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06/14/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary 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 Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol 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 Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda June 14, 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/89582436769 Zoom Webinar ID: 895 8243 6769 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. Adoption of a Resolution Authorizing the Purchase of Water Meters and Associated Parts from Ferguson Waterworks via DES Contract No. 01118 (Dorsey) Page 4 D. Adoption of a Resolution Repealing Resolution No. 013-19 and Approving the Collection of Funds for Chimes and Lights Events (Wallace) Page 10 E. Excusal of Councilmember Cucciardi for Personal Obligations F. Approval of the May 17, 2022, City Council Work Study Session Meeting Minutes Page 13 G. Approval of the May 24, 2022, City Council Meeting Minutes Page 16 5. PRESENTATION A. Gordon Thomas Honeywell -GA End of Legislative Session Report (Weiss) 6. PUBLIC HEARING 7. COLLECT BARGAINING SESSION Pursuant RCW 42.30.140 (4)(b), the City Council will enter a CLOSED SESSION to discuss planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. 8. BUSINESS ITEMS A. Approval of a Collective Bargaining Agreement with the Police Guild Representing Patrol Officers for 2022-2024 (Lund) Page 22 B. Approval of a Collective Bargaining Agreement with the Police Guild Representing Sergeants for 2022- 2024 (Lund) Page 23 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.162.044 Amending the Definition of Wetland, Isolated (Bond) Page 24 D. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for 2022 Thermoplastic Applications (Dorsey) Page 29 E. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Protect Design (Dorsey) Page 71 F. Adoption of a Resolution Approving an Agreement with Kitsap Transit for the Guaranteed Ride Home Program (Lund) Page 124 G. Approval of Road Closures for a Special Event: The Cruz (Wallace) Page 130 H. Approval of Road Closures for a Special Event: Fathoms O' Fun Festival by the Bay (Wallace) Page 140 I. Approval of Special Event Time Submittal Waiver: Kitsap County Cornhole Classic (Wallace) Page 155 J. Adoption of a Resolution Approving Amendment No. 2 to Contract No. 040-12 with Kitsap County for Emergency Management Services (Archer) Page 164 K. Approval of Amendment No. 4 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project -Additional Scope (Dorsey) Page 193 9. DISCUSSION ITEMS (No Action to be Taken) A. Transportation Funding Page 205 B. Council Attendance Requirements C. Veterans Park Offer of Sale Page 208 D. Continued: Veterans Park 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 13. CITIZEN COMMENTS 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. June 14, 2022, Meeting Agenda Page 2 of 3 (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(1)(i), the City Council WILL hold a 20-minute executive session to discuss legal risks of a proposed action with legal counsel for the agency. 15. CITY COUNCIL GOOD OF THE ORDER 16. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time Location TBD 2022; 9:30am Remote Access July 12, 2022; S:00pm — 2"d Tuesday of each Remote Access month June 27, 2022; 3:00pm Remote Access June 28, 2022; 4:30pm- 4th Tuesday of each �- Remote Access month June 13, 2022; 3:30pm Remote Access June 15, 2022; 4:30pm Remote Access October, 2022 Remote Access ------------------------ August 17, 2022; 6:30pm SKWRF* Varies Varies *South Kitsap Reclamation Facility, 1165 Beach Drive Port Orchard 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. June 14, 2022, Meeting Agenda Page 3 of 3 Backto Agenda aw �Ila nW . M4n 7 Agenda Item No Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4C Adoption of a Resolution Authorizing the Purchase of Water Meters and Meeting Date: Prepared by: Associated Parts from Ferguson Atty Routing No. Waterworks via DES Contract No. 01118 Atty Review Date June 14, 2022 Mark Dorsey Public Works Director 366922-0013 — Water June 9. 2022 Summary: The Public Works Department identified the need for water meters for homes being constructed in new developments located within the City. Pursuant to Chapter 39.34 RCW, the City executed an interlocal agreement with the Washington State Department of Enterprise Services (DES) (City Contract No. C057-13) to allow the City to utilize the contracts hosted by DES for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the particular purchase or service, per RCW 39.34.030. The Public Works Department identified Ferguson Waterworks as an approved vendor for the necessary water meters to integrate with the existing system, awarded via WA DES Contract #01118. Staff reviewed the procurement process utilized by DES for this contract to confirm the procurement requirements were met and obtained necessary documentation from DES and the vendor regarding procurement. On May 17, 2022, Public Works Department staff requested a quote from Ferguson Waterworks. On June 2, 2022, Ferguson Waterworks provided a quote of $77,573.54 (plus applicable tax) for a total purchase price of $84,710.29, and staff verified this is consistent with the DES Contract pricing. The City's Procurement Policy requires Council approval for purchase prices in excess $35,000.00. On May 19, 2022, the City's Public Works Department completed the City's Interlocal Agreement Purchase Checklist for the selected vendor. Relationship to Comprehensive Plan: Ch 7: Utilities -Water Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of water meters from Ferguson Waterworks through WA DES Contract #01118 for a total purchase price of $84,710.29 (applicable tax included.) Motion for Consideration: I move to adopt a Resolution authorizing the purchase of water meters from Ferguson Waterworks for a total purchase price of $84,710.29. Fiscal Impact: The meters will be reimbursed through connection fees; a budget amendment may be needed. Alternatives: Do not approve Attachments: Resolution No 059-22, Ferguson Waterworks Quote, and Interlocal Agreement Purchase Checklist. Page 4 of 274 Backto Agenda RESOLUTION NO.059-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF WATER METERS AND ASSOCIATED PARTS FOR THE PUBLIC WORKS DEPARTMENT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the Public Works Department identified the need for water meters for the homes being constructed in new developments located within the City; and WHEREAS, as authorized by the City's Procurement Policies adopted by Resolution No. 036-22, the City entered into an interlocal agreement with Washington State Department of Enterprise (DES) (City Contract No. C057-13) which allows the City to utilize the contracts hosted by DES for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the particular purchase or service, per RCW 39.34.030; and WHEREAS; the Public Works Department identified Ferguson Waterworks as an approved, qualified vendor for the desired brand of meters that are required to integrate with the City's existing system, awarded via WA DES Contract #01118; and WHEREAS, staff reviewed the procurement process utilized by DES for this contract to confirm the applicable procurement requirements were met, and staff obtained necessary documentation from DES and