EXECUTED THIS _ DAY OF _________ 20� COUNTY TREASURER COUNTY AUDITOR FILED AT 11-IE REQUEST OF GLENN R. SPRAGUE, P.L.S, 11-IIS DAY OF _________ 20_ AND RECORDED IN VOLUME __ OF ______ , PAGE(S) __ , RECORDS OF KITSAP COUNTY, WASHINGTON. AUDITOR'S FILE NUMBER KITSAP COUNTY AUDITOR SURVEYOR CERTIFICATE 11-IIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF 11-IE SURVEY RECORDING ACT AT 11-IE REQUEST OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, IN ____ 2022. I HEREBY CERllFY 11-IAT THIS MAP FOR MCCORMICK WEST DIVISION 12 PHASE 1, 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 11-IE 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 CERTIFICATE NUMBER 41299 DATE cORE � DES I G N CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 9801 1 425.885.7877 JOB NO. 20:1..97 LU22-Plat Final-02Page 199 of 317 MCCORMICK WEST DIVISION 12, PHASE 1 SHEET 2 OF 5 A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LEGAL DESCRIPTION THE LAND IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: TRACT 1E, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON RESTRICTIONS OF RECORD 1.THIS SITE IS SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND ASSESSMENTS; BUT DELETING ANY COVENANT,CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION3604(C), OF THE UNITED STATES CODE RECORDED UNDER RECORDING NUMBER 202006240286. SAID DOCUMENT SUPERSEDES ANDREPLACES ALL PREVIOUSLY RECORDED DECLARATIONS FOR MCCORMICK WOODS PUD. AMENDMENT(S) AND/OR MODIFICATION(S) OF SAIDCOVENANTS RECORDED RECORDING NUMBERS 202102170330 AND 202109070143. 2.THIS SITE IS SUBJECT TO PROVISIONS OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE MCCORMICK WOODS ASSOCIATION ANDANY TAX, FEE, ASSESSMENTS OR CHARGES AS MAY BE LEVIED BY SAID ASSOCIATION, 3.THIS SITE IS SUBJECT TO AN ANNEXATION AGREEMENT/DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDEDUNDER RECORDING NUMBER 201112190136. 4.THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ASSIGNMENT OF AGREEMENTS,EASEMENTS, COVENANTS AND RECORDED INTERESTS IN PROPERTY" RECORDED UNDER RECORDING NUMBER 201512310228. 5.THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 1JEVELOPMENT AGREEMENT BY ANDBETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATIONIMPROVEMENTS' RECORDED UNDER RECORDING NUMBER 202102190203. 6.THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 1JECLARATION OF COVENANT ASSOCIATEDWITH PERFORMANCE OF SITE STABILIZATION AND EROSION AND SEDIMENTATION CONTROL" RECORDED UNDER RECORDING NUMBER202103040174. 7.THIS SITE IS SUBJECT TO ANY AND ALL OFFERS OF DEDICATIONS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES AND/OR PROVISIONSSHOWN OR DISCLOSED ON THE FACE OF THE PLAT OF MCCORMICK WEST DIVISION 11, RECORDED IN VOLUME 35 OF PLATS AT PAGE(S) 214THROUGH 223, INCLUSIVE. SHOWN HEREON WHERE APPLICABLE. DEVELOPMENT ENGINEER/NG NOTES 1.NO DIRECT VEHICULAR ACCESS SHALL BE ALLOWED TO TELFORD WAY SW. 2.OWNERS OF RESIDENTIAL LOTS WITHIN THIS PLAT ARE RESTRICTED FROM OBSTRUCTING, DIVERTING, OR RECHANNELING STORMWATER FLOWSPRIOR TO REVIEW AND APPROVAL OF THE CITY OF PORT ORCHARD PUBLIC WORKS. 3.PURSUANT TO POMC CHAPTER 16.50, PRIOR TO ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL DWELLING UNITS, SCHOOL IMPACT FEESSHALL BE PAID. MAINTENANCE COVENANTS 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 TRAmc SIGNAGE. MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS. TRACT NOTES 1.TRACTS 12-1A, 12-18, AND 12-1C ARE OPEN SPACE TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK WOODSHOMEOWNERS ASSOCIATION. LOT/HOUSE NUMBER DESIGNATION TABLES LOT HOUSE NUMBER LOT HOUSE NUMBER 60 5751 GREAT GLEN ROAD SW 86 3832 SW SYLVIA COURT 61 5771 GREAT GLEN ROAD SW 87 3842 SW SYLVIA COURT 62 5791 GREAT GLEN ROAD SW 88 3843 SW SYLVIA COURT 63 5801 GREAT GLEN ROAD SW 89 3833 SW SYLVIA COURT 64 5821 GREAT GLEN ROAD SW 90 3823 SW SYLVIA COURT 65 5841 GREAT GLEN ROAD SW 91 3813 SW SYLVIA COURT 66 5861 GREAT GLEN ROAD SW 92 3803 SW SYLVIA COURT 67 5881 GREAT GLEN ROAD SW 93 3797 SW SYLVIA COURT 68 5901 GREAT GLEN ROAD SW 168 6001 GREAT GLEN ROAD SW 69 5921 GREAT GLEN ROAD SW 169 6009 GREAT GLEN ROAD SW 70 5941 GREAT GLEN ROAD SW 170 6019 GREAT GLEN ROAD SW 71 3796 SW BIGLER WAY 223 3798 SW SUNNYSIDE STREET 72 3816 SW BIGLER WAY 224 3808 SW SUNNYSIDE STREET 73 3826 SW BIGLER WAY 225 3818 SW SUNNYSIDE STREET 74 3836 SW BIGLER WAY 226 3828 SW SUNNYSIDE STREET 75 3846 SW BIGLER WAY 227 3838 SW SUNNYSIDE STREET 76 3847 SW BIGLER WAY 228 3840 SW SUNNYSIDE STREET 77 3837 SW BIGLER WAY 229 3849 SW SUNNYSIDE STREET 78 3827 SW BIGLER WAY 230 3839 SW SUNNYSIDE STREET 79 3817 SW BIGLER WAY 231 3825 SW SUNNYSIDE STREET 80 3813 SW BIGLER WAY 232 3800 SW SUNNYSIDE STREET 81 3795 SW BIGLER WAY 233 3799 SW SUNNYSIDE STREET 82 3796 SW SYLVIA COURT 83 3802 SW SYLVIA COURT 84 3812 SW SYLVIA COURT 85 3822 SW SYLVIA COURT EASEMENT PROVISIONS 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 ORPRIVATE UTILITY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PROPERTY ABUTTING PRIVATE OR PUBLICROADWAYS WITHIN THE PLAT, AS DEPICTED HEREON; IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAINUNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVINGTHE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, SANITARY SEWER, WATER, CABLE TELEVISION SERVICE AND OTHERUTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSESSTATED. ALL PERMANENT UTILITY SERVICES SHALL BE PROVIDED BY UNDERGROUND SERVICE EXCLUSIVELY. THE LOCATION AND DIMENSIONSOF THESE UTILITY EASEMENTS ARE SHOWN ON THE FACE OF THIS PLAT AND LABELED P.U.E. (PUBLIC UTILITY EASEMENT) 2.A PRIVATE WALL AND STORM DRAINAGE EASEMENT (S.D.W.E) SHOWN HEREON OVER LOTS 60 THROUGH 65, 71 THROUGH 87, 90 THROUGH93, IS HEREBY DEDICATED TO SAID LOT OWNERS. SAID LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR, ANDRECONSTRUCTION OF THEIR PORTION OF THE WALLS AND DRAINAGE FACILITIES WITHIN SAID EASEMENT AND SHALL HAVE A RIGHT OFENTRY FOR THIS PURPOSE. 3.A 10' PRIVATE STORM DRAIN EASEMENT {S.D.E) IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS SHOWNON SHEETS 4 AND 5. SAID PRIVATE STORM DRAIN EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE DRAINAGEFACILITIES WITHIN SAID EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OFTHEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. THEBURDEN/BENEFITED LOTS ARE: 67/66 & 68, 70/69, 71-74/72-75, 77-81/76-80, 82-85/83-86, 89-93/88-92, 169/168 & 170,223-227 /224-228, 230-233/229-233. PUBLIC PEDESTRIAN ACCESS EASEMENT ( P.P.A.E) PROVISION THIS PLAT IS SUBJECT TO A PUBLIC PEDESTRIAN ACCESS EASEMENT (P.P.A.E) SHOWN HEREON OVER LOTS 81 AND 233. SAID PUBLIC PEDESTRIAN ACCESS EASEMENT IS FOR THE PURPOSE OF ACCESSING MAIL BOX/KIOSK WITHIN SAID EASEMENT. THE 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. PLAT NOTES 1.ALL EXTERIOR DIVISION 12 PHASE 1 PLAT CORNERS, INTERIOR REAR LOT CORNERS AND THOSE MARKED BY A REBAR SYMBOL HEREON AREMARKED WITH A 1/2" REBAR WITH YELLOW PLASTIC CAP, STAMPED CORE 41299, UNLESS NOTED OTHERWISE. FRONT LOT CORNERS FORLOTS IN DIVISION 12 PHASE 1 ARE MARKED WITH A ROCK NAIL AND FLASHER, STAMPED CORE 41299, SET IN THE CURB LINE AND OFFSETALONG THE LOT LINE PROJECTED FROM THE FRONT LOT CORNER TOWARDS THE ADJACENT ROAD A DISTANCE OF 6.20 FEET UNLESSOTHERWISE NOTED IN THE LOT CORNER OFFSET TABLE. (SEE BELOW) 2.THE ENTIRETY OF THE MCCORMICK WEST DIVISION 12 PHASE 1 PROJECT IS BEING DONE UNDER THE DIRECT SUPERVISION OF GLENN R.SPRAGUE, LS#41299. THE PROPERTY CORNER STAKING, INCLUDING THE OFFSET FRONT AND REAR LOT CORNERS, HAS BEEN DONE UNDERTHE DIRECT SUPERVISION OF GLENN R. SPRAGUE, LS#41299. 3.THE MCCORMICK WOODS ASSOCIATION WAS ESTABLISHED ON JULY 21, 1986, CORPORATION NO. 2-376064-8. 4.A MINIMUM OF ONE TREE PER LOT SHALL BE INSTALLED WITHIN THE FRONT YARD OF EACH LOT PRIOR TO THE ISSUANCE OF ACERTIFlCA TE OF OCCUPANCY FOR THAT LOT. DECLARANT NOTE: THE HOMEBUILDER SHALL BE RESPONSIBLE FOR PLANTING THE TREE PRIOR TO THE ISSUANCE OF A CERTIFICATE OFOCCUPANCY. 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 THEFINAL PLAT. DECLARANT NOTE: THE MAXIMUM IMPERVIOUS AREA PER LOT SHALL BE 80 PERCENT OF THE LOT AREA OR 4,000, WHICHEVER IS LESS. 6.ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. LOT CORNER OFFSET TABLES LOTS FRONT LOT CORNER LOTS OFFSET DISTANCE 63 / 64 5.90 60 / 61 64 / 65 6.30 61 / 62 TR / 76 7.00 62 / 63 86 / 87 6.30 63 / 64 88 / 89 6.80 64 / 65 r REAR LOT CORNER OFFSET DISTANCE 5.00 5.00 5.00 5.00 5.00 cORE � DES I G N CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO. 20:1..97 LU22-Plat Final-02Page 200 of 317 MCCORMICK WEST DIVISION 12, PHASE 1 SHEET 3 OF 5 FOUND 1" IRON PIPE @ mJI a THE NW CORNER SEC. 8, iTWP. 23 N, RGE. 1 E, WJ.4., 0.2' ABOVE GRADE, I 8' S OF EDGE GRAVEL RD.VISITED 2020-10-02 7 18 .� ..... I I SURVEY NOTES CALCULATED W 1/4 CORNERPER ROS 9406230031 NOT VISITED FOUND 1" IRON PIPE @ THE SW CORNER SEC. 8, TWP. 23N, RGE. 1 E, W.M., VISITED 2020-12-16 TRACT 1 LAND SEG AFN 200010310145 / / < � � T- 1.ALL llTLE INFORMAllON SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRSTAMERICAN llTLE INSURANCE COMPANY, SUBDIVISION GUARANTEE NO. 5003353-0003286E, EFFECTIVE DATE FEBRUARY 25, 2022. IN PREPARING THIS MAP,CORE DESIGN, INC. HAS CONDUCTED NO INDEPENDENT llTLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF ANY llTLE ISSUES AFFECllNG THE SURVEYED PROPERTY OTHERTHAN 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 llTLE'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 TOTALSTAllON WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTAllON 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 INFEBRUARY, 2022. 4.ALL DISTANCES ARE IN US FEET AT GROUND LEVEL. A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON ----- / / / �- TRACT 3 LAND SEG 8 � NOT VISITED_/ 11 R=850.00 ll=T51'12" / L=116.51 N59.36'55"E R=667.00 115.59 ll=54"07' 49• L=630.15 I N67"28'07"E173.59 N22'51' 48"E /294.13 \ EXISTING INGRESS, EGRESS & UTILITIES EASEMENT�c. �o. 200102090007 ,Naa•55•22·w 5212.56' ' , .... AFN 200010310145 !---,----� e,'\ � / \ \ CALCULATED E 1/4 QTR CORNOT VISITED \_ FOUND 3" BRASS DISK @THE SE CORNER SEC. 8,TWP. 23 N, RGE. 1 E, W.M.,VISITED 2020-12-16 CURVE TABLE 17 0 FOUND 'w1TNESS 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 LINE TABLE LINE #BEARING LENGTH L1 N24"25'48"E 27.65 L2 N24"25'48"E 104.00 L3 N65·34•12·w 241.27 L4 N7a·2r 45•w 107.15 L5 N1Y55'29"E 2.69 L6 N76.04'31"W 105.00 L7 N1B"00'39"W 66.69 LB N71 '59'21 "E 105.00 L9 N1 B"00'39"W 28.67 L10 N7919'51"E 98.65 L11 N11i3'34"E 105.00 L12 N78'46'26"W 4.99 SCALE: 1" = 400' 200 400 800 I �� �'"' ':l ��C.� � �G-ij ',\0\-- 'V CURVE # RADIUS DELTA LENGTH !1 1 ! BASIS OF BEARINGS NBT02'01"W BETWEEN THE NORTH QUARTER CORNER AND THE NORTHEAST CORNER SECllON 8 PER BOUNDARY LINE ADJUSTMENT LU20-BLA-01 RECORDED UNDER AUDITOR'S FILE NUMBER 202103180067RECORDS OF KITSAP COUNTY, WASHINGTON. REFERENCES 1.BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON. 2.MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. Cl C2 C3 C4 C5 25.00 73°44'23"32.18 247.00 13i5'48"57.18 25.00 9410'02"41.09 616.00 410'02"44.80 565.00 13i2'14"130.20 cORE � DES I G N CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO. 20:1..97 LU22-Plat Final-02Page 201 of 317 MCCORMICK WEST DIVISION 12, PHASE 1 SHEET 4 OF 5 SCALE: 1" = 40' 0 20 40 ! ! ! I I I �I l • ...., I 19• G I 57' � l I I I 80 ! I I fkt 6/// TRACT 12-1A OPEN SPACE 9,866± SF I � 76 s,, 87 6,552± SF I I I I I I I I I I I 88 9,834± SF C18 ---- 86 8,096± SF 77 ---- I I 78 I I I I I I I I --- f--I --+-------- I LEGEND ffi FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH & STAMPED "41299" El, SET CITY OF PORT ORCHARD STANDARD MONUMENT O FOUND 1/2" REBAR WllH YELLOW PLASTIC CAP STAMPED "CORE 41299" •SET 1/2" REBAR WllH YELLOW PLASTIC CAP STAMPED "CORE 41299" ••SET 1/2" REBAR WllH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTYLINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE,SHEET 2 E.P P.U.E S.D.E S.D.W.E P.P.A.E R-0-W EASEMENT PROVISION, SEE SHEET 2 PUBLIC UTILITY EASEMENT, SEE E.P 1 PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OFlHIS PLAT A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON ------..., I I I 89 5,237± SF 85 6,445± SF 79 90 5,250± SF 84 6,223± SF 80 91 5,389± SF 83 5,726± SF 81 95 92 5,741± SF 10' S.D.E CURVE TABLE CURVE # RADIUS DELTA C1 500.00 1'08'34" C2 395.00 1'08'34" C3 395.00 0·43'02· C4 500.00 0·43'02· C10 25.00 7518'04" C11 353.00 2°22'14" C12 394.00 515'09" C13 394.00 515'09" C14 25.00 72•55'33• r------...'/, I 'i I I \ I I I I \ I I • I \ 94 10' P.U.E --f I lg 93 I :;J 6,800± SF / I I I I / I!,.., . 9) I I I ! I I I .