the vendor regarding procurement; and WHEREAS, on May 17, 2022, Public Works Department staff requested a quote from Ferguson Waterworks, and on June 2, 2022, Ferguson Waterworks provided a quote of $77,573.54 (plus applicable tax) for a total purchase price of $84,710.29, and staff verified this is consistent with the DES Contract pricing; and WHEREAS, on May 19, 2022, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor; and WHEREAS, the meters are for new developments and will be reimbursed through connection fees as the homes are constructed; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the Ferguson Waterworks quote attached as Exhibit A is for the purchase of water meters in an amount that exceeds the $35,000 authorization limit; 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 herein for this purchase 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 5 of 274 Backto Agenda Resolution No. 059-22 Page 2 of 2 THAT: The City Council approves the purchase of water meters, from Ferguson Waterworks in the amount of $84,710.29 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase, consistent with this authorization. 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 14t" day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 6 of 274 Z FERGUSON° 2042 SOUTOH 122TH ST156 WATERWORKS TACOMA, WA 98444-0000 Deliver To: Backto Agenda From: Doug Schrock omments: 17:32:48 J U N 02 2022 Phone: 253-538-8275 Fax: 253-531-9909 Page 1 of 2 FERGUSON WATERWORKS #3011 Price Quotation Phone: 253-538-8275 Fax: 253-531-9909 Bid No: B423965 Cust Phone: 360-876-4407 Bid Date: 05/18/22 Terms: NET 10TH PROX Quoted By: DGS Customer: CITY OF PORT ORCHARD Ship To: CITY OF PORT ORCHARD METER ACCOUNT METER ACCOUNT 216 PROSPECT ST 216 PROSPECT ST PORT ORCHARD, WA 98366 PORT ORCHARD, WA 98366 Cust PO#: Job Name: HAVEN/STETSON/MCCORM Item Description HAVEN APARTMENTS: ST2X1XXBF2UXXXND 2 OMNI+ T2 100CF AMR .1 FPL 17LL PROGRAMMED TO 1000 GAL M18G7K 2 RUB MTR GSKT FNWNBSZ1P 4 ZN 150# FLG NUT/BLT SET SSX5X13AP1 FLXSXD LF 1 SR2 TRPL 100CF 20 BC LH PROGRAMMED TO 1000 GAL M18G4G 1 RUB MTR WSHR S5390730600001 PTS PKG HSG TRPL BLACK SUBTOTAL STETSON HEIGHTS DEVELOPMT: SSX2X138P1 FLXSOD LF 5/8X3/4 SR2 TRPL 100CF 6 BC LH PROGRAMMED TO 10 GAL BR308 3/4X1/8 RUB MTR WSHR S5390730600001 PTS PKG HSG TRPL BLACK SUBTOTAL MCCORMICK WEST: SSX2X138P1 FLXSOD LF 5/8X3/4 SR2 TRPL 100CF 6 BC LH PROGRAMMED TO 1000 GAL BR308 3/4X1/8 RUB MTR WSHR S5390730600001 PTS PKG HSG TRPL BLACK SUBTOTAL ** PER DES CONTRACT 01118 Quantity Net Price UM Total 10 1145.090 EA 11450.90 20 1.500 EA 30.00 5 8.310 EA 41.55 1 290.790 EA 290.79 2 0.400 EA 0.80 11 10.000 EA 110.00 11924.04 200 177.110 EA 35422.00 400 0.230 EA 92.00 200 10.000 EA 2000.00 37514.00 150 177.110 EA 26566.50 300 0.230 EA 69.00 150 10.000 EA 1500.00 28135.50 Net Total: $77573.54 Tax: $7136.75 Freight: $0.00 Total: $84710.29 0� 0 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to corpQ@tp,�T:�Arvey about your bids: !] https://survey.medalIia.com/?bidsorder&fc=l604&on=57334 Z FERGUSON° FERGUSON WATERWORKS #3011 Back to Agenda Page 2 of 2 WATERWORKS Price Quotation Fax: 253-531-9909 17:32:48 JUN 02 2022 Reference No: B423965 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with "NP in the description are NOT lead free and can only be installed in non -potable applications. Buyer is solely responsible for product selection. COVID-19 ORDER: ANY REFERENCE TO OR INCORPORATION OF EXECUTIVE ORDER 14042 AND/OR THE EO-IMPLEMENTING FEDERAL CLAUSES (FAR 52.223-99 AND/OR DFARS 252.223-7999) IS EXPRESSLY REJECTED BY SELLER AND SHALL NOT APPLY AS SELLER IS A MATERIALS SUPPLIER AND THEREFORE EXEMPT UNDER THE EXECUTIVE ORDER. HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to conRietR � Ivey about your bids: p https://survey.medalIia.com/?bidsorder&fc=l604&on=57334 Backto Agenda CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: C057-13 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): Deaartment of Enterarise Services (DES) Item Description: Water Meters and Associated Parts for Haven Apartments, Stetson Heights, McCormick West Develoaments Do you have an Interlocal agreement signed with the Contract (host) Agency? ® If yes, where is it filed: Clerk's office ❑ If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: 01118 If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Re uired Compliance Is the Host agency a public agencyi . ❑ Yes ❑ No If Yes, what state laws apply to Host Agency: Does the host agency have a requirement ❑ Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑ Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑ Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state Page 9 of 274 Backto Agenda rpm n INYI a 'w - a W City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Meeting Date Subject: Adoption of a Resolution Repealing Prepared by Resolution No. 013-19 and Am3rovinjz the June 14, 2022 Brandy Wallace, MMC Citv Clerk Collection of Funds for Chimes & Lights Atty Routing No.: N/A Events Atty Review Date: N/A Summary: In 2019 the Festival of Chimes and Lights committee held a new event, the Downtown Tree Decorating contest, which has been very successful and continues to have 100% participation. Resolution No. 013-19, adopted by the City Council on May 14, 2019, allowed the collection of $50 dollars for the Tree Decorating contest. The money goes directly to the cost of purchasing the themed item, expenses associated with placement, transporting, maintaining, supplies, and the like. In 2022, staff was notified cost of the trees would be increasing. The Festival of Chimes and Lights Committee would like to raise the Tree Decorating contest collection from $50 to $55. The money would go directly to the cost of purchasing the themed item, expenses associated with placement, transporting, maintaining, supplies, as well as purchase of Christmas lights to be placed around City Hall and downtown Port Orchard. Relationship to Comprehensive Plan: None. Recommendation: Staff recommends adoption of a resolution repealing Resolution No. 013-19 and allow the City to collect funds in the amount of $55 for Chimes and Lights events. Motion for Consideration: I move to adopt a resolution, repealing Resolution No. 013-19 and allow the City to collect funds in the amount of $55 for Chimes and Lights events. Fiscal Impact: Each participate will pay a $55 adoption fee. All the funds will go directly to expenses associated with the activity as well as purchase of Christmas lights for City Hall and downtown Port Orchard. Alternatives: N/A Attachments: Resolution and Resolution No. 013-19. Page 10 of 274 Backto Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NO. 013-19 AND APPROVING THE CITY TO COLLECT FUNDS FOR CHIMES AND LIGHTS EVENTS. WHEREAS, in 2019, the Festival of Chimes and Lights committee held a new event the Downtown Tree Decorating contest, which has been very successful and continues to have 100% participation; and WHEREAS, Resolution No. 013-19, adopted by the City Council on May 14, 2019, allowed the collection of $50 dollars for the Tree Decorating contest. The money goes directly to the cost of purchasing the themed item, expenses associated with placement, transporting, maintaining, and supplies; and WHEREAS, in 2022, staff was notified cost of the trees would be increasing. The Festival of Chimes and Lights Committee would like to raise the Tree Decorating contest collection from $50 to $55. The money would go directly to the cost of purchasing the themed item, expenses associated with placement, transporting, maintaining, supplies, as well as purchase of Christmas lights to be placed around City Hall and downtown Port Orchard; and WHEREAS, in order for the City to raise the collection participation fee to $55, and authorize the collection of money, now therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City of Port Orchard shall collect a fee of $55 from each person or entity participating in a City -sponsored activity at a Festival of Chimes and Lights event. Collected fees will be used solely for the purchase of the activity -related item(s) and any other cost associated with putting on the activity including the purchase of Christmas lights for around City Hall and downtown Port Orchard. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14t" day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 11 of 274 Back to Agenda RESOLUTION NO. 013-19 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON TO ALLOW THE CITY TO COLLECT FUNDS FOR CHIMES AND LIGHTS EVENTS. WHEREAS, last year was the 20th anniversary of the Festival of Chimes and Lights and the Festival of Chimes and Lights committee held a new event downtown on Bay Street: the Tree Decorating Contest, which was very successful; and WHEREAS, to encourage the community and businesses to remain engaged in participating in the City's annual event, new activities are created each year; and WHEREAS, when applicants participate in an activity requiring a payment to offset the costs to the City of sponsoring the activity, the City Council has determined it to be appropriate for them to pay to the City a fee of $50, with the money going directly to the cost of purchasing the themed item, and expenses associated with placement, transporting, maintaining, supplies, and the like; and WHEREAS, in order for the City to collect the participation fee, the City Council must pass a resolution authorizing staff to accept the fee, now therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City of Port Orchard shall collect a fee of $50 from each person or entity participating in a City -sponsored activity at a Festival of Chimes and Lights event. Collected fees will be used solely for the purchase of the activity -related item(s) and any other cost associated with putting on the activity. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of May 2019. Robert Putaa suu, Mayor ATTEST: ,00 ppR7 Brandy Rinea on, MC, City Clerk =C3: �° �o•� SEAL ,fi 1I N Ate %a``��. Page 12 of 274 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of May 17, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Community Development Director Bond, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. 2022 Comprehensive Plan Amendments (Time Stamp 0:00:53) Community Development Director Bond explained the City Council has a package of amendments, which were recommended by the Planning Commission. These amendments have already gone before Council and the Land Use Committee. Also, in January, Council adopted the Parks Plan by resolution to ensure the City's eligibility for RCO (Recreation and Conservation Office) grants. The Parks Plan has been reviewed and this is just the formal process of adopting it into our Comprehensive Plan. The three amendments are to update the Parks Element and adopt the Parks, Recreation and Open Space (PROS) Plan by reference; updates to the six -year and twenty-year TIP (Transportation Improvement Program (TIP) which includes prioritizing projects, adjusting budgets and inclusion of a TIB (Transportation Improvement Board) funded complete street grant project into the six -year TIP; and adopt the 2021 Amendments to the Water System Plan. Page 13 of 274 Backto Agenda Minutes of May 17, 2022 Page 2 of 3 Additionally, Mr. Bond said there was no public testimony during the Planning Commission meeting on these amendments. This will go back before Council on June 14t" for adoption, and Council must adopt the new Capital Facilities Program for Parks before the City can update the park impact fees schedule. A brief discussion was held on minor details of the PROS. Council Direction: No direction given to staff. 2. Port Orchard Municipal Code 20.162.044 Definitions Generally — "Wetland, Isolated" (Time Stamp 0:05:33) Community Development Director Bond said this is a relatively minor code amendment. This has been discussed at the Planning Commission meeting and is also scheduled as a public hearing during the June Planning Commission meeting. When we updated our critical areas code in 2016 under the state mandate, the guidance from Commerce at that time included a definition for isolated wetland. That definition requires the only person who can determine if a wetland is isolated is the US Army Corps of Engineers, whom have no interest in making these types of determinations. If you do apply to them, it could take one to two - yea rs. We have a project right now that is stalled because there is an isolated wetland. Mr. Bond contacted staff at the Department of Ecology (DOE) who said this definition guidance has been deleted from the 2024 guidance that is still in draft form, and they would have no objection to the City making revisions. Most of our neighboring jurisdictions have not adopted this definition of isolated wetlands. City staff has been working with our attorney and our on -call biologist consultant to come up with a new definition that gives us more flexibility. The proposal is to change the definition to provide clarity on requirements related to providing isolated wetland determinations. A public hearing is scheduled for the June Planning Commission meeting and this will come back before Council for adoption in June. Additional discussion was held regarding the proposed definition and the current project on hold. Council Direction: No direction was given to staff. GOOD OF THE ORDER (Time Stamp 0:10:22) Mayor Putaansuu reported on summer interns, records on the 4t" floor, Affordable Housing funds and housing in Port Orchard, office space needs, Association of Washington Cities meeting, Etta Turner Park improvements, Windermere's Community Service Day at McCormick Village Park, new Council Chambers equipment, and Work Study meetings. Page 14 of 274 Back to Agenda Minutes of May 17, 2022 PaRe3of3 In addition, Mayor Putaansuu shared clip from a Fair & Sustainable Cities conference that featured comments from a City of Bothell Councilmember. Discussion was held regarding the video and a letter Mayor Putaansuu will be sending out, and current conditions and updates of Veteran's Park. /_1II9111:Zi:Wh,1111 The meeting adjourned at 6:56 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 15 of 274 Backto Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of May 24, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:32 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Finance Director Crocker, HR Manager Lund, Network Administrator Havert, Community Development Director Bond, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:03:02) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:03:25) MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:03:54) Susan Daniels said there are a lot of things