¥r/1 !b LENGlH 9.97 7.88 4.94 6.26 32.86 14.61 36.12 36.12 31.83 CURVE TABLE CURVE# 21' C15 C16 C17 C18 C19 C20 C21 C22 I I I I I I I I I I I RADIUS 50.00 50.00 50.00 60.00 60.00 352.00 352.00 25.00 I N13'55'29.E 2.69 I DELTA 49·34'53• sa•59'50• 86'07'41" ro9•40• 1610'49" 219'33" 810'46" 73°44'23" 57 58 59 61 5,250± SF 62 5,339± SF 63 5,805± SF 64 5,306± SF LENGlH 43.27 60.21 75.16 1.22 16.94 14.29 50.25 32.18 - ------I SEESHEET5 LINE TABLE LINE # BEARING L1 N70·03'57"E L2 N44.21'24"W LB N68"40'29"W L9 Nsa·40•29•w L10 N8115'31"W L11 N8115'31"W L12 N80"26'51 "W L13 N78"46'26"W L14 N78.46'26"W LENGlH 10.00 10.00 47.14 14.45 46.49 51.93 10.80 39.84 60.16 cORE � DES I G N CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO. 20:1..97 LU22-Plat Final-02Page 202 of 317 MCCORMICK WEST DIVISION 12, PHASE 1 SHEET 5 OF 5 I SCALE: 1" = 40' 19' 20 40 I I I I I I /& I� � ft ;:;J " i, TRACT 12-1B 6,884± SF OPEN SPACE 51' I 229 7,976± SF 51.oo �3.o5 8No - •• 0 Cl0 SQ�. ----� 1111 cq q-' � R=25.00 .!!i I lF9410'02•e/ L=41.09 � II <I :g/ II a:: 51' 228 5,250± SF 227 5,250 ± SF 76 5,248± SF 230 7,867± SF 226 5,250± SF LEGEND @ FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH & STAMPED 0 41 299" El, SET CITY OF PORT ORCHARD STANDARD MONUMENT O FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41 299" •SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299"•• E.P P.U.E S.D.E S.D.W.E P.P.A.E R-0-W SET 1/2' REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 2 EASEMENT PROVISION, SEE SHEET 2 PUBLIC UTILITY EASEMENT, SEE E.P 1 PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 77 5,250± SF 78 5,444± SF 73 7,261 ± SF 79 5,803± SF 72 7,1 23± SF 80 6,148± SF 71 8,090± SF I I I I I \ I 81 6,419± SF I I!,., .i..., /-� (I !ti .._ ?v 65 5,250± SF I 69 66 5,250± SF 67 5,250± SF 68 5,250± SF 'J!:,o---.--C 23 5,262± SF 231 7,867 ± SF 225 5,270± SF LINE TABLE LINE# BEARING L3 N78'46'26"W L 4 N78'46'26"W L5 N8115'31"W L6 N8115'31"W L7 N68'40'29"W L12 N80'26'51"W 232 7,287± SF .u..1 0> _,.,.,�,,...._ I :l? / 0> ,-..: "' le I I <v II 0 ..J I I II • ..J l!2 I � � •-- F-... �$11 I _:;, Nil C?io �,. I le <I 11;:t; :g II _, II c-,J I <I <1/!'.8 10' P.U.E _i -� II 233 I � 8,482± SF : ;; I � II 21' <1 21 ' I JG I N 0> I :f" 0 0,...., "'" ,...._ I 11 II <I _, I t::: I � 9i I <I I --- 10' P.U.E ___..\ \ 224 6,131± SF t.=5.36'15" ll==/1'22 '51" L=68.93 L=33.94 R==J4-7.00 A=17"14'Jo• L=104.42 LENGTH 50.00 50.00 42.23 56.20 61.59 10.80 223 7,658± SF \ \ \ '?i.\ 12, \ \ \ \ 55.31 • t'19"'\9'5' t N06"00'56n W (R) I 70 6,039± SF NB0'2J'47"W TRACT 12-1C OPEN SPACE 2,483± SF 1os.00 NB5'45'41"W 1 0 5.00 168 6,180± SF 169 5,868± SF \--10' P.U.E 1705,250± SF � � 00 • NO u"if 1i cORE � DES I G N CURVE TABLE CURVE # RADIUS DELTA LENGTH C5 842.00 2·24'25• 35.37 C6 842.00 319'31" 48.87 C7 84 2.00 3°21'46" 49.42 CB 842.00 1•44•55• 25.70 C9 25.00 14'41'56" 6.41 C10 25.00 7518'04" 3 2.86 C23 305.00 012'33" 1.11 C24 200.00 012'33" 0.73 C25 200.00 13'03'00' 45.55 C26 305.00 5°21'54" 28.56 C27 200.00 5'21'54' 18.73 C28 200.00 13°21'17" 46.62 C30 169.00 17'09'46" 50.62 C31 169.00 3·59'35• 11.78 C33 800.00 2'5 2'55" 40.24 C36 800.00 4'00'27' 55.96 C37 800.00 3'51'36" 53.90 C39 25.00 90'00'00" 39.27 \ CURVE TABLE CURVE # RADIUS DELTA LENGTH C40 200.00 8'53'41" 31.05 C41 211.00 9'46'48" 36.02 C42 211.00 12'08'30" 44.71 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO. 20:1..97 LU22-Plat Final-02Page 203 of 317 CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 Fax: (360) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us May 12, 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 12 Phase 1 (LU22-PLAT FINAL-02) 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 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 204 of 317 Page 205 of 317 Page 206 of 317 Page 207 of 317 Page 208 of 317 Page 209 of 317 Page 210 of 317 Page 211 of 317 Page 212 of 317 Page 213 of 317 Page 214 of 317 Page 215 of 317 Page 216 of 317 Page 217 of 317 Page 218 of 317 CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND McCormick West Divisions 11 and 12 Name of Project _ Project Location _P_o_rt_O_rc_h_a_r_d _ Project/ Application# PW 21-027 PW 21-028 Perform ance Bond Amount$ 1,498,099 ------------------ Bond # 08072 69 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 of2 Page 219 of 317 And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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 _8_th __ day of February , 20~. Harco National Insurance Company Surety ByS}'«f !~ Silfigt e Jim S. Kuich Title 1 805 Kirkland Ave., #200 Print Name Attorney-in-fact Title PO Box 3018 Mailing Address Kirkland, WA 98033 Mailing Address Bothell, WA 98041-3018 City, State, Zip Code (425)894-6382 City, State, Zip Code ( 425)489-4500 Phone Number Phone Number j im.kuich@hubinternational.com Email Address Email Address Accepted by the City of Port Orchard this day of , 20_ By _ Signature Printed Name Title C ity of Port O rchar d L an dscape Perform ance B ond Page 2 of2 Page 220 of 317 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY M ember com panies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURA NCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURA NCE 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 INSURA NCE COMPANY and INTERNATIONAL FIDELITY INSURA NCE 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 INSURA NCE COMPANY and INTERNATIONAL FIDELITY INSURA NCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURA NCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURA NCE 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 INSURA NCE COMPANY and INTERNATIONAL FIDELITY INSURA NCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 STATE OF NEW JERSEY County of Essex STATE OF ILLINOIS County of Cook 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 INSURA NCE COMPANY and INTERNATIONAL FIDELITY INSURA NCE 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. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Shirelle A. Outley a Notary Public of Ne~ My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURA NCE COMPANY and INTERNATIONAL FIDELITY INSURA NCE 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 Irene Martins, Assistant Secretary Page 221 of 317 22 2 1 0 N E 8 0t h S tr e e t R e d m o nd , W A 98 0 53 M A IN (4 2 5 ) 8 68 -1 5 1 5 F AX (42 5 ) 8 6 8 -48 2 7 C O N . LI C . # B RA N DN l9 75 PP BASE PROPOSAL MCCORMICK WEST DIV 11 AND 12-WORK NOT COMPLETE AT PLAT RECORDATION Approved Landscape Plans - PW20-077 LANDSCAPE PERFORMANCE BOND WKS 2/3/2022 DESCRIPTION OF WORK ITEM: QUANTITY: UNIT: UNIT PRICE: TOTAL COST: AU I UIVll'I l:ILALt: IVIAt'Lt:, Z" t;AL 459.00 EA $354.00 $162,486.00 Vli'lt: IVIAt'Lt:, tHf 206.00 EA $186.00 $38,316.00 KUU:SA UUl,:;WUUU, Z' t;AL 218.00 EA $250.00 $54,500.00 UUUl,:;LA:S t-lK 291.00 EA $194.00 $56,454.00 l:IIU .::,vvALt: Kt:L::it: r UUl,:;VVUUU, 2 GALLON 877.30 EA $22.50 $19,739.25 l:IIU .::,WALt: .::,vv'UKU rt:KN, z GALLON 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 $12.40 $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: $998,733.15 150, Bond Amount: $1,498,099. 73 ! Kind Regards, Tutko Landscaping and Nursery Jason Tutko Page 222 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: On March 8, 2022, Richmond American Homes, owner of the property identified as the Plat of Geiger Road located at the southwest corner of the intersection of SE Blueberry Road and Geiger Road SE submitted an application for final plat approval. The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on February 13, 2020. A SEPA Mitigated Determination of Non-Significance (MDNS) for the subdivision was issued on December 23, 2019. The initial preliminary plat contemplated 50 single-family Lots comprised of 30 detached single-family lots and 20 attached single-family lots. Subsequent to preliminary plat approval, the property owner submitted a minor modification to the preliminary plat which was approved by the Department of Community Development Director on February 26, 2021 which did not change the conditions of approval from the February 13, 2020 Hearing Examiner Decision. Rather, the modification adjusted property lines to create larger building envelopes reducing the number of resultant Los from 50 to 46. The resultant Lots all accommodate detached houses. The Plat of Geiger Road subdivision creates 46 single-family residential lots and three tracts, consisting of common open space and stormwater facilities consistent with the conditions established in Hearing Examiner Decision, the MDNS, and the preliminary plat minor modification. The applicant has installed or bonded for roadway illumination, roads, sidewalks, water and sewer, landscaping, 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 transportation system. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the Final Plat for the Plat of Geiger Road. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval of the Plat of Geiger Road. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Public Works Approval Letter, Department of Community Development Approval Letter, Bill of Sale, and Performance Bonds. Page 223 of 317 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 46-LOT AND THREE-TRACT PLAT KNOWN AS FINAL PLAT OF GEIGER ROAD. WHEREAS, the property owner Richmond American Homes, represented by Craig Deaver with CES NW, Inc. (hereinafter “Applicant”), has submitted an application for Final Plat of Geiger Road Final located in the City of Port Orchard (hereinafter “the Property”); and WHEREAS, on February 13, 2020, after a duly-noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Geiger Road Preliminary Plat to create 50 single-family lots comprised of 30 detached single-family lots, and 20 attached single-family lots; and WHEREAS, on February 13, 2020, after a duly-noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Geiger Road Preliminary Plat to create 50 single-family lots comprised of 30 detached single-family lots, and 20 attached single-family lots; and WHEREAS, on February 26, 2021, a minor modification to the preliminary plat was approved by the Department of Community Development Director which adjusted property lines to reduce the number of lots created to 46, all of which are intended for construction of single-family detached homes; and WHEREAS, on March 8, 2022 the Applicant submitted an application seeking final plat approval for the Final Plat of Geiger Road, for the subdivision of 46 single-family residential lots, three tracts, and public right-of-way; 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 WHEREAS, the Applicant has secured bonds guaranteeing completion of the improvements required by the Preliminary Plat Approval; and Page 224 of 317 Resolution No. ___ Page 2 of 2 WHEREAS, the City Council finds that the Final Plat of Geiger Road 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 Final Plat of Geiger Road 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 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 Port Orchard City Council approves the Final Plat of Geiger Road, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Final Plat of Geiger Road 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 225 of 317 PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON DEDICATION 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. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF PORT ORCHARD, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF PORT ORCHARD. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF PORT ORCHARD, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB-SURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF PORT ORCHARD, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF PORT ORCHARD, ITS SUCCESSORS, OR ASSIGNS. THE EAST 5 FEET OF SAID SUBDIVISION SHALL BE DEDICATED TO THE PUBLIC UPON RECORDING OF THE PLAT. TRACT "A" AN STORM WATER/POND TRACT, IS TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT TRACT "B", AN OPEN SPACE/RECREATIONAL TRACT, IS TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. TRACT "c", AN SANITARY SEWER FACILITIES TRACT, IS TO BE DEDICATED TO WEST SOUND UTILITY DISTRICT UPON THE RECORDING OF THIS PLAT. TRACTS "E" AND "F" ARE DESIGN A TED LANDSCAPING TRACTS, AND ARE TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. 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 GEIGER ROAD, A PLAT COMMUNITY, 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 THE PLAT OF GEIGER ROAD RECORDED UNDER KITSAP COUNTY RECORDING NO. ___________ � THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: PETE WAGNER, VICE PRESIDENT OF FINANCE. RICHMOND AMERICAN HOMES OF WASHINGTON, INC. A COLORADO CORPORATION ACKNOWLEGMENT STA TE OF WASHINGTON ) )ss COUNTY OF ---) ON THIS __ DAY OF _____ , 2022, BEFORE ME PERSONALLY APPEARED PETE WAGNER, TO ME KNOWN TO BE VICE PRESIDENT OF FINANCE OF RICHMOND AMERICAN HOMES OF WASHINGTON, INC., A COLORADO CORPORATION 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 AND PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT HE IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST WRITTEN ABOVE. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: MY APPOINTMENT EXPIRES: PROTECTIVE COVENANTS SEE PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS RECORDED UNDER AUDITOR'S FILE NO. _ ________ � PLAT NOTES 1. BUILDING PERMITS ON THESE LOTS WILL BE SUBJECT TO IMPACT FEES PURSUANT TO CITY OF PORT ORCHARD MUNICIPAL CODE. 2.ACCESS TO ALL LOTS SHALL BE FROM ROADS WITHIN THE PROPOSED PLAT BOUNDARIES. 3.ALL LOTS SHALL ACCESS FROM INTERIOR PLAT ROADS ONLY. 4.MAINTENANCE OF TRACT 'A', 'B', 'E' AND 'F' SHALL BE THE RESPONSIBILITY OF THE GEIGER ROAD HOMEOWNERS ASSOCIATION. 5.DIMENSIONS AND USE OF ALL LOTS EMBRACED IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH CITY OF PORT ORCHARD MUNICIPAL CODE. 6. A 10-FOOT WIDE UTILITY EASEMENT WILL BE PROVIDED ACROSS ALL LOTS ABUTTING THE RIGHT-OF-WAYS OF ALL INTERIOR ROADS AS DEPICTED ON THE FACE OF THIS PLAT. 7.THE PROPERTY OWNERS AND /OR ASSOCIATION WITHIN THIS PLAT SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. THE COVENANTS, CONDITIONS AND RESTRICTIONS ADDRESS MAINTENANCE. 