on the agenda that have to do with environment and asked Council to keep the environment in mind. Also, asked Council to consider joining the Clean Cities Coalition for Western Washington. Lastly, thanked Council for making Port Orchard a wonderful place to live. Page 16 of 274 Backto Agenda Minutes of May 24, 2022 Page 2 of 6 4. CONSENT AGENDA (Time Stamp: 0:09:35) A. Approval of Voucher Nos. 84057 through 84141 including bank drafts in the amount of $284,763.80 and EFTS in the amount of $96,993.26 totaling $381,757.06. B. Approval of Payroll Check Nos. 84051through 84056 including bank drafts and EFTS in the amount of $257,387.31 and Direct Deposits in the amount of $217,929.91 totaling $475,317.22. C. Approval of a Memorandum of Understanding with the City of Bremerton to Share Municipal Stormwater Data (Contract No. 076-22) D. Approval of an Interlocal Agreement with Kitsap County for Participation in the West Sound Stormwater Outreach Group (ILA KC-292-22) (Contract No. 077-22) E. Approval of Amendment No. 2 to Contract No. 028-21 with Transportation Solutions Inc. for On - Call Transportation/Traffic Engineering Services F. Approval of the May 10, 2022, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the consent agenda as published. The motion carried. S. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 0:10:02) 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 Mayor Putaansuu said they received a letter from McCormick Communities on this matter and it was distributed to the Council. At 6:47 p.m., Mayor Putaansuu opened the public hearing. Greg Krabbe, on behalf of McCormick Communities, noted they received the draft of the park fee calculations and said one of the fees increased by almost 600%. He voiced concerns of the fee rates and how none of the McCormick Community parks and trails were included in the park assessment. He spoke to McCormick and the vision of improvements to open space and trails, parks, and multi - modal trail. They propose working to find a way to make McCormick's existing and proposed improvements available to the public in exchange for credits to the proposed park fee. He asked Council to not adopt the park fees until they have had time to work with the City on a mutually beneficial agreement. There being no more testimony, Mayor Putaansuu closed the public hearing at 6:51 p.m. Page 17 of 274 Back to Agenda Minutes of May 24, 2022 PaRe3of6 7. EXECUTIVE SESSION (Time Stamp: 0:18:32) Mayor Putaansuu explained the executive session will be held at the end of the meeting with no action to be taken. 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" (Time Stamp: 0:18:49) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance amending POMC 10.12.010 to include the 191h day of June, commonly known as Juneteenth, as a recognized City holiday. The motion carried. (Ordinance No. 018-22) B. Adoption of an Ordinance Establishing a $10,000 Recruitment Incentive for Lateral Peace Officers (Time Stamp: 0:21:26) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi to adopt an ordinance authorizing the Mayor to provide a $10,000 hiring incentive to qualified lateral peace officer applicants, effective June 1, 2022. The motion carried. (Ordinance No. 019-22) C. Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 2 (Time Stamp 0:28:27) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 2. The motion carried. (Resolution No. 052-22) D. Approval of a Purchase with CDW-G for Equipment, Installation and Configuration of a New Server (Time Stamp 0:34:57) MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor to enter into a purchase agreement with CDW-G to purchase, implement and configure new server and data storage equipment. Page 18 of 274 Back to Agenda Minutes of May 24, 2022 Page 4 of 6 The motion carried. (Purchase Order No. 031-22) E. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for the 2022 Road Striping Project (Time Stamp 0:41:00) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, 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. The motion carried. F. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 1 (Time Stamp 0:45:47) MOTION: By Councilmember Trenary, seconded by Councilmember Diener, to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 12, Phase 1. The motion carried. (Resolution No. 053-22) G. Adoption of a Resolution Granting Final Plat Approval for Geiger Final Plat (Time Stamp 0:47:36) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt a resolution as presented, granting final plat approval of the Plat of Geiger Road. The motion carried. (Resolution No. 054-22) H. Adoption of a Resolution Approving a Contract with Central Paving, LLC for the 2022 City -Wide Asphalt Repair Project (Time Stamp 0:50:27) MOTION: By Councilmember Chang, seconded by Councilmember Trenary, 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. The motion carried. I. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design (Time Stamp 0:55:04) Page 19 of 274 Backto Agenda Minutes of May 24, 2022 Page 5 of 6 MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe 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 $120,282.00. The motion carried. J. Adoption of a Resolution Approving a Contract for the Lippert Road Repair and Sidewalk Retrofit Project (Time Stamp 0:58:19) MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson to adopt Resolution No. 022-22, thereby approving Contract No. CO24-22 with Sascon, LLC for the Lippert Road Repair and Sidewalk Retrofit project in the amount of $557,313. The motion carried. 9. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 1:04:20) A. Continued: Veterans Park City Attorney Archer said work is continuing with the code enforcement officer with regards to contacting the County. She mentioned a photographic update and revised notices will be presented at the next regular Council meeting [June 14, 20221. Council Direction: No direction was given to staff. 10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:04:49) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet June 20tn. The Transportation Committee is scheduled to meet June 28tn Councilmember Lucarelli reported on the May 10tn Utilities Committee meeting, the May 16tn Festival of Chimes and Lights Committee meeting, and the May 18tn Sewer Advisory Committee meeting. Councilmember Clauson reported on the May 17tn Finance Committee meeting. Councilmember Diener reported on the May 18tn Land Use Committee meeting. Mayor Putaansuu reported on the Housing Kitsap Board meeting and the upcoming Puget Sound Regional Council General Assembly meeting. 11. REPORT OF MAYOR (Time Stamp 1:13:45) Page 20 of 274 Backto Agenda Minutes of May 24, 2022 Page 6 of 6 The Mayor reported on the following: • Community Service Day at McCormick Village Park; • Work study discussion regarding Councilmembers attending Council meeting remotely; and • Community Survey results which included crime, homelessness, traffic congestion, trails and parks, and transfer of Veteran's Park to the city. 12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:23:45) Finance Director Crocker reported on annual report filing and deadline. City Attorney Archer urged Council to congratulate and give accolades to Heidi Draper, the public works new procurement specialist. 