8.MINIMUM R1 ZONING SETBACKS: FRONT (PRIMARY STREET)= 10 FEET SIDE = 5 FEET SIDE STREET = 10 FEET REAR= 10 FEET MAXIMUM HARD SURFACE = 50 PERCENT MAXIMUM BUILDING HEIGHT = 35 FEET MINIMUM R3 ZONING SETBACKS FRONT (PRIMARY STREET)= 10 FEET SIDE = 5 FEET SIDE STREET = 10 FEET REAR= 10 FEETMAXIMUM HARD SURFACE = 80 PERCENT MAXIMUM BUILDING HEIGHT = 35 FEET 9. A MINIMUM OF 2 OFF-STREET PARKING SPACES SHALL BE PROVIDED ON EACH LOT WITHIN THE SUBDIVISION. ONE ADDITIONAL OFF-STREET PARKING SPACE IS REQUIRED PER LOT WHICH DOES NOT HAVE ADJACENT PUBLIC ON-STREET PARKING.10.LANDSCAPING SHALL BE INSTALLED AND MAINTAINED IN CONFORMANCE WITH THE REQUIREMENTS OF CITY OF PORT ORCHARD MUNICIPAL CODE AND THE APPROVED LANDSCAPING PLAN. MAINTENANCE OF STREET TREES LOCATED WITHIN THE RIGHT-OF-WAY SHALL BE THE RESPONSIBILITY OF ALL LOT OWNERS WITHIN THE PLAT AND /OR THE PLAT'S HOME OWNERS' ASSOCIATION. REQUIRED STREET TREES SHALL BE THE RESPONSIBILITY OF THE LOT OWNER TO MAINTAIN AND REPLACE IF IT IS DAMAGED, DISEASED OR DESTROYED. 11.ALL RECREATIONAL FACILITIES/AMENITIES SHALL BE MADE AVAILABLE TO ALL RESIDENTS WITHIN THE PLAT. 12.ALL RECREATIONAL FACILITIES/AMENITIES SHALL BE MAINTAINED IN GOOD WORKING ORDER BY THE LOT OWNERS WITHIN THE PLAT AND/OR THE PLAT'S HOME OWNERS' ASSOCIATION. 13.LOT 4 IS LIMITED TO THE DEVELOPMENT OF ONE SINGLE-FAMILY DWELLING. 14.LOTS 21-25 ARE IRREGULAR LOTS. TRACT NOTES TRACT A IS DESIGNATED A STORM DRAINAGE/POND TRACT AND IS TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH STORM DRAINAGE FACILITIES WITHIN SAID TRACT. TRACT B IS DESIGNATED A OPEN SPACE/PARK TRACT AND IS TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACT. TRACT C IS DESIGNATED A PUBLIC SANITARY SEWER PUMP STATION AND IS TO BE DEDICATED TO WEST SOUND UTILITY DISTRICT UPON THE RECORDING OF THIS FINAL PLAT. WEST SOUND UTILITY DISTRICT SHALL BE RESPONSIBLE FOR FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF THE IMPROVEMENTS CONTAINED THEREIN. TRACTS E AND F ARE DESIGNATED AS LANDSCAPING TRACTS AND ARE TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACTS. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PLAT OF GEIGER ROAD IS BASED UPON A COMPLETE AND ACTUAL SURVEY AND SUBDIVISION OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON, THAT THE MONUMENTS HAVE BEEN SET AND THE LOT AND BLOCK CORNERS STAKED CORRECTLY ON THE GROUND; THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS ACTUALLY SURVEYED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE STATUTES AND PLATTING REGULATIONS. I HEREBY CERTIFY THAT ALL INFORMATION REQUIRED BY THE WASHINGTON COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, (1) TO THE EXTENT DETERMINED BY THE WALLS, FLOORS, OR CEILINGS THEREOF, OR OTHER PHYSICAL MONUMENTS, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH SAID MAP, OR (2) TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. �e /-:,� p-r-zoz.'2--CHARLES E. PODZ�S CERTIFICATE: 50986 EXPIRATION: 2/21/2023 DATE: 5/5/2022 AUDITOR'S CERTIFICATE FILED FOR RECORD THIS APPROVALS CITY ENGINEER'S APPROVAL 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, _ ____ � 2022. CITY ENGINEER. COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT 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 _______ � 2022. COMMUNITY DEVELOPMENT DIRECTOR. CITY COUNCIL APPROVAL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, THIS __ �DAY OF --------� 2022. ATTEST: MAY CITY CLERK CITY FINANCE DIRECTOR APPROVAL 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. EXECUTED THIS DAY OF _ _ _ _ _ ___ 2022. FINANCE DIRECTOR COUNTY TREASURER APPROVAL 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 _______ _ COUNTY TREASURER INDEX: SW 1/4 OF SE 1/4, 2022. SEC 2, TWP 23 N., R 1 E., W.M. DAY OF . 2022 ----- PARCEL INFORMATION PARCEL NO.: 022301-4-002-2006 ADDRESS: NOT ASSIGNED PARCEL NO.: 022301-4-003-2005 ADDRESS: NOT ASSIGNED SHEET INDEX AT M I�� BOOK OF AT PAGE ____ _ CES:NWLNC DATE: 5/5/2022 DRAWN BY: CEP JOB NO: 20186 CHECKED BY DRAWING NAME: CDP 20186-SV-FP-C3D SHEET 1 SHEET 2 SHEET 3 SHEET 4 SHEET 5 DEDICATION, ACKNOWLEDGEMENTS, APPROVALS, CERTIFICATES, PLAT NOTES AND TRACT NOTES SURVEYOR NOTES, SECTION/BOUNDARY, LEGAL DESCRIPTION, REFERENCES TITLE EXCEPTIONS, SHEET LAYOUT MAP, EASEMENT PROVISIONS MAP, LOT ADDRESS TABLE --- AT THE REQUEST OF ----- UNDER AUDITOR'S FEE NUMBER COUNTY AUDITOR CIVIL ENGINEERING ti SURYEYING 429 29TH STREET, SUITE D PUYALLUP, WA 98372 JOB#20186 Bus: (253) 848-4282 ceservices@cesnwinc.com SHEET 1 OF 5 LU22-Plat Final-01Page 226 of 317 PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON I II 35 � 21 j NORTH QUARTER CORNER ' SECTION 2u I CALCULATED POSITION� PER R-3;..._ ' r----: I�I;1�I fl N89"07'57"W 2648.50' (C)_\_ i (#----------�----"""71_ c_·-________ _N89"07'57"W 2593.44' (C)=:-¾' I ! t i i i i ! I <O<O' o:i ,� 'N ,?a r--.._,.,., vNI� WEST QUARTER CORNER SECTION 2 CALCULATED POSITIONPER R-3 SW SEC. CORNER SECTION 2 CALCULATED POSITION PER R-3 <OOCl r<) N / iIco I�i:: I ,?a i .8/ �, N, SE SALMONBERRY ROAD ---1--EAST 1 / 4 CORNER , \ SECTION 2 3" BRASS DISK W/ PUNCH 1g DOWN 0.8' IN CASE r-: 10/28/2020 ,.,., w'ro 0 N v (/) I ,t . -N89"02'20"W 1307.65' (C) ~I I z j ·1 )L<:��:=;,-;:;:;:===-=-;::,;;;==;:6�5�3. ;: 82 :: ·�============- ;,i·"'f ------ __ 653 .82'� I i �, 15_01 •63 8.88'-/ /\SE BLUEBERRY ROAD____ 1, 1=--1,-s8-9-.o-2-·2-o-.. E-7 3-0-7-_5-5 -. -(c_) __ :__.· . <D o:i ,.,., <D ,?;-··-·--·--· --·-··-·----,.,., _o a,,.,.,1'i (/) SITE I � 1·�0 � N <('<D 0 3: j <D a:·'co 'w' a:_v OCl W � .v C, 1'i � iii v, 1'i c, ,z I i I' i I (D OC) N<D (D I� _n 0 1'i (I) ,.,., I • � ,.---........--8.32 S88"56' 49"E 641.5 1'-'. I,, i / 3:r-:;--,.,.,, -�i ,,.,, NI (I) ' ! !II/ _ I� i igi i i 0w w 0 ll'.'. <D wr---o.. 0 r--.. • <D0 r--.. • <D z LL I<l'. 1-::::J 0 (I) N88"5 9'34"W 656.56'_.,1�--i \ I I@ '<D Is I� I;:!; I� i I i i ----S88"5 9'34"E 656.56' ----�.7.1?-k-·---1 N88"59'33 ''W 13 13 .12 (C)'-\ I I i <O 'CX) N (D <D n ',.,., I� I�I !SE CORNER SECTION 2/ 3" BRASS DISK W/ PUNCH/ DOWN 0.25' IN CASE , I 2 �-----N -88-.5-6-,4-8-"W_2 _6-37 -.-16-, (c)·----1 �,®_-� -----L.___SOUTH 1/4 CORNER SECTION 2 659.29• I 1 __________ /L_· ----S88'56'49"E 1318.58' (C)/ I 10/2 8/2020 _6_5 _9._29_' _______ --JLY---�i S88'56'4 ��-1318.5 8' _(C) ____ -►2·5,,,,1 .. DATE: 5/5/2022 DRAWN BY: CEP CHECKED BY: CDP JOB NO 20186 NOT FOUND DRAWING NAME: 20186-SV-FP-C3D REFERENCES (R1) RECORD OF SURVEY, AFN 9303290065 (R2) SHORT SUBDIVISION, AFN 200008300062 (R3) UNRECORDED PRELIMINARY PLAT BY N.L. OLSEN & ASSOCIATES, PROJECT NO. 11077, DATED 2/14/2020 11 12 SURVEYOR NOTES 1)NAO 83-2011 (EPOCH 2010.00), WASHINGTON STATE PLANE,NORTH ZONE, (PER WASHINGTON STATE REFERENCE NETWORK)THE EAST LINE OF THE SE 1 / 4 SEC. 2, TWN 23N, RGE. 1 E.WHICH BEARS N1 "42'08"E.2) 3) 4) EQUIPMENT USED: TRIMBLE GPS, SPECTRA PRECISION FOCUS 35TOTAL STATIONTHIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINESOF THE "SURVEY RECORDING ACT', CHAPTER 5 8.09 RCW AND332-130 WAC.ALL MEASURING INSTRUMENTS UTILIZED DURING THE COURSE OF THIS SURVEY ARE MAINTAINED IN CONFORMANCE WITH MANUFACTURERS SPECIFICATIONS. 200 SCALE: 1 "= 200' 0 200 LEGEND � FOUND MONUMENT AS NOTED ( C)CALCULATED DIMENSION(�l) MEASURED DIMENSION 400 (R-#) REFERENCE SURVEY DIMENSION LEGAL DESCRIPTION (PER CHICAGO TITLE INSURANCE COMPANY OF WASHINGTON, INC. AL TA COMMITMENT NO. 0212716-16, 4TH GUARANTEE DATED MARCH 30, 2022.) PARCEL I: FOR APN/PARCEL ID: 022301-4-002-2006 AND 022301-4-003 -2005 BEGINNING AT A POINT 666-2/3 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; AND RUNNING THENCE SOUTH 325 FEET: THENCE WEST 646-2/3 FEET; THENCE NORTH 325 FEET; THENCE EAST 646-2/3 FEET TO POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN BLUEBERRY ROAD; PARCEL II: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER , SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M , IN KITSAP COUNTY, WASHINGTON: EXCEPT ANY PORTION LYING SOUTH OF THE NORTH LINE OF THE SOUTH 670 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SAID SECTION 2 AS DESCRIBED IN DEED TO R.B. WA TEN DA TED APRIL 23, 1919, AND RECORDED APRIL 25, 1919 IN VOLUME 86 OF DEEDS, PAGE 284, UNDER AUDITOR'S FILE NO. 67076; EXCEPT THE EAST 15 FEET THEREOF; PARCEL Ill: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SAID SECTION 2, DESCRIBED AS FOLLOWS: THENCE NORTH 02'39'03" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 992.91 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO JAMES M. CHICOLO AND MICHAEL M. CHESNEY BY DEED RECORDED ON NOVEMBER 24, 2014, UNDER AUDITOR'S FILE NO. 201411240077; THENCE SOUTH 89'00'57" EAST ALONG THE NORTH LINE OF SAID TRACT 640.17 FEET; THENCE NORTH 02'24'47" EAST 6.19 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL CONVEYED TO JAMES M. CH/COLO AND MICHAEL M. CHESNEY BY DEED RECORDED NOVEMBER 24, 2014 UNDER AUDITOR'S FILE NO. 201411240076; THENCE NORTH 89 "02'20" WEST ALONG THE SOUTH LINE OF SAID TRACT 640.17 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH 02'39'03" WEST 5.93 FEET TO THE TRUE POINT OF BEGINNING. CES:NWJNC CIVIL ENGINEERING ti SURVEYING 429 29TH STREET, SUITE D PUYALLUP, WA 98372 JOB#20186 Bus: (253) 848-4282 ceservices@cesnwinc.com SHEET 2 OF 5 LU22-Plat Final-01Page 227 of 317 DATE: 5/5/2022 DRAWN BY CEP PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W .M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON TITLE EXCEPTIONS (PER CHICAGO TITLE INSURANCE COMPANY OF WASHINGTON, INC. ALTA COMMITMENT NO. 0212716-16, 4TH GUARANTEE DATED MARCH 30, 2022.) 1 . 2. NOT SURVEY RELATED ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY SURVEY; RECORDING DATE: MARCH 29, 1993 RECORDING NO.: 9303290065 (VOLUME 38, PAGE 206) 3.NOT SURVEY RELATED. 4.EASEMENT AGREEMENT FOR UTILITY TRANSMISSION LINES RECORDING DATE: APRIL 29, 2021 RECORDING NO.: 202104290128 (AS SHOWN) 5.TERMS AND CONDITIONS OF UNRECORDED EASEMENT AS DISCLOSED BY STATUTORY WARRANTY DEED RECORDING DATE: MAY 13, 2021 RECORDING NO.: 202105130184 6.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: WEST SOUND UTILITY DISTRICT PURPOSE: WATER AND /OR WASTEWATER MAINS, PUMPS, APPURTENANCES THERETO AND FOR OTHER FUTURE UTILITIES AND APPURTENANCES DEEMED NECESSARY BY GRANTEE RECORDING DA TE: MAY 13, 2021 RECORDING NO.: 202105130184 7-8. NOT SURVEY RELATED. 9. THIS ITEM INTENTIONALLY DELETED. 10.EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: PUGET SOUND ENERGY, INC. PURPOSE: UTILITY SYSTEMS RECORDING DA TE: DECEMBER 22, 2021 RECORDING NO.: 202112220179 I I I I UNPLA'l''l'ED I SHEET LAYOUT UNPLATTED SCALE: 1 "= 1 oo· 100 0 MAGNOLIA RIDGE VOL. 35, PC. 188-192 100 -----------------r-------------, �l;_ID.UEBERRY _ROAD -------------:T ______ _ TRACT A r=:i µcl 31 .....:i 0... z :=i 30 TRACT I 29 ,O --------------i; B I . :=i I 28 27 A 25 26 µcl 0... z :=i 24 23 22 I I /ffiACCT I ! 32 33 34 1 2 3 4 I I I i -----���;::::t=� I -___ SE N9RDM�NN LOOP ------I , >- � ------------TRACT F --T-----I ,/ ·----I ,~------------' 1/ 46 35 I i 5 / w "T'----�•I Cl) I I 45 36 �1 j, rr--4-4---+--3_1 __ -i-fs/J-I rr-----t------Llf/43 38 42 39 41 40 6 7 8 9 10 11 I 21 � 20 I f--- 19 18 17 16 I I 15 14 13 I I '0 I� I a: I ffiI C, 1m SP-4379 =-----------==== ----rl ---------- 1 0... lfJ --7 , ___________ !__ _________________ _I �--------------- !I BLA AFN. 200811040156 I I!I' I -1--r--SP�141�-' I I "'=I' 1-w w :I: en I() 1-w w :I: en 200 CES:NWINC JOB NO: 20186 CHECKED BY: DRAWING NAME: CDP 20186-SV-FP-C3D CIVIL ENO/NEER/NO ti SURVEY/NO 429 29TH STREET, SUITE D PUYALLUP, WA 98372 JOB#20186 Bus: (253) 848-4282 ceservices@cesnwinc.com SHEET 3 OF 5 LU22-Plat Final-01Page 228 of 317 UNPLATTED PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON I I MAGNOLIA RIDGE II I VOL. 35, PG. 188-192 ' ◄ UNPLATTED 1' S2'24'46''W�-;l{")�--------------------L--�=��-�----��-;;;����;--;:=--::-::-----------:��1�5�.oo�·\�-;:--------------. -- -- - - · -i--0 r-l,.._-__ l{")_------------_________________ s 89·02 ·2o"E _6 53.82 'SE BLUEBERRY ROAD � ---�- scALE: r·= 50 • I: ?1· ... ,..-__ -_______ ;2�122.�74'4•----------11 i_--77;-5 .�02'2' ___ l_Ri60;-.0�2;:-. ..!N�8:£9':£0f2'1;20�''W!.;6���3��82i�=· ===.,-----_-';;'.-58;_:::'.o-2:::-.----- .... �--�-4".':o�- o �-1�·�����4--o -.0�1�· �:==-4-- 0.=0=1 ·=}l{")�=---4_8 _ 0 � 2 5�:o�o__�-�,�� ---------5� ��� ��r 5l����,�� l o I I I j I I I I I I I I /z I� 'O/z I� ,z 1� I � · I �� &,"-',') �'0-'°'-'"-"-''"''''"''"'� � �-� �EASEMENT AGREEMENT FOR� j ,::: r--.m i5 ,-.... ro --......_______ UTILITY TRANSMISSION LINES II r STERWEARCT PUMCP g � "' � w� '.;:;:) � v ---.....______ -AREA TO BE DEEDED PER AFN. 2 0 2104 2901 28 ..,. · " o 8 ;:: 0 � ,-...: "' 1 5 . :'.:: ,0•TO THE CITY OF TO BE EXTIN GUISHED UPON I -;.. STATION � ;:' --� --;:' <n • ..; THE RECORDING OF THIS PLAT I "' 5,658 SF 32 ,w 33 t' 34 -::::., � � ,,; I� PORT ORCHARD UPON I � f9J0j r 6,062 SF _';;: 6 ,1 28 SF '..i 5 ';;: 1 ';;: 2 {:_ 3 � 4 ro ;:.. THE RECORDING OF II -: /759} v -;.. 6 •�11 ,5[ � -;.-4, 195 SF -;.. 4,2 35 SF -: 4,2 76 SF -:;_ 5,051 SF � THIS PLAT. � S87'3 5 '13"E 75 .00' 1::; � /755} � L 771.1 � � /77.?J' � f78Jj 1::; /789} 1::; /795}� TRACT A STORM/POND 39,362 SF I i� ---Z b C/l C/l C/l � ( I ;;: J-1bi l ------- � -C2--34.00-;------6000;----------.---------e----7<(. 58.oo 4o oo · . -PUBLIC WATER & c:ic:i, ,,.---. 4o.oo SANITARY SEWER I .,'-0-'<>���t,,�� t EASEMENT I � .-�c:i'o -®-SE NORDMANN LOOP 40.00 '- 23.00' .... "' c>II I _/ AFN. 20 2 204110091 \ /"/0 � -�N8 "!3 5 '13"W 1 96 _0(1 --r· \" � ..._ix � -·,·� -II\ /,,- D<n "/ ,CJ ':;{--41-�=::::-::::-=:---""7:7::::-:::--=--------41...._--------81 N87'35'13''W 144.00 '�t--1-,-_....., _ _,:.1117 � I I � g N87'35'13"W 1 29.9 5' // =f,:,f>C><::P �----=--LAl:10.S.C&.!IJG 1�.oo· TRACT F -0_o N87'3 5 '13"W 78.40 ' 0 / / / N87'3 5 '13"W 12 0.00 · I & �---�=E�-C'_:, I ' '-.J ( 5 ----,,,.�r-�::-:::�-::-----=Nr---....:..:.::..:__:-=---.:.::'.....'..'.�::.:..:�----/-./__J ,,, ,.,. .....-N87'3 5 ' 13"W 93.33' _/[l :r - - -3,:228" SF'""----L�� o 31 / "> / /� / •10' PUBLIC UTI LITY EASEMENT ---J• ci 6,1 5 3 SF I u '-' / 46 8 o I -0 -i)! Ii) I I I 5 F st o 35 24' /735} 6,04 S ci I o 24' � i 4,561 SF ...:, /4455} TRACT B a PARK 0 0 17,823 SF Ii)a0 (D "' "'a ,w 0 ...... ac.ci .... 0 ¼ 0"' "' Ii) - aa0 00 Ii)-� I I f?40j Ii) Ii) 6 ,000 SF I � N87'3 5 '13''W 1 20.00'i :;; /4450} I • I q I I 10 PUBLIC UTILITY EASEMENT---!\ I N8 7'35'13"W 12 0.00'1 30 11.oo -24'� a /-10' PUBLIC UTILITY EASEMENT N87'35'13''W 1 20.00'I 24' o I 45 o I 6 }��// : g I S 1 6 ,000 SF � 36 1/ �0°Q.I r7301 g Ii) 6,000 SF N87'3 5 ' 13"W 12 0.00'/ Q g )L.'.I � [4470} 'Ii) I ' o g '"' ,1 I I ...J I N87'35'13"W 120.00'.w 1 9 I r--. N87'3 5 '13''W 120.00'2 IO - I v I 6,000 SF I �8 I 44 � 0 I z � I 17231 Is gi 6,000 SF � �37 :� , N87'3 5 '13"W 1 20.00': : f720J ,n 6j}J8i:V : S z I _..,.< .... � (/)l 1s· STORM , UTILITY & PED. A C CESS,'r1:--NN�8 7�'33!5;°•1123rl''WN11220:o.�00Y'---t ---;:-�-;;:-;-:-:;;���--J!_jIEASEMENTI N87'35'13"W 1 20.00' I a: z 28 1 g 81 I 6,0 00 SF I ci ci I 43 8 38 I 0 w I I /71.?J' : Ii) Ii) i 6 }��5JF g 6JJJ1if !g(/) I MATCH LINE SEE SHEET 5 EASEMENT PROVISIONS UTILITY EASEMENTS: w (/) w z g < I')...J I� "' I I I ol S87'35'13"E 1 00.00 ' 6 4,000 SF [445Jj S87'35'13"E 1 00 .00' 00 0.... ...J _w �,0 � �, 7 4,000 SF /447/j 000.... I- -;.. I "'"' r-�'-�s�8�7·�3�5 •�13�•�·E_1�0�0�.o�o·_�Q: � -I • al I _ 1-10 PUBLI C UTILITY EASEMENTg, 8 0 �I 4,000 SF � I /4479}v I S87'3 5 '13"E 1 00.00'9 4,000 SF /4505}00 0.... I r--. Q < a: I w C, w C, a' 0 ,w _..,. I�1 I j SP-4379 f--------------------- @• SF /777} LEGEND SET KITSAP COUNTY STANDARD MONUMENT "LS 50986" SE T REBAR AND CAP "LS 50986" SQUARE FOOTAGE OF LOT LOT ADDRESS Line Table Curve Table THE UNDERSIGNED HEREBY GRANTS, CONVEYS, AND QUIT CLAIMS TO THE PLAT OF GEIGER ROAD HOMEOWNER'S ASSOCIATION, PUGET SOUND ENERGY, LUMEN/WAVE BROADBAND, WEST SOUND UTILITY DISTRICT, CITY OF PORT ORCHARD PUBLIC WORKS, THE COUNTY OF KITSAP, AND OTHER UTILITY COMPANIES HAVING FRANCHISES OR PERMITS FROM THE CITY OF PORT ORCHARD, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT UNDER, ACROSS, THROUGH, AND UPON A "1 0 FOOT UTILITIES EASEMENT" ADJACENT TO THE PUBLIC AND PRIVATE ROADWAYS ON EACH LOT FOR THE PURPOSE OF CONSTRUCTION, RENEWAL, OPERATION, USE, AND MAINTENANCE OF UNDERGROUND CONDUITS, CABLE, PIPELINE, AND WIRES, TOGETHER WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT APPURTENANT THERETO, INCLUDING GROUND-MOUNTED APPURTENANCES, FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, COMMUNICATIONS, DRAINAGE, AND OTHER UTILITY SERVICE, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS TO SAID PROPERTY AND TO ENTER UPON ALL TRACTS AND LOTS LOCATED WITHIN THE PLAT OF HOGAN HEIGHTS, TO FACILITATE THE PURPOSES SET FORTH HEREIN. Line # Length Direction Curve #L1 3.00 S2 '24'47'W C1 L 13 4.00 S2'24'47"W C2 L 14 2.00 S2'24'47'W C 3 C20 C2 1 C22 C2 3 C24 DATE: 5/5/2022 DRAWN BY:CHECKED BY: CEP CDP Length Radius Delta 39.2 7 25.00 90 ·00 ·00" 2 6 . 2 2 116 .00 12"57'08" 48.39 11 6 .00 23'54'0 7"62 .39 68.00 52 '34'19 " 44.42 6 8.00 37'2 5 '41" 25.1 3 16 .00 90 ·00 ·00" 2 5 .1 3 1 6 .00 90 ·00 ·00" 39 .2 7 25.00 90 '00 '00" JOB NO: 20186 DRAWING NAME: 20186-SV-FP-CJD ALL UTILITY EASEMENTS SHOWN SHALL BENE FIT THE ABOVE LISTED ENTITIES AND THE LOTS THEY TOUCH. PRIVATE STORM DRAINAGE EASEMENTS: THE 15' AND 60' WIDE PRIVATE STORM DRAIN EASEMENTS UNDER AND ACROSS THE LOTS AS DEPICTED ON THIS PLAT, ARE HEREBY GRANTED AND CONVEYED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE ON SITE STORM DRAINAGE SYSTEMS. PUBLIC WATER EASEMENT: A EASEMENT IS HEREBY RESERVED AND GRANTED TO WEST SOUND UTILITY DISTRICT, ITS SUCCESSORS AND ASSIGN S, A PERPETUAL NONEXCLUSIVE EASEMENT OVER, UNDER, THROUGH AND ACROSS THE 60' WIDE UTILITIES EASEMENT AS DEPICTED ON THIS FINAL PLAT FOR THE PURPOSE OF CONSTRUCTION, RENEWAL, OPERATION, USE, AND MAINTENANCE OF WATER MAINS, FACILITIES AND APPURTENANCES TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES. CES:NWINC CIYIL ENGINEER/NO ti SURYEYINO 429 29TH STREE T, SUITE D PUYALLUP, WA 98372 JOB#20186 Bus: (253) 848-4282ceservices@cesnwinc.com SHEET 4 OF 5 LU22-Plat Final-01Page 229 of 317 I J I Q I µ:j µ.., z :::=i I I I I z 0 z :::=i I 8.32' 0 q <D NN <D oci o TRACT B PARK 17,823 SF N8T35'13"W 79.33' 15' STORM, UTILITY & PED. ACCESS EASEMENT 25 10,266 SF 0 0 0 ci 0 co <I) NN � r--.v :..i- -N 0 N 0 (/) ci .,., 28 6,000 SF /717/ N8T35'13"W 120.00' 27 6,000 SF /7!/J N8T35'13"W 120.07' I 26 6,075 SF /705) I • 0 lq10 I .,., I I I I • 0 10 I <D I v-I r') 0 <D oci ,w 0 r') 60' PUBLIC ACCESS, STORM, UTILITY & PEDESTRIAN ACCESS EASEMENT I PUBLIC WATER & SANITARY SEWER EASEMENT I �0' AFN. 202204110092 V.0N87"35'13"W 81.18' \ a>_o N z 51.32' N8T35'13"W i.r.,q,,, 24 � 10,999 SF [69Jj <D q <D � 23 r--. _v-8,872 SFv [68,lj N (/) i---N,...: N ,w r--.v ·vN Nz N8T35'13''W 101.47' N87"35'13"W 87.82' S87"35'13"E 75.17' 146.50' i---ci �� 22 }'-' 21 8,018 SF r--.v 6,717 SF [68/j � [675) N N z ---7 61.84' 55.02' 55.02' 55.02' ·- I I I I I I Curve Table Curve # Length Radius Delta C4 cs C6 C7 CB C9 C10 Cl 1 C12 DATE: 5/5/2022 DRAWN BY: CEP 4.00 32.17 15.47 15.11 15.01 15.17 15.62 34.65 18.58 116.00 1·55'34" 116.00 15·53'16" 116.00 7'38'31" 116.00 7'27'42" 116.00 7'24'55" 116.00 7'29'43" 116.00 7 '42'53" 116.00 17'07'01" 116.00 9·1 o· 37" CHECKED BY: CDP Curve # C13 C14 C15 C16 C17 C18 C19 C25 JOB NO 20186 Curve Table Length Radius 39.27 25.00 39.27 25.00 25.13 16.00 25.13 16.00 42.75 68.00 63.07 68.00 1.00 68.00 25.13 16.00 DRAWING NAME: 20186-SV-FP-C3D Delta Line # 9 0·00 ·00" L2 go·oo·oo" L3 9 0·00 ·00" L4 9 0 ·00 ·00" L5 36'01'08" L6 53·08'1 g"L7 0·50'33" LB go·oo·oo" L9 L10 L 11 L 12 L 15 PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W .M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON lo0 O"l O"l � r--. v-:..i-,� (/) MATCH LINE SEE SHEET 4 -----------I 01 61 43 .,., I 6,000 SF I I /716) I N87'35'13"W 120.00' 0 r--10· PUBLIC UTILITY EASEMENTqi 42 0 0 oci0 r') ,w r--.v-� N 00 ci.,., 0 I I Io jq10 38 6,000 SF [4510) I I N87"35'13"W 120 00' I 10' PUBLIC UTILITY EASEMENT --J w W .z g I - I81 01 v i I 9 4,000 SF /4505/ S87'35'13"E 100.00' 10 00 0v- 00 I 24' 24' �I 6,000 SF N z 0 ci l[) 39 18 <I "'_, � I al qi �, I 4,000 SF /452/j ci v-00 I r :..i-<{ 0 r--. 3: r--. c---i I "' � LL 0 0 I Lu ,w I. 1-...r--. I v-0 v � c2 � N N N N z z L9 I 6,000 SF I c:i 1c19 /708) [4520) I .,.,I \ N87"35'13"W 119.99'N8T35'13"W 120.00': \ 41 o I \ go 40 lo S,.\ 6,018 SF ...: ci Ioc:9 ,, /700/\.,., .,., 6,000 SF I :is '-�� I _, ,w 0 � 1-- � (JJ R; cc z m1 S87"35' 13"E 100.00' I ' . r---10 PUBLIC UTILITY EASEMENTg1 11 c:i I 4 000 SF v-1 /4529/ I S87"35'13"E 100 00'• I:is I • I 12 00 v '-..._N87"35'13"W 91.99'N8T35'13"W 120.00'I 24' 24' ;;:; I 4,561 SF l /45J9J N N <D v- 0 20 ,w 6,361 SF [669) r--.v-� N N z 56.02' 37.50' -------- 19 l[) <D co 0 6,018 SF ,w [66Jj 56.02' o,, -------------"-"'0' 59.00' -G I __ S_E NORDMANN LOOPN87'35'13"W 196.00' -1 -··- 57.00' 57 50' -r-----------�---- 1--2: w ::; w V) <w O"l N 0 E 18 _w i::! 6,040 SF i---� [657/ � ::; N CD N 5'. z b 57,02' "' 0 17 w 6,015 SF r----/65/j � 57.52' N "' z 40.00' OJ O"l N0 16 w 4,138 SF r---- [645) � 40.01' N N z 40.00' n0N0 15 w 4,100 SF r---- [6J9j � 40,01' N N z N8T35'13''W 144.00' 40.00' OJ 0 14 w 4,062 SF r---- [6JJJ � 40.01' N N z 13 4,691 SF ;,. /627/ � 48.01' I OJ }'-' _v-Iv-N N z S8(l'.56' 49"E 63fL50' S88 "59'34"E 656.56' I -----J· 5..0=0_' ...,.,,�-;;,, ELA AFN. 200811040156 LOT ADDRESSES LOT ADDRESSES LOT # ADDRESS LOT # ADDRESS 1 777 SE NORDMANN LOOP 24 693 SE NORDMANN LOOP 2 783 SE NORDMANN LOOP 25 699 SE NORDMANN LOOP 3 789 SE NORDMANN LOOP 26 705 SE NORDMANN LOOP 4 795 SE NORDMANN LOOP 27 711 SE NORDMANN LOOP 5 4455 BRISTOL LANE SE 28 717 SE NORDMANN LOOP 6 4463 BRISTOL LANE SE 29 723 SE NORDMANN LOOP 7 4471 BRISTOL LANE SE 3 0 729 SE NORDMANN LOOP 8 4479 BRISTOL LANE SE 31 735 SE NORDMANN LOOP 9 4505 BRISTOL LANE SE 32 759 SE NORDMANN LOOP Line Table 10 4521 BRISTOL LANE SE 33 765 SE NORDMANN LOOP Length Direction 11 4529 BRISTOL LANE SE 34 771 SE NORDMANN LOOP 34.99 N56"42'44"E 12 4539 BRISTOL LANE SE 35 4460 BRISTOL LANE SE 36.07 N56" 42' 44"E 13 627 SE NORDMANN LOOP 36 4470 BRISTOL LANE SE 14 633 SE NORDMANN LOOP 37 448 0 BRISTOL LANE SE 39.20 N56" 42' 44"E 15 639 SE NORDMANN LOOP 38 4510 BRISTOL LANE SE 44.29 N56° 42' 44"E 16 645 SE NORDMANN LOOP 39 4520 BRISTOL LANE SE 51.34 N56° 42' 44"E 17 651 SE NORDMANN LOOP 40 4530 BRISTOL LANE SE 25.00 N87"35'13"W 18 657 SE NORDMANN LOOP 41 700 SE NORDMANN LOOP 29.49 N56" 42' 44"E 19 663 SE NORDMANN LOOP 42 708 SE NORDMANN LOOP 15.00 N88 "56'49"W 2 0 669 SE NORDMANN LOOP 43 716 SE NORDMANN LOOP 28.46 N56" 42' 44"E 21 675 SE NORDMANN LOOP 44 720 SE NORDMANN LOOP 1.00 N2"24'47"E 22 681 SE NORDMANN LOOP 45 730 SE NORDMANN LOOP 4.00 S2"24'47"W 23 687 SE NORDMANN LOOP 46 740 SE NORDMANN LOOP 76.00 S2'24'47''W TRACT C 930 SE BLUEBERRY RD. C 0 tt w C, C, 0:::: N ,..-, ___ /'--- -----,..-, I µ.., CJ] AREA TO BE DEEDED TO THE CITY OF PORT ORCHARD UPON THE RECORDING OF THIS PLAT ------ SP-1418 SCALE: 1''= 100' 100 0 100 200 l ¾-�"' ®-� �,������ �� �� »'»��'&.'&."-���- @ • SF /777/ LEGEND SET KITSAP COUNTY STANDARD MONUMENT "LS 50986" SET REBAR AND CAP "LS 50986" SQUARE FOOTAGE OF LOT LOT ADDRESS CES:NWINC C/V/L ENO/NEER/NO 4 SURVEY/NO 429 29TH STREET, SUITE D PUYALLUP, WA 98372 JOB#20186 Bus: (253) 848-4282 ceservices@cesnwinc.com SHEET 5 OF 5 LU22-Plat Final-01Page 230 of 317 CI1Y O F PO RT O R C H A RD Public Works 216 Pro spect Street, Port Orchard, WA 98366 Voice: (360) 876-4991 • Fax: (360) 876-4980 thunter@city ofportorchard.us www .city ofportorchard.us May 17, 2022 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for the Plat of Geiger Road Subdivision 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 City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated February 13, 2020; the conditions of the SEPA Mitigated Determination of Non-Significance issued December 23, 2019; and Conditions of Approval for the Minor Preliminary Plat Amendment Decision dated February 26, 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 the conditions of West Sound Utility District Developer's Extension Contract have been satisfied for sewage disposal and water supply. Finally.fhe 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/unaccepted 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, Mark R. Dorsey, P.E. Public Works Director/City Engineer Cc: Nick Bond - Development Director File Page 231 of 317 CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 • Fax: (360) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us May 16, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for the Plat of Geiger Road Subdivision, LU22- PLAT FINAL-01 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 City of Port Orchard Hearing Examiner’s Findings, Conclusions and Decision dated February 13, 2020; the conditions of the SEPA Mitigated Determination of Non-Significance issued December 23, 2019; and Conditions of Approval for the Minor Preliminary Plat Amendment Decision dated February 26, 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. Sincerely, Nicholas Bond, AICP City Development Director Page 232 of 317 BILL OF SALE THIS BILL OF SALE is made and executed this /J..,,,._ day of 47 , 2~,by and between . Richmond American Homes of Washington a Colorado : Corporation' hereinafter called the "Granter" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Granter, 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 Granter to date, TO WIT: Stormwater conveyance system, roadway improvements within the plat of Geiger Road The Granter 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 Granter has the full power to convey and transfer the same, and that the Granter will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Granter further warrants that the execution of this Bill of Sale is an authorized act of said Granter. \I + l +V',. Dated at \£1'\: , Washington, this O day of ,1\/\o...L/ I , 201.2. [Remainder of page intentionally left blank] P:\Surety forrns\Bill ofSale\approved by Interim Atty\Bill of Sale- Master Form Page 233 of 317 STATE OF WASHINGTON ) )ss COUNTY OF _'f-4----'\'-'--N'--"b-(+-----) On this \O~ day of M"-'-1 , 201.i, before me personally appeared N\CY.. IAWPkNOV~ , to me known to be the managing member for 'Q.\lifil,llol'IO l\Mf~\CAN H1/MfS , 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 ID1lt day of Mu\\./ , 20&. Dated at Port Orchard, Washington, this Notary Public in and for the State of Washington, residing in 12,.eNnN ,Wt\ My commission expires 02. lihl 2.oi.y / V.,jhday of ~{l;w( , 202~ CITY OF PORT ORCHARD 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 under my hand and official seal this day of , 20_. Notary Public in and for the State of Washington, residing in _ My commission expires _ P:\Surety forms\Bill of Sale\approved by Interim Atty\Bill of Sale - Master Form Page 234 of 317 EXHIBIT A-List of Improvements Storm Drainage 6-inch Storm Pipe 12-inch Storm Pipe 18-inch Storm Pipe Type 1 Catch Basins Type 2- 48" Catch Basins Stormwater Control Structure Detention Pond Road Construction Curb and Gutter Sidewalks Pavement Section Survey Monuments Street Signs Stop Bars ADA Ramps Driveway Approaches Mailboxes and pads Page 235 of 317 CES N W inc. 429 - 29th St. N.E., Suite D Puyallup, WA 98372 Phone: (253) 848-4282 Civil Engineering & Surveying Project: Geiger Road - 46 Lots, Port Orchard Job#: 20186 Bill of Sale EXHIBIT B Date: 5/10/2022 ITEM UNIT NO. DESCRIPTION NO. UNITS PRICE COST STORM DRAINAGE SYSTEMS 30.001 Quarry Spalls Riprap 15 CY $170.00 $2,550.00 30.003 CPEP Drain Pipe 6" Dia. 2,735 LF $30.00 $82,050.00 30.005 CPEP Drain Pipe 12" Dia. 2,814 LF $41.00 $115,374.00 30.006 CPEP Drain Pipe 18" Dia. 486 LF $60.00 $29,160.00 30.013 1-fDPE Pipe 12" 75 LF $105.00 $7,875.00 30.049 Type 1-L Catchbasin 4 EA $1,500.00 $6,000.00 30.050 Type 1 Catchbasin 31 EA $1,400.00 $43,400.00 30.094 Rock-Lined Ditch, with Quarry Spalls 890 LF $14.00 $12,460.00 30.103 6" Roof Drain Cleanouts (No Concrete Collar) 50 EA $530.00 $26,500.00 SUBTOTAL SEC. 30.00 $325,369.00 ROAD CONSTRUCTION 40.007 Gravel Base, WSDOT SPEC 9-03.9(3) 1,150 CY $56.00 $64,400.00 40.013 Crushed Surfacing Top Course 391 CY $74.00 $28,934.00 40.017 2" HMA Class 1/2" 6,900 SY $15.50 $106,950.00 40.026 Cement Cone. Curb & Gutter 4,155 LF $16.25 $67,518.75 40.029 Asphalt Thickened Edge Curb 577 LF $2.50 $1,442.50 40.039 2-Inch HMA - AC Overlay with Edge Grinding 173 SY $18.50 $3,200.50 40.043 Roadway Survey Monumentation (including survey 8 EA $600.00 $4,800.00 1 work) SUB TOT AL SEC. 40.00 $277,245.75 TRAFFIC CONTROL 50.002 Plastic Stop Bar 20 LF $3.00 $60.00 50.007 Stop/ street Signs 4 EA $250.00 $1,000.00 50.008 "No Parking" Signs 6 EA $150.00 $900.00 SUBTOTAL SEC. 50.00 $1,960.00 SIDEWALKS 60.002 Concrete Sidewalk (4-inch thick) 20,454 SF $4.00 $81,816.00 60.006 ADA Ramps 9 EA $3,000.00 $27,000.00 60.007 Concrete Driveway Approach 47 EA $1,200.00 $56,400.00 SUBTOTAL SEC. 60.00 $165,216.00 me: Civil Bill of Sale.xis 5110/2021 4:-12 PA4 Page I of2 Page 236 of 317 Project: Geiger Road - 46 Lots, Port Orchard Bill of Sale EXHIBITB Job#: Date: 20186 5/10/2022 ITEM NO. DESCRIPTION NO. UNITS UNIT PRICE COST LIGHTING-MA[LBOXES-UTILITIES 70.009 Mail Boxes (Clustered) 70.011 Mailbox Pads 3 EA $2,100.00 3 EA $1,000.00 SUBTOTAL SEC. 70.00 SECTION TOTALS SALESTAX9% CONTINGENCY 15% GRAND TOTAL $6,300.00 $3,000.00 $9,300.00 $779,090.75 $52,588.63 $116,863.61 $948,542.99 me: Cini ntu ol Salois 5 /0 2022 ./:./2 /'/.,/ Page 2 of2 Page 237 of 317 CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRN ATE SECTOR PROJECTS (N ote: C ity m ust receive the tw o years M aintenance/W arranty Bond prior to releasing Perfo rm ance Bond) PROJECT or PERMIT# ----------------- CONT RAC T # SURETY BOND#: 800125961 ------------------ DA TE ACCEPTED: PROJECT COMPLETION DA TE: _J_u-""ly_2_02_2 _ RE: Project Name: Geiger Road --~--------------------------- 0 w n er/Dev e Io per/Contractor: Richmond American Homes of Washington, Inc. Project Location: SWC of Blueberry Road & Geiger Road Richmond American Homes KNOW ALL PERSONS BY THESE PRESENTS: That we, of Washington. Inc. (hereinafter called the "Principal"), and Atlantic Specialty Insurance Company a corporation organized under the laws of the State of New York and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Pott Orchard, Washington, in the sum of Sixty Four Thousand Six Hundred Fifty and 00/1 00ths ($ 64,650.00 ). 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: Remaining construction improvements for Geiger Road Plat _______________________ ;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 oftime, 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. I. 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 Exhlbit A.) Rockery Demolish and Rebuild, Sidewalk Demolish and Repour, 4' Fence Demo and Rebuild, Landscape Removal and Replant Pagelof6 Surety Forms\PW Clvll\Approved by Lighthouse Atty\SEC 6-27-16\05·01-20 Page 238 of 317 B . 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 July 2022 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 offi cers, 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 W ork 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 M aintenance/Warranty Bond. All bonds must be in 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 Eight Thousand Six Hundred Twcntv and 0011 OOths dollars ($ 8,620.00 ), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. Default. I. 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(l)(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 Civll\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 239 of 317 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. lfthe 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 Changes. No change, extension of time, alteration or addition to the term s 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 of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 patty 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 patty, not only from the proceeds of this bond, but also over and above said bond as a part ofany 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 of6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 240 of 317 l l th d f May DA TED this ay o ------'------' 20 22 . SURETY COMPANY (Signature must be notarized) ~~•~-=-- By: ~~ - Its ~ey - th ..,. =raJl-- Print Name: Maria Pena, Attorney-in-Fact Business Name: A tlantic Speci alty Insur ance C om pany Business A ddress:605 U .S . H ighw ay 169. 8th floor C ity/State/Z ip C ode: Plymouth, M N 55441 T ele phone N um ber: 781-332-8120 PRINCIPAL (Signature m ust be n~t~!i~) By: 8/4--411/~ lts VP m=- ANffNlE., Print Name: fk, ~ WJ..\~Ntg_ Business N am e: Ri chm ond A m erican Hom es of W ashington, Inc. Business Address: 20819 72 nd A venue South. Suite 110 City/State/Zip Code: Kent, WA 98032 Telephone Number: 206-375-5592 CITY OF PORT ORCHA! ACCEPTED DATE: 6 I l -V '7,..'.l BUSINESS NAME: CITY OF PO R T O R CH A R D A D D RE SS: 216 PRO SPEC T ST REET CIT Y /STA T E/Z IP: PO RT O R CH A R D . W A 98366 PHON E N U M B ER: 360-876-4991 ------------ 1>age 4 of 6 Surety Forms\PW Clvll\Approved by lighthous<! Atty\SEC 6-27-16\05-01-20 Page 241 of 317 F O R M P -1 N O T A R Y BL O C K (Use for Individual/Sole Proprietor Only) ST A TE OF WASHINGTON ) ) ss. COUNTY OF _,, I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _ signature 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) ST A TE OF WASHINGTON ) ) ss. COUN TY OF 't:IN &\ ) I certify that I know or have satisfactory evidence that W1£ Wv\,t:{NE~ is the person who appeared before me, and said person acknowledged as the VP 0~ i:::1 NC,.NC..~ of i,\C,tMpl-Jt) ~M~\UIN r!VME~ 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~ L~ signature CtS\t L.e':4 & CON print name NOTARY PUBLIC in and for the State of Washington, residing at: t2-6"bttl)N , Wt\ My Commission expires: O'l\11:>l 'lO'J.4 Page 5 of 6 Surety Forms\PW Clvil\Approved by Lighthouse Atty\SEC 6-27-16\05-01·20 Page 242 of 317 F O R M P -3 N O T A RY B L O C K (Use for Surety Company Only) See attached ACKNOWLEDGMENT ST A TE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _ of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _ signature print name NOTARY PUBLIC in and for the State of Washington, residing at:--------------- My Commission expires: _ Page 6 of 6 Surety Forms\PW Civil\Approved by lighthouse Atty\SEC 6-27-16\05-01-20 Page 243 of 317 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of Los Angeles MAY ·1 zut On-------~ before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena , who proved to me on the basis of satisfactory evidence to be the personfst whose namefst is/are subscribed to the within instrument and acknowledged to me that ~sheAAey executed the same in msfher~ authorized capacityf+est, and that by msfher~ signaturefst on the instrument the personfst, or the entity upon behalf of which the personfst ) ss ) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ .. ., ..... ~ 4l /_) ,F ... •\ ., '\ "-. N NATALIE I<. TfWFJMOFF ~ ::t;,.·':""' ·~ COMM #2J03129 > ~J~{- ~- 1iJ Notary P'HbHc •· (9Hfornia !:: '" I/. I.OS Mlu21 r:s COUNTY - ~~ '" My Comm, Expir,;sCCT 22, 2023 ' (Seal) Signature: b.llila.d~~ ~ Natalie K. Trofimoff, Notary P~ Page 244 of 317 Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: E.S. Albrecht, Jr., C.K. Nakamura, Tim M. Tomko, Noemi Quiroz, Maria Pena, Lisa L. Thornton, Patricia S. Arana, Natalie K. Trofimoff, Jessica Rosser, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surely, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may al any time remove any such Attorney-in-Fact and revoke all power and authority given lo any such Attorney-in Fact. Resolved: That the Attorney-in-Fact may be given full power and authority lo execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: Thal the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. STATE OF MINNESOTA HENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known lo be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH-TROUT NOTARY PUBLIC· MINNESOTA My Commission Expires • January 31, 2025 By Paul J. Brehm, Senior Vice President Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated. dayo( • MAY 1-1-2022 . ,.-"'~\-; INs";;••,,, ----"c,,~--- .. ··. -:9-1'',,,_ / «, ... e,()1'-POR,4r.,. -,1- \ ,"- SEAL' .O ; ,; 1986 ~ iJ \:'.;. -'.1'<--w vov-. ~'I>/ ,,,,!,-<1,;· * '>-~ ••• -- ,,,,,,,.,,..,1111t•''''' This Power of Attorney expires January 31, 2025 Please direct bond verifications to surel)•C,llin1actinsurancc.com Kara Barrow, Secretary Page 245 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The City needs to routinely repair asphalt on City Streets. By this resolution, the City Council would authorize the Mayor to execute a contract with Central Paving, LLC for the 2022 City Wide Asphalt Repair Project. Pursuant to Resolution No. 036-22, Section 5 Bid Procedures, the City’s Public Works Department prepared an Invitation to Bid, solicited bids in the Kitsap Sun and Daily Journal of Commerce on March 25, 2022, and April 1, 2022, and on March 25, 2022, staff uploaded the bid documents to the Washington Builder’s Exchange and the City’s Webpage. On April 1, 2022, by the 10:00am bid deadline, the City Clerk received five (5) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) sealed bids were opened and read aloud by the City Clerk. Bids were received prior to the April 1, 2022, 10:00am deadline as follows: Name of Contractor Bid Total The City Clerk then prepared a Bid Tabulation form and a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees), it was determined that the lowest qualified, responsible and responsive bid was provided by Central Paving. On May 3, 2022, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that the Central Paving, LLC bid of $690,347.40 was the lowest qualified, responsible, and responsive bid. The Public Works Department also reviewed all materials and confirmed that the bidding requirements for this public work have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 029-22, thereby approving Contract No. C046-22 with Central Paving, LLC for the 2022 City Wide Asphalt Repair project contract in the amount of $690,347.40 (applicable taxes included). Page 246 of 317 Staff Report 8H Page 2 of 2 Relationship to Comprehensive Plan: Chapter 8: Transportation. Motion for Consideration: I move to adopt Resolution No. 029-22, thereby approving Contract No. C046- 22 with Central Paving, LLC for the City-Wide Asphalt Repair project in the amount of $690,347.40. Fiscal Impact: Road repairs are budgeted in the 2021-2022 Biennial Budget. (002.05.542.30.40) Alternatives: Do not approve. Attachments: Resolution No. 029-22 and Contract No. C046-22. Page 247 of 317 RESOLUTION NO. 029-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C046-22 WITH CENTRAL PAVING, LLC FOR THE 2022 CITY WIDE ASPHALT REPAIR PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City routinely repair asphalt on City streets, and identified the need for the 2022 City Wide Asphalt Repair Project (the “Project”) to occur this year; and WHEREAS, pursuant to the City’s Procurement Policies and Procedures, Resolution No. 036-22, Section 5 Bid Procedures, the City’s Public Works Department prepared an Invitation to Bid for this Project, advertised in the Kitsap Sun and Daily Journal of Commerce on March 25, 2022 and April 1, 2022, and on March 25, 2022, staff uploaded the bid documents to the Washington Builder’s Exchange and the City’s Webpage for the 2022 City Wide Asphalt Repair project; and WHEREAS, on April 21, 2022, by the 10:00 am bid deadline, the City Clerk received five (5) sealed bids; and WHEREAS, after confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) Sealed Bids were opened and read aloud by the City Clerk; and WHEREAS, the City Clerk prepared a Bid Tabulation form and a Bid Evaluation form, and made an initial determination that the lowest qualified, responsible, and responsive Bid was provided by Central Paving, LLC; and WHEREAS, on May 3, 2022, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist on Central Paving, LLC, and confirmed that Central Paving, LLC submitted the lowest qualified, responsible, and responsive Bid, and further confirmed that all applicable bidding procedures were followed for this Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C046-22 with Central Paving, LLC, for the 2022 City Wide Asphalt Repair project; Page 248 of 317 Resolution No. 029-22 Page 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of May 2022. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Wallace, MMC, City Clerk Page 249 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-1 CONTRACT CITY OF PORT ORCHARD 2022 CITY WIDE ASPHALT REPAIR PROJECT CONTRACT NO. C046-22 THIS CONTRACT (“Contract”) is made and entered into this 24th day of May 2022, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the “City,” and Central Paving, LLC, hereinafter called the “Contractor.” WITNESSETH: I. General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, 2022 City Wide Asphalt Repair Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor’s Bid Proposal dated April 21, 2022, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City’s Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on April 21, 2022, together with the Instructions to Bidders. Exhibit B – The Project Manual for the 2022 City Wide Asphalt Repair Project. Exhibit C – Retainage Options Page 250 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-2 All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 50 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non-Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following 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 Page 251 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-3 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). Title VI of the Civil Rights Act of 1964 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 ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. Page 252 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-4 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non- discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the Page 253 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-5 City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. III. Public Records Act Chapter 42.56 RCW Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead Page 254 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-6 and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of _________________________________ Dollars ($____________) with ____________________ as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. VI. Independent Contractor. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. Employment of State Retirees. The City is a “DRS-covered employer” which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor’s employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor’s owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys’ fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor’s failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. Page 255 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-7 VIII. Changes. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX entitled, “Claims,” below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. IX. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. Page 256 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-8 FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS Page 257 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-9 COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City’s acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. Indemnification. Contractor 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 attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Page 258 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-10 XIII. Insurance. The Contractor 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 the Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor 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 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Page 259 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-11 B. Minimum Amounts of Insurance. Contractor 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 and a $2,000,000 products- completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’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. D. Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 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. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may Page 260 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-12 occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. Miscellaneous Provisions. A. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Page 261 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-13 D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or 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 Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits 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 this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Wallace, MMC, City Clerk Page 262 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-14 APPROVED AS TO FORM: Charlotte Archer, City Attorney NOTICES TO BE SENT TO: CONTRACTOR: CITY INSERT NAME Title of Person to Receive Notice ADDRESS ADDRESS TELEPHONE TELEPHONE Email Email With a copy to the City Clerk at the same address Page 263 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-15 EXHIBIT C 5% RETAINAGE INVESTMENT OPTION1 Contractor: Central Paving LLC Project Name: 2022 City Wide Asphalt Repair Date: __________________________________ Project Number: PW2022-006 Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: 1. Savings Account: Money will be placed in an interest-bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank:____________________________________________________________ 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROW AGREEMNT. Preferred Bank: ____________________________________________________ Securities/Bonds: ___________________________________________________ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circumstance. ______________________________ Contractor’s Signature ______________________________ Title 1 If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. Page 264 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-16 SAVING ACCOUNT AGREEMENT TO BANK: _______________________ SAVINGS ACCOUNT NO: ___________________ BANK’S ADDRESS: _____________________________________________________________ _____________________________________________________________ AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: ________________________________________ PROJECT TITLE: The estimated completion date of contract is: _________________________________________ The undersigned, ______________________________________________________, herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest- bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect Page 265 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-17 to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. ___________________________________ CITY OF PORT ORCHARD Contractor Agency BY:_________________________________ BY:______________________________ Title: ________________________________ Date: ________________________________ Date: _____________________________ Address: _____________________________ The above savings account agreement and instruction received and accepted this _______________ day of _______________, 20___ ____________________________________ Bank Name ____________________________________ Authorized Bank Officer Page 266 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-18 ESCROW AGREEMENT TO BANK: __________________________ ESCROW NO.: ______________________________ BANK’S ADDRESS: ______________________________________________________________ ______________________________________________________________ AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: ___________________________________ PROJECT TITLE:_________________________________________________________ The estimated completion date of contract is: ________________________________ The undersigned, _____________________________________________, herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. Page 267 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-19 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the AGENCY’S warrants) except in accordance with written instructions from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. Page 268 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-20 The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. _______________________________________ CITY OF PORT ORCHARD Contractor Agency By: ____________________________________ By: __________________________________ Title: __________________________________ Date: __________________________________ Date: _________________________________ Address: ________________________________ The above escrow agreement and instruction received and accepted this ___________ day of ___________, 20__. ____________________________________ Bank Name ____________________________________ Authorized Bank Officer SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly-owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. Page 269 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-21 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2022 CITY WIDE ASPHALT PAVING PROJECT PW PROJECT NO. PW2022-006 Bond to City of Port Orchard, Washington Bond No. _____________ We,___________________________________,and____________________________________ (Principal) (Surety) a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled ________________________ (“Project”) – Public Works Project No. ______________ (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material-persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. Page 270 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-22 The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. ___________________________________ Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 271 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-23 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): ⌂ _______________________ of __________________________________, the corporation, ⌂ _______________________ of __________________________________, the partnership, ⌂ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ⌂ corporation, ⌂ partnership, ⌂ individual for the uses and purposes therein mentioned, and on oath stated that ⌂ he ⌂she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Page 272 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-24 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ⌂ he ⌂ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ___________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp Page 273 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-25 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND Project #:PW2022-006 Surety Bond #: Date Posted: Expiration Date: RE: Project Name: 2022 City Wide Asphalt Repair Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, ______ (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of ______ dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above- referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written Page 274 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-26 and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Page 275 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-27 E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20__. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By: Its: Its: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: Page 276 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-28 VIII. CHECK FOR ATTACHED NOTARY SIGNATURE ______Individual (Form P-1) ______Corporation (Form P-2) ______Surety Company (Form P-2) FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: IX. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 277 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-29 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. X. Dated: ______________________________ ___________________________________ ___________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: _____________ Page 278 of 317 Rev 1/29/18 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-30 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: ______________ Page 279 of 317 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 8I Meeting Date: May 24, 2022 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Art Anderson Associates, Public Works Director Inc. for the Melcher Pump Station Atty Routing No.: 366922-0013 – Water Rehabilitation Project Design Atty Review Date: May 19, 2022 Summary: The City identified the need for rehabilitation work on the Melcher Pump Station, part of the City’s Water System (the “Project”). Accordingly, on February 7, 2022—upon receiving approval for the Project from Washington State Public Works Board (PWB)—and pursuant to the City’s Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 042-20, the City’s Public Works Department established a list of qualified firms from the 2022 MRSC Consultant Roster for the Main Category – Engineering Services and Sub-Category – Water System Planning and Design. On February 16, 2022, Public Works Staff sent a Request for Qualifications (RFQ) to ten (10) qualified consultants selected from the roster. On March 8, 2022, by the 2:00 pm deadline, the Public Works Department received one (1) Statement of Qualifications, from Art Anderson Associates, Inc. Staff reviewed the qualifications of the consultant and determined that they met the requirements and criteria as described in the Request for Qualifications (RFQ). On March 25, 2022, Public Works Staff met, via Zoom, with Art Anderson Associates, Inc. to discuss, clarify and develop the Project Understanding. On May 13, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project from the consultant in an amount of $120,282.00. Recommendation: Staff recommends adoption of Resolution No. 051-22, thereby approving Contract No. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design in the amount of $120,282.00 and documenting the Professional Services Procurement Procedures. Relationship to Comprehensive Plan: Chapter 7: Utilities Motion for Consideration: I move to adopt Resolution No. 051-22, authorizing the Mayor to execute Contract No. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design in the amount of $120,282. Fiscal Impact: This currently unbudgeted Project includes a PWB loan of $500K. A budget amendment will be required. Attachments: Resolution No. 051-22, Contract No. C073-22, and Art Anderson Associates, Inc. Proposal (dated 5/13/2022). Page 280 of 317 RESOLUTION NO. 051-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C073-22 WITH ART ANDERSON ASSOCIATES, INC. FOR THE MELCHER PUMP STATION REHABILITATION PROJECT DESIGN AND DOCUMENTING PROFESSIONAL ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for rehabilitation work on the Melcher Pump Station, a part of the City’s Water System (the “Project”); and WHEREAS, on February 7, 2022, upon receiving approval for the Project from the Washington State Public Works Board (PWB), and pursuant to the City’s Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 042-20, the City’s Public Works Department established a list of qualified firms from the MRSC 2022 Consultant Roster (Exhibit A, attached) for the Main Category – Engineering Services and Sub-Category – Water System Planning and Design; and WHEREAS, on February 16, 2022, Public Works Staff sent Requests for Qualifications (RFQ) to the ten (10) qualified consultants selected from the Roster; and WHEREAS, on March 8, 2022, by the 2:00 pm deadline, the Public Works Department received one (1) Statement of Qualifications, from Art Anderson Associates, Inc.; and WHEREAS, Public Works staff reviewed the qualifications of the consultant and determined that they met the requirements and criteria as described in the RFQ; and WHEREAS, on March 25, 2022, Public Works Staff met via Zoom with Art Anderson Associates, Inc. to discuss, clarify and develop the Project Understanding; and WHEREAS, on May 13, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project, in an amount of $120,282.00; 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: 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. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design. Page 281 of 317 Resolution No. 051-22 Page 2 of 2 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 24th day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 282 of 317 2/7/22, 9:49 AM Public Agency Name: Roster Type: Date: Time: Main Category: Sub-Category: Advanced Industrial Automation Corp AHBL, Inc. Anchor QEA, LLC Apex Engineering Art Anderson Associates Aspect Consulting, LLC Associated Earth Sciences, Inc. Barker Creek Consulting LLC Barney & Worth, Inc. BCRA, Inc Beyler Consulting, LLC BHC Consultants, LLC Blueline Braaksma Engineering Inc. Brown & Kysar, Inc. Brown and Caldwell Burns & McDonnell https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters City of Port Orchard Consultant Roster 02/07/2022 09:49am Engineering Services Water System Planning and Design 1/6 Page 283 of 317 2/7/22, 9:49 AM Carollo Engineers. Inc. Casey Civil, PLLC Casne Engineering Inc Century West Engineering CM Design Group, LLC Cobb, Fendley & Associates, Inc. Coffman Engineers Coho Water Resources Columbia Engineering Group Confluence Engineering Group LLC Confluence Environmental Company Contour Engineering, LLC CONTROLFREEK INC CPH Consultants David Evans and Associates, Inc. Davido Consulting Group, Inc. DCI Engineers DOWL LLC, D.B.A. DOWL EA Engineering, Science, and Technology, Inc., PBC Electric Power Systems, Inc. Entitlement and Engineering Solutions, Inc. Epic Land Solutions, Inc. https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters 2/6 Page 284 of 317 2/7/22, 9:49 AM ESVELT ENVIRONMENTAL ENGINEERING LLC Evergreen Coating Engineers, LLC Exeltech Consulting, Inc. Fain Environmental LLC FCSGROUP GeoDesign, Inc., DBA NVS GeoEngineers Inc. Geosyntec Consultants GHD SERVICES INC. -XGHD Golder Associates Inc. Goldsmith Gray and Osborne, Inc. GreenWorks PC Harmsen, LLC Harper Houf Peterson Righellis Inc. HDR Engineering, Inc. Huitt-Zollars, Inc. Impact Design Jacobs Engineering Group Inc. Jimale Technical Services JMJTEAM Keller Associates, Inc. https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters 3/6 Page 285 of 317 2/7/22, 9:49 AM Kennedy Jenks Kimley-Horn Kindred Hydro, Inc. KPFF Consulting Engineers KPG Landau Associates, Inc. LDC, Inc. Leslie Engineering, LLC MacKay Sposito Mackenzie Mead & Hunt, Inc. Mott MacDonald Mott MacDonald, LLC Murraysmith Osborn Consulting Inc Otak, Inc. P.rescribed S.tructural l.ntegrity PACE Engineers, Inc. Pacific Engineering & Design, PLLC Pacific Groundwater Group, a Division of Mott MacDonald PACLAND-Seattle, P.C. Parametrix https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters 4/6 Page 286 of 317 2/7/22, 9:49 AM PBS Engineering and Environmental Inc. Perteet Inc. Peterson Resources Peterson Structural Engineers ProjectCorps QCC Quality Controls Corporation R&W Engineering, Inc. Reid Middleton, Inc. RH2 Engineering, Inc SCJ Alliance SCS Engineers Sealaska Technical Services Shannon & Wilson, Inc. Sitts & Hill Engineers, Inc. Skillings, Inc. SoundEarth Strategies, Inc. Spectra Laboratories -Kitsap, LLC Stantec T-O Engineers Terracon Consultants, Inc. TerraVista NW, LLC Tetra Tech, Inc. https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters 5/6 Page 287 of 317 2/7/22, 9:49 AM Varius Inc. WEST Consultants, Inc. WestSound Engineering, Inc. Wilson Engineering, LLC Wood WSPUSAlnc. https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCl7 MRSC Rosters 6/6 Page 288 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 1 of 11 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 24th day of May 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 Art Anderson Associates, Inc., a corporation, organized under the laws of the State of Washington, doing business at: Art Anderson Associates, Inc. (hereinafter the “CONSULTANT”) 830 Pacific Avenue, Suite 200 Bremerton, WA 98337 Contact: Brad Ginn, PE Phone: 360.479.5600 for professional services in connection with the following Project: Melcher Pump Station Rehabilitation Project Design TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work (dated 5/13/2022) attached to this Agreement. The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant’s profession. 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 by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described within the Scope of Work in accordance with the tasks identified within Exhibits “A, B & C” and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. Page 289 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 2 of 11 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on May 24, 2022 (“Commencement Date”) and shall terminate December 31, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company’s services. 4. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________. X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $120,282.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibits “A, B & C.” TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit “_____.” OTHER. _____________________________________________________________ 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. 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. C. 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. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, 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. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. Page 290 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 3 of 11 6. 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 term(s) 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. 7. 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. 8. 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. Page 291 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 4 of 11 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. If delivered to the Consultant in person, 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. 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. 9. 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. 10. 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. Page 292 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 5 of 11 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. 11. 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. 12. 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. 13. 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. 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 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Page 293 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 6 of 11 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 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. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant 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. 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. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 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. Page 294 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 7 of 11 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. 14. 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. 15. 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: Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Art Anderson Associates, Inc. Brad Ginn, PE – VP of A&E 830 Pacific Avenue, Suite 200 Bremerton, WA 98337 Phone: 360.479.5600 16. 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. Page 295 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 8 of 11 17. 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 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 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 to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the 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 Page 296 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 9 of 11 indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the 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. 4. 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. 5. 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. 6. 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. Page 297 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 10 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. WASHINGTON By: _______________________________ Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: By: _______________________________ Brandy Wallace, MMC City Clerk APPROVED AS TO FORM: By: _______________________________ By: _______________________________ Name: _______________________________ Title: _______________________________ Page 298 of 317 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. C073-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 11 of 11 APPENDIX A 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). Page 299 of 317 o o o Page 300 of 317 Page 301 of 317 Page 302 of 317 RATE/HOUR $215.00 $185.00 $165.00 $135.00 $120.00 $120.00 $110.00 $90.00 $80.00 $65.00 City of Port Orchard 5/12/2022 FACPO017.BP Sean Hoynes Mark Dorsey Melcher Pump Station Rehabilitation Page 303 of 317 Page 304 of 317 Page 305 of 317 Page 306 of 317 Technical Systems Inc. TSI Corporate Office 2303 196 th Street SW Lynnwood, WA 98036 Tel 425.775.5696 TSIcontrols.com Leaders in Integrated Water Solutions Since 1970 Lynnwood, WA Dixon, CA Irvine, CA SCOPE OF WORK April 22, 2022 Brad Ginn, PE Art Anderson 830 Pacific Avenue Bremerton WA 98337 Phone # 360-479-5600 Reference: City of Port Orchard SCADA System – Melcher and 390 Booster Engineering Services Dear Brad: Technical Systems, Inc. (TSI) is pleased to provide a scope for the above referenced project. Tasks: A. Attend initial predesign development meeting with City staff and Art Anderson. B. Conduct site visits. It is anticipated that one site visit will be needed for each of the 2 sites. During site visits, the City, Art Anderson, and TSI will discuss needed upgrades and will define major system components and locations for control panels, radio antennas and other needed improvements. C. Prepare and Deliver Panel BOM and Drawings. D. Prepare Pricing at the 90% and 100%, and Final Design Stages. E. Submit pre-negotiated pricing and scope to be included in the Final bid documents. F. Attend 90%, 100% and Final design review meetings, 3 total. G. Address the City and Art Anderson review comments. Pricing: Melcher Booster T&M not to exceed $46,480.00 390 Booster T&M not to exceed $55,800.00 This design is to be billed at time and materials not to exceed. Please call me if you have any questions regarding this design scope. Andrew Palmberg, P.E. Technical Systems, Inc. 425-678-4104 andrewp@tsicontrols.com Page 307 of 317 DRAFT Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 1 EXHIBIT A SCOPE OF WORK MELCHER PUMP STATION RENOVATION AND 390 ZONE BOOSTER STATION PROJECTS ART ANDERSON Background Work proposed within this scope describes the capacity analysis, pump sizing, and model confirmation of the selected pumps for the City of Port Orchard’s Melcher Pump Station Renovation and 390 Zone Booster Station projects. Murraysmith will work as a subconsultant to Art Anderson (the Client) for this project. Proposed Improvements This scope of work involves model confirmation to assess the pump sizing and selection for two (2) pump station projects within the City of Port Orchard’s water system: the replacement of the existing Melcher Pump Station and the construction of a new 390 Zone Booster Station. The Melcher Pump Station conveys water, when required, from the 260 Zone to the 390 Zone, and this project replaces the existing pump station equipment with new equipment sized the meet the existing and projected system needs. The 390 Zone Booster Station will be a new pump station designed to reduce dead storage in the Sedgwick and Old Clifton storage tanks by locally boosting pressures to the services at elevation 300 feet and higher located near the intersection of Geiger Road SE and SE Sedgwick Road. Scope of Services The proposed scope of services for the project has been developed based on our understanding of the work to be performed. Murraysmith’s proposed work is organized by the following tasks. Task 1 – Project Management and Coordination Task 2 – Pumping Capacity Analysis Task 3 – System Curve and Pump Selection Task 4 – Technical Memorandum Page 308 of 317 DRAFT Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 2 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Task 1 – Project Management and Coordination 1.1 – General Project Management and Coordination Provide management of Murraysmith staff, schedule, and budget. Prepare monthly invoices, review budget and schedule, and perform general administrative tasks. Keep the Client up to date on any plan issues or details and incorporate input into the work product. Assumptions ▪ The Client will provide clear, concise, and timely input and review on the work products produced by the consultant. ▪ Two (2) hours per month have been budgeted for project management for the 6-month project duration. Deliverables ▪ Monthly invoices including status report due to the Client’s project manager. 1.2 – Quality Assurance & Quality Control (QA/QC) Perform quality control review of deliverables. Deliverables ▪ No deliverables will be provided as part of this subtask. Task 2 – Pumping Capacity Analysis 2.1 – 390 Zone Booster Station Service Area Analysis Develop a proposed service area for the 390 Zone Booster Station within the existing water model. It is expected that this service area will include services at elevation 300 feet and higher located near the intersection of Geiger Road SE and SE Sedgwick Road. Analyze existing and project service connections in this area, including future development in the area near the Sedgwick tank. Calculate existing and projected water demands for this area. Evaluate maximum and minimum projected service elevations for this area. 2.2 – Pump Station Capacity Analysis Evaluate and recommend required pumping capacity for both the Melcher Pump Station and the 390 Booster Station. These analyses will utilize state and local design standards as well as planned Page 309 of 317 DRAFT Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 3 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx operation of the pump station, considering pump runtimes, storage replenishment rates, closed zone pressure and supply needs, fire flows, other sources of water, and supply redundancy. Provided by the Client ▪ Input on pump station capacity requirements and proposed operation ▪ Input on 390 Zone Booster Pump Station service area ▪ Information on proposed and projected development with the service area ▪ Review of the existing and projected demand for the 390 Zone Booster Pump Station service area ▪ Review of the pump station capacity analysis tables Assumptions ▪ Up to two (2) 390 Zone Booster Pump Station service areas will be developed for Client review and input. Deliverables ▪ 390 Zone Pump Station service area alternatives map in PDF format ▪ 390 Zone Pump Station service area existing and projected demand tables in PDF format ▪ Pump station capacity analysis tables for both the Melcher and 390 Zone Booster Pump Stations Task 3 – System Curve and Pump Selection 3.1 – System Curve Conduct hydraulic modeling and develop system head curves based on detailed information on the interior layout and size of piping, control valves, and meters within the pump station; also consider existing and proposed offsite water main size, material, and age. 3.2 – Pump Sizing and Confirmation Suggest pump sizing based on the model results and completed system head requirements. The Client shall select the pump. Murraysmith will use the hydraulic model to analyze the effect that the selected pumps will have on the system. No more than two (2) pumping alternatives will be analyzed for each pump station. Page 310 of 317 DRAFT Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 4 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Provided by the Client ▪ Input on equipment and operations preferences ▪ Information on proposed 390 Zone Booster Pump Station site location ▪ Review of the system curve and pump selections Assumptions ▪ The City’s existing hydraulic model will be used to perform the analysis outlined in this scope. ▪ Model update and validation are not included with this scope; that work is anticipated to occur under a separate contract with the City. ▪ Up to (2) pump selections will be evaluated for the Melcher Pump Station and the 390 Booster Pump Station. Deliverables ▪ System curves and pump selections for both the Melcher and 390 Zone Booster Pump Stations Task 4 – Technical Memorandum 4.1 – Draft Technical Memorandum Prepare a technical memorandum (memo) that documents the analyses. The memo will include a summary of the 390 Zone Booster Pump Station service area development as well as the capacity analysis, system curve, and pump selection for both the Melcher and 390 Zone Booster Pump Stations. 4.1 – Final Technical Memorandum Modify memo based on Client review comments and submit copies of final memo to Client. Provided by the Client ▪ Complete review of the memo and provide one (1) compiled, written set of comments. Assumptions ▪ No additional modeling will be required as part of this task. Page 311 of 317 DRAFT Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 5 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Deliverables ▪ Draft and final memos will be submitted to the Client in Word and PDF formats. Proposed Project Fee Murraysmith proposes to complete the work as described above on a time and expenses basis as summarized in the enclosed Fee Estimate, attached as EXHIBIT A. The total not-to-exceed amount is based on the scope of work incorporated herein. The Fee Estimate is based on Murraysmith’s current Schedule of Charges, which is attached as EXHIBIT B. Proposed Project Schedule It is anticipated that this work will be completed within approximately six (6) months of receiving Notice to Proceed, barring any significant delays by other parties. Final completion of this project is anticipated in December 2022. Page 312 of 317 MELCHER PUMP STATION RENOVATION PROJECT ART ANDERSON PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS) Principal Engineer III Professional Engineer V Engineering Designer III Administrative III Hours Labor Expenses CADD Units $18/hr GIS Units $10/hr Total $82.00 $46.02 $39.18 $38.00 Task 1 - Project Management and Coordination Task 1.1 - General Project Management and Coordination 1 6 3 10 1,781$ -$ -$ -$ 1,781$ Task 1.2 - Quality Assurance & Quality Control (QA/QC)2 2 526$ -$ -$ -$ 526$ Task 1 Subtotal 3 6 0 3 12 2,307$ -$ -$ -$ 2,307$ Task 2 - Pumping Capacity Analysis Task 2.1 - 390 Zone Booster Station Service Area Analysis 0 0 0 -$ -$ -$ 80$ 80$ Task 2.2 - Pump Station Capacity Analysis 1 2 6 9 1,681$ -$ -$ -$ 1,681$ Task 2 Subtotal 1 2 6 0 9 1,681$ -$ -$ 80$ 1,761$ Task 3 - System Curve and Pump Selection Task 3.1 - System Curve 1 4 16 21 3,791$ -$ -$ 320$ 4,111$ Task 3.2 - Pump Selection 1 4 12 17 3,099$ -$ -$ 120$ 3,219$ Task 3 Subtotal 2 8 28 0 38 6,890$ -$ -$ 440$ 7,330$ Task 4 - Technical Memorandum Task 4.1 - Draft Technical Memorandum 1 6 12 1 20 3,605$ -$ -$ -$ 3,605$ Task 4.2 - Final Technical Memorandum 1 4 6 1 12 2,187$ -$ -$ -$ 2,187$ Task 4 Subtotal 2 10 18 2 32 5,792$ -$ -$ -$ 5,792$ TOTAL - ALL TASKS 8 26 52 5 91 16,670$ -$ -$ 520$ 17,190$ Art Anderson May 2022 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Fee Estimate 2022 Rates - Melcher Booster Pump Station Murraysmith Melcher Pump Station Renovation and 390 Zone Booster Station Projects Page 1Page 313 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Summary: The City identified the need for repair and sidewalk retrofit work for Lippert Road. Accordingly, on March 4, 2022, and March 11, 2022, upon receiving approval from Kitsap County Department of Human Services - CDBG Program, and pursuant to the City’s Procurement Policies, adopted by Resolution No. 036- 22, the City’s Public Works Department prepared an Invitation to Bid (ITB), and solicited bids in the Kitsap Sun and Daily Journal of Commerce. On March 4, 2022, staff uploaded the bid documents to the Washington Builder’s Exchange and the City’s Webpage. On March 31, 2022, by the 1:00pm bid deadline, the City Clerk received five (5) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) sealed bids were opened and read aloud by the City Clerk. Bids received prior to the March 31, 2022, 1:00pm deadline are as follows: Name of Contractor Bid Total The City Clerk then prepared a Bid Tabulation form and a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees). On May 5, 2022, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist. Recommendation: Staff recommends that the City Council adopt Resolution No. 022-22, thereby approving Contract No. C024-22 for the Lippert Road Repair and Sidewalk Retrofit project contract in the amount of _________ (applicable taxes included), Relationship to Comprehensive Plan: Chapter 8: Transportation Page 314 of 317 Staff Report 8J Page 2 of 2 Motion for Consideration: I move to adopt Resolution No. 022-22, authorizing the Mayor to execute Contract No. C024-22 with _______________ for the Lippert Road Repair and Sidewalk Retrofit project in the amount of $___________. Fiscal Impact: The City received a HUD Federal grant award of $244,580.32 from Kitsap County Human Services – CDBG for the Sidewalk retrofit. Road repairs are budgeted in the 2021-2022 Biennial Budget. (002.05.542.30.40) Alternatives: Do not approve. Attachments: Resolution No. 022-22, Contract No. C024-22 (sent separately). Page 315 of 317 RESOLUTION NO. 022-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C024-22 FOR THE LIPPERT ROAD REPAIR AND SIDEWALK RETROFIT PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for repair and sidewalk retrofit work for Lippert Road (the “Project”); and WHEREAS, in early March 2022, upon receiving approval from Kitsap County Department of Human Services - CDBG Program, and pursuant to the City’s Procurement Policies, adopted by Resolution No. 036-22, the City’s Public Works Department prepared an Invitation to Bid (“ITB”) for the Project; and WHEREAS, on March 4, 2022, and March 11, 2022, staff solicited bids in the Kitsap Sun and Daily Journal of Commerce, and on March 4, 2022, staff uploaded the bid documents to the Washington Builder’s Exchange and the City’s Webpage; and WHEREAS, on March 31, 2022 by the 1:00pm bid deadline, the City Clerk received five (5) sealed bids; and WHEREAS, confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) Sealed Bids were opened and read aloud; and WHEREAS, the City Clerk prepared a Bid Tabulation form and a Bid Evaluation form, and the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist; and WHEREAS, the Public Works Department reviewed all materials and confirmed that the bidding requirements for this public work have been followed, and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. C024-22 with ________________, for the Lippert Road Repair and Sidewalk Retrofit project. Page 316 of 317 Resolution No. ___ Page 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of May 2022. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Wallace, MMC, City Clerk Page 317 of 317