13. CITIZEN COMMENTS (Time Stamp: 1:25:05) Heidi Fenton would rather put money into roads than parks, and voiced concerns regarding the closure of Annapolis Dock. Mayor Putaansuu responded the Annapolis Dock is a transit facility and not a city facility. 14. GOOD OF THE ORDER There was no good of the order. 15. EXECUTIVE SESSION At 8:01 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss with legal counsel legal risks of a proposed action when public discussion could have adverse legal or financial consequences. City Attorney Archer, Public Works Director Dorsey, Community Development Director Bond and Finance Director Crocker were invited to attend, and Mayor Putaansuu noted no action will be taken. At 8:16 p.m., Mayor Putaansuu reconvened the meeting back into session. 16. ADJOURNMENT The meeting adjourned at 8:16 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 21 of 274 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8A Agenda Staff Report Subject: Approval of a Collective Bargaining Agreement with the Police Guild Representing Patrol Officers for 2022-2024 Backto Agenda Meeting Date: June 14, 2022 Prepared by: Debbie Lund HR Manager Atty Routing No.: 366922-0008-HR Atty Review Date: June 9, 2022 Summary: The contract between the City and the Police Guild representing Patrol Officers expired December 31, 2021. The City and representatives from the Guild have been meeting since August to negotiate a successor agreement. The parties entered mediation in February 2022 and after several mediation sessions reached a tentative agreement. The Guild is voting on the agreement and we will have the results of that vote prior to the meeting in which the City Council is asked to approve the agreement. The City Council has been briefed on the proposed changes and provided the complete, draft agreement under attorney -client privilege. Recommendation: Staff recommends the City Council authorize the Mayor to sign the 2022-2024 agreement with the Police Guild representing the Patrol Officer Employees. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign the 2022-2024 collective bargaining agreement between the City of Port Orchard and Police Guild representing the Patrol Officer Employees." Fiscal Impact: Provided for in the 2021-2022 budget. Alternatives: Do not approve the contract and provide alternative guidance. Attachments: The agreement under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 22 of 274 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8B Agenda Staff Report Subject: Approval of a Collective Bargaining Agreement with the Police Guild Representing Sergeants for 2022-2024 Backto Agenda Meeting Date: June 14, 2022 Prepared by: Debbie Lund HR Manager Atty Routing No.: 366922-0008-HR Atty Review Date: June 9, 2022 Summary: The contract between the City and the Police Guild representing Sergeants expired December 31, 2021. The City and representatives from the Guild have been meeting since August to negotiate a successor agreement. The parties entered mediation in February 2022 and after several mediation sessions reached a tentative agreement. The Guild is voting on the agreement and we will have the results of that vote prior to the meeting in which the City Council is asked to approve the agreement. The City Council has been briefed on the proposed changes and provided the complete, draft agreement under attorney -client privilege. Recommendation: Staff recommends the City Council authorize the Mayor to sign the 2022-2024 agreement with the Police Guild representing the Sergeant Employees. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign the 2022-2024 collective bargaining agreement between the City of Port Orchard and Police Guild representing the Sergeant Employees." Fiscal Impact: Provided for in the 2021-2022 budget. Alternatives: Do not approve the contract and provide alternative guidance. Attachments: The agreement under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 23 of 274 Backto Agenda City of Port Orchard 216 Prospect Street Port Orchard WA 98366 n oINYI _A,_ (360) 876-4407 • FAX (360) 895-9029 Aeenda Staff Resort Agenda Item No.: Business Item 8C Meeting Date: June 14, 2022 Subject: Adoption of an Ordinance Amending Port Prepared by: Nick Bond, AICP Orchard Municipal Code Section 20.162.044 Development Director Amending the Definition of Wetland, Atty Routing No.: Development -Matter 11 Isolated Atty Review Date: June 7, 2022 Summary: In 2018, the City Council adopted Chapter 20.162, the City's Critical Areas Ordinance, which contains the standards and permitting requirements for development activity on lands with and adjacent to critical areas within the city. City staff are proposing to amend Section 20.162.044 (Definitions — Generally.), to provide clarity on requirements related to providing determinations of isolated wetlands. Currently, the definition in POMC 20.162.044 requires a determination from the United States Army Corps of Engineers (USACE) that a wetland is isolated. This definition was based on guidance from the Washington Department of Ecology (DOE), but since City adoption of POMC 20.162, DOE has backed off the definition. DOE recognizes that the USACE does not necessarily need to make the determination that a wetland is isolated, but that certain development activities impacting an isolated wetland may still require USACE approval. The proposed change to the definition, creates a pathway for determining if a wetland is isolated based on best available science without awaiting a USACE determination. The City of Port Orchard SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on May 6, 2022. The Department of Community Development (DCD) did not receive comments related to the DNS. DCD provided the DNS and the proposed code amendment to the Washington Department of Commerce for review on May 5, 2022. The Planning Commission held a public hearing to solicit public input and provide a recommendation to the City Council on June 7, 2022. Staff provided Notice of Hearing consistent with the requirements of the Port Orchard Municipal Code on May 24, 2022 and did not receive any comments regarding the amendment. The Planning Commission provided a recommendation to the City Council to adopt the amendment to the definition of an isolated wetland as presented. Relationship to Comprehensive Plan: Implementation of the adopted City of Port Orchard Comprehensive Plan Natural Systems Element and Land Use Element. Recommendation: The City Council should consider and discuss the draft ordinance as presented along with all public feedback received on this topic. Motion for consideration: "I move to adopt an ordinance amending POMC 20.162.044 amending the definition of 'wetland, isolated', as presented." Page 24 of 274 Backto Agenda Staff Report 8C Page 2 of 2 Fiscal Impact: None foreseen. Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed ordinance based on public input. Attachments: Ordinance. Page 25 of 274 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING CRITICAL AREAS REGULATIONS, AMENDING SECTION 20.162.044 (DEFINITIONS, GENERALLY) OF THE PORT ORCHARD MUNICIPAL CODE TO UPDATE THE DEFINITION FOR "WETLAND, ISOLATED"; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's land use, zoning and permitting regulations; and WHEREAS, the City Council desires to amend POMC Section 20.162.044 (Definitions, generally) to amend the definition of "wetland, isolated"; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day expedited review on May 5, 2022 which was granted by Commerce and the requisite time has now passed to allow this ordinance to be adopted; and WHEREAS, on May 6, 2022, the City's SEPA official issued a determination of nonsignificance for the proposed amendment, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, on May 24, 2022, the City issued a Notice of Public Hearing for the proposed amendment to POMC 20.162.044, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on June 7, 2022, and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Page 26 of 274 Back to Agenda] Ordinance No. _ Page 2 of 3 SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The definition for "Wetland, isolated" contained within POMC 20.162.044 Definitions, generally —is hereby revised to read as follows: "Wetlands, isolated" means a wetland that is h ZIP aka-+'rn--�r2�`.6'-�a�-'rC�S,:rid�rcc+ eF-rii-i-rr �� based on its geographic isolation, ecological isolation, or hydrologic isolation. Isolated wetlands are defined by a very specific type of hydrologic isolation —they do not have a surface outlet by which water leaves the wetland, even seasonally. to another water body. Isolated wetlands can also be sloped wetlands where surface waterif resent, re-enters the shallow groundwater zone at the base of the wetland and is not linked via surface flows to a downstream water body. Any project involving filling or altering a wetland that meets this definition of isolated wetland is subject to regulation by the State Department of Ecology under the Water Pollution Control Act (90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may also be regulated by the US Army Corps of Engineers under the Clean Water Act. Dredge or fill of a federally regulated wetland is regulated by the US Army Corps of Engineers under the Clean Water Act and altering a federally -regulated wetland may require federal review. SECTION 3. Conflict. In the event of a conflict between this Ordinance, and any Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the provisions of the City's critical areas code, shoreline master program or any International Building Code shall supersede. SECTION 4. 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 5. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Page 27 of 274 Backto Agenda Ordinance No. Page 3 of 3 SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title 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 City Clerk in authentication of such passage this 14t" day of June 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 28 of 274 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 Subject: Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for 2022 Thermoplastic Applications Backto Agenda Meeting Date: June 14, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: 366922-0009 June 9, 2022 Summary: The City of Port Orchard updates thermoplastic pavement marking applications 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 Thermoplastic Application Project ("Project"). To select Stripe Rite, for this Project, on April 28, 2022, Public Works staff established a list of qualified contractors from the 2022 MRSC Small Works Roster for the Main Category — Roadway Construction, Repair and Maintenance, and Sub - Category — Asphalt Pavement Grinding, Planing & Pulverization, Pavement Markings. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On May 6, 2022, and pursuant to the City's Procurement Policies adopted by Resolution No. 036-22, as amended (see Section 5 — Bid Procedures), the City's Public Works Department issued an email Invitation to Bid to five (5) qualified contractors on the selected roster. Two (2) bids were received by the May 23, 2022, 1:00pm deadline, at which time staff determined Stripe Rite, Inc was the presumed responsive and qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total Specialized Pavement Markings, LLC $70,998.80 Stripe Rite, Inc $63,165.00 On May 23, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Stripe Rite, Inc. bid of $63,165.00 (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. 058-22, authorizing the Mayor to execute Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application Project in the amount of $63,165.00. Relationship to Comprehensive Plan: Chapter 8-Transportation Motion for Consideration: I move to adopt Resolution No. 058-22, authorizing the Mayor to execute Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application Project in the amount of $63,165.00. Page 29 of 274 Backto Agenda Business Item 8D Page 2 of 2 Fiscal Impact: $80,000 was budgeted for Thermoplastic Application in the 2021-2022 Biennial Budget, this work is budgeted under 002.05.542.64.40. A budget amendment is needed due to the increased expense of other street maintenance items (paving, striping, etc.). Alternatives: Do not approve. Attachments: Resolution No. 058-22, Ex. A — MRSC Roster, and Ex. B - Small Works Contract No. C053-22. Page 30 of 274 Back to Agenda RESOLUTION NO. 058-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C053-22 WITH STRIPE RITE, INC. FOR THE 2022 THERMOPLASTIC APPLICATION PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for the application of thermoplastic pavement markings throughout the City in 2022 (the "Project"); and WHEREAS, as performed annually since 2013, for 2022 the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2022 MRSC Small Public Works Roster for projects of this type; and WHEREAS, on April 28, 2022, pursuant to RCW 39.04.155, the City's Public Works Department established a roster of qualified contractors for the Project from the 2022 MRSC Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category — Roadway Construction, Repair and Maintenance, and Sub -Category — Asphalt Pavement Grinding, Planing & Pulverization, Pavement Markings; and WHEREAS, on May 6, 2022, and pursuant to the City's Procurement Policies adopted by Resolution No. 036-22, as amended, at Section 5.0 Bid Procedures, the City's Public Works Department issued an email Invitation to Bid for the Project to five (5) contractors on the selected roster; and WHEREAS, on May 23, 2022, the City's Public Works Department received two (2) bids by the 1:00pm deadline, and staff determined Stripe Rite, Inc. submitted the apparent lowest, qualified bid for the Project; and WHEREAS, on May 23, 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 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 31 of 274 Back to Agenda, Resolution No. 058-22 Page 2of2 THAT: The City Council approves and authorizes the Mayor to execute Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application 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 141h day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 32 of 274 Backto Agenda Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 04/28/2022 Time: 01:08 pm Main -Category: Roadway Construction, Repair, and Maintenance Sub -Category: Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings Small Works Roster Businesses: A&W Paving, Inc A.C.E. Improvements A.C. Moate Industries, Inc A 1 asphalt paving Inc AA Asphalting LLC AAA Sweeping LLC Action Services Corporation Active Construction Inc. Agate Asphalt Altus Traffic Management LLC dba Statewide Safety Systems American Electrical Construction Ilc Apply -A -Line, LLC. Arrow Concrete & Asphalt Specialties, Inc. Asphalt Patch Systems Inc Axum General Construction, Inc. Barcott Construction LLC Becker Blacktop LLC Beisley Enterprises LLC Black Hills Excavating Inc. Boomtown Services, LLC BP Dirt Works, LLC. C. Denney Construction Cascade Sealing Company CCT Construction, Inc Ceccanti, Inc. Central Paving LLC Clarity Construction Inc. Clark And Sons Excavating INC Coatings Northwest LLC Columbia Pacific Construction, LLC Core Tap Construction LLC CR Contracting D & G Backhoe, Inc. dba Parker Pacific Excavation Emerald Paving, Inc. Evergreen Asphalt and Concrete Inc. EVERSON ASPHALT PAVING INC Extreme Excavation FORMA Construction Company Freedom Boring & Excavating Inc. G.A. Jorgensen Company Inc. GEC NW, Inc. GeoTest Services, Inc, Glacier Works, LLC Global Contractors LLC Granite Construction Company Granite Construction Company Ground Up Road Construction, Inc. Hanson Excavation HCP Development Huber General Contractors Inc HUIZENGA ENTERPRISES LLC Inland Company Interwest Construction Inc. Iron Creek Construction LLC J. Linder Painting, LLC Page 33 of 274 Backto Agenda James Lynch Construction J A Morris Construction Julies Construction And Striping LLC Key Peninsula Construction, LLC Kissler Enterprises Environmental Products, Inc. KKLA Contractors, LLC Lakeridge Paving Co., LLC Lakeside Industries - Port Ludlow & Port Angeles Lakeside Industries Inc. - Kent Lees Demolition Ilc Legionary Handyman, LLC Looker Asphalt Inc Matt Rychel Maverick Construction and Demo Michael Green Construction, Inc. MidMountain Contractors Inc Mills General LLC Mr. Asphalt and Sons LLC Nordland Construction Nw Nordvind Company Northern Asphalt LLC North Fork Excavating Inc. Northwest Striping & Sealing LLC Northwest Traffic, Inc. NOVA Contracting, Inc N P M Construction Co. Nys Enterprises Oceanside Construction, Inc. Pacific Surveying and Engineering Services Pacific Tech Construction Paintmaster Services Inc. Pape & Sons Construction, Inc. Pavement Surface Control PHD, LLC Pony Up Parking Lots, Inc Precision Striping Premier Paving and Sealcoat, LLC PR Systems LLC Puget Paving & Construction, Inc. Purcell P & C, LLC Quality Coating Enterprises Quality Painting NW LLC RailWorks Track Systems Rainbow Sweepers, Inc. "RSI" Rainier Asphalt and Concrete Rains Contracting Inc Ram Construction General Contractors, LLC Raptor Excavating and Contracting LLC R C Walsh & Company LLC RC Zeigler Company Inc Redtail Reece Construction Company Reign City Services LLC Reliant Construction Services LLC Rhizorspainting Ilc Road Construction Northwest, Inc. Road Products, Inc ROGNLINS INC. Roland Construction Company, LLC SEALTECH ASPHALT, INC. Signature General Construction Inc. Simmons and Sons Contracting Inc Simple Solutions Sound Excavation, Inc. Page 34 of 274 Back to Agenda Specialized Pavement Marking, I I C Stanley Patrick Striping STATEWIDE PARKING LOT SERVICE INC Stripe -A -Lot Stripe Rlte Inc Stumpy Tree Service Superior Asphalt Maintenance Inc. Surface Prep & Maintenance Swofford Excavating Talakai Construction, LLC The Westsound Company LLC Tiger Construction, LTD TKK,LLC Tony Lind Paving Traffic Safety Supply Transblue TRICO Companies, LLC Trinity Contractors Inc. Tucci & Sons, Inc. Tunista Construction, LLC. UTILIGI Communications Valdez Construction, Inc Vet Industrial, Inc. We Can Dig It Welwest Construction Inc. Western United Civil Group LLC Westwood Company LLC Winters Family Construction Page 35 of 274 Back to Agenda and at: CITY OF PORT ORCHARD SMALL WORKS OVER $35K CONSTRUCTION CONTRACT NO. C053-22 PUBLIC WORKS PROJECT NO. PW2022-009 THIS Agreement is made effective as of the 141h day of June, 2022, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 Stripe Rite, Inc 1813 1371h Ave E Sumner, WA 98390 Contact: Jared Long for the following Project: ("CONTRACTOR"), a Washington a corporation located Phone: 360.674.2872 Email: ; al red(a-),striperite.com 2022 Thermoplastic Application ("PROJECT") The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�ag°ef of 274 Back to Agenda h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards; j. Appendix A: Non -Discrimination Statutes and Authorities; k. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE CITY AND THE FUNDING AGENCY WILL BE MADE PART OF THE CONTRACT DOCUMENTS. All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be June 20, 2022. The Contractor shall substantially complete the Work not later than September 16, 2022, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $63,165.00 (including applicable sales tax) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�,ag°ef of 274 Back to Agenda 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. Title VI. 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. 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 Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b) Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�'ageWof 274 Back to Agenda d) 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. e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f 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 City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. 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. 11. 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 City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�4 of3� of 274 Back to Agenda 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. 12. 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. 13. 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, City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�'agef4 of 274 Back to Agenda 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. 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 this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putaansuu, Mayor City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No, C053-22 CONTRACTOR Stripe Rite nc. By: '000eA� eve Bateman Its: r id�nt Page 6 of 31 Rcv. IBDR 4-2022 Page 41 of 274 Back to Agenda ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�'agef4hf 274 Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of County of ss , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of , 20 City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Notary Public (Signature) Notary Public (Print) My commission expires Rev. IBDR 4-2022 Pag�agef4 of 274 Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag�'agef4 of 274 Back to Agenda 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to https:Hfortress.wa.aov/lni/wa elo�okup/prvWa-el�p.aspx for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagY ge Vo'f 274 Back to Agenda 13. 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 13 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. 14. 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. 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; City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 Pag age W4 274 Back to Agenda 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). 15. 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 COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 16. 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. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. 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), City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagY ge Vo'f 274 Back to Agenda 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. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. a) 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. b) 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. c) 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 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. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagY ge Vo'f 274 Back to Agenda 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagY ge b 274 Back to Agenda Attachment CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, caused in whole or in part by • Commercial General Liability insurance shall Obetten on ISO occurrence form CG 00 01 and shall cover liability es, 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 1185. 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 Wpe?rrned for the City using ISO Additional Insured endorsement CG 20 10 +@--0:dditional Insured -Completed Operations endorsement CG 20 37 4$91-or substitut endorsements providing equivalent coverage. V� 12119 • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Page 15 of 31 Rev. IBDR 4.2022 Page 50 of 274 Back to Agenda 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. • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. 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: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Rev. IBDR 4-2022 Small Works Contract No. C053-22 PagY ge Po'f 274 Back to Agenda • 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. • If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, 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. Waiver of Subro ag tion. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V1I. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. 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. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial Genjeral liability insurance policy using an endorsement as least as broad as ISO CG 20 10 ngoing operations and CG 20 37ompleted operations. 12/19 Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and City of Port Orchard and Stripe Rite, Inc. Public Works Project No, PW2022-009 Small Works Contract No. C053-22 Page 17 of 33 Rev. 3BDR 4-2022 Page 52 of 274 Back to Agenda all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagY ge f b 274 Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE APPLICABLE TO CONTRACTS OF $150 000 OR LESS —RCW 39.08.010 Note 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. The Contractor elects to (select one): (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. x (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until;oentra Contra for ful Is the said obligations. ctorSignature, Date Steven Bateman / President Bond No. 6108122 City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Page 19 of 31 Rev. 113 DR 4-2022 Page 54 of 274 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2022 THERMOPLASTIC APPLICATION CONTRACT NO. C053-22 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 2022 Thermoplastic Application Contract No. C053-22 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; • 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. 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 City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagV ge f o'f 274 Back to Agenda • Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety 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 Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) 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. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagVage f o'f 274 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF 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 corporation, ❑ of partnership, ❑ individual, the the 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. Notary Seal with Ink Stamp City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Rev. IBDR 4-2022 PagV ge f o'f 274 Back to Agenda 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. Notary Seal with Ink Stamp City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Rev. IBDR 4-2022 PagV ge Ub 274 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage.) PROJECT #, PERMIT PW2022-009 CONTRACT # C053-22 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: 2022 Thermoplastic Application Owner/Developer/Contractor: Project Address: City of Port Orchard KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagV ge Ub 274 Back to Agenda of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. 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 shall leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 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 City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Rev. IBDR 4-2022 Small Works Contract No. C053-22 PagV ge 6dof 274 Back to Agenda purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby 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 (Signature must be notarized) By: Its Business Name: Business Address: City/State/Zip Code: Telephone Number: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 DEVELOPER/OWNER (Signature must be notarized) By Its Business Name: Business Address: City/State/Zip Code: Telephone Number: Rev. IBDR 4-2022 PagV ge Ub 274 Back to Agenda CITY OF PORT ORCHARD Date: Its Public Works Director/City Engineer CHECK FOR ATTACHED NOTARY SIGNATURE City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Individual (Form P-1) Corporation (Form P-2) Surety Company (Form P-2) Rev. IBDR 4-2022 PagV ge Ub 274 Back to Agenda 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. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Rev. IBDR 4-2022 PagV ge Uo'f 274 Back to Agenda FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Rev. IBDR 4-2022 PagV ge Uo'f 274 Back to Agenda (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: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Rev. IBDR 4-2022 Pag9 ge Ub 274 Back to Agenda APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to 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 Federal - aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-009 Small Works Contract No. C053-22 Rev. IBDR 4-2022 PagYage Wo'f 274 Backto Agenda SCHEDULE A OF CONTRACT PRICES (REFER TO EXHIBIT A FOR BREAKDOWN) 2022 Thermoplastic Application Item # Description of Work Estimated Unit Unit Bid Price Total Item# Amount Quantity SALES TAX In accordance with Section I'07.2(1) and DOR Rule 171, State Sales Tax: Work performed on Cby, County, or Federally -owned }and, the Contractor shall include Washington State retail sales taxes IN the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used orconsumed jndoing the work. Page 67 of 274 Backto Agenda SGriEDULE B OF CONTRACT PRICES (REFER TO EXHIBIT B FOR CONSTRUCTION PLAN) NOTE: Schedule B shall be bid as a Lump Sum according to the construction plan set (Exhibit B) and the Project Details outlined inthis Invitation toBid. |fadiscrepancy between the numerical unit price and the written (words) unit price isfound, the written (words) unit price shall control. Item Estimated No. Quantity SP/STD Description ofItem Unit Price Amount 1. Lump Sum sro Exhibit o(Construction plan) $16,250.00 L.S.16,250.00 (Words) Per Lump Sum SCHEDULE BTOTAL BID: s 16'250.00 Schedule B Total: 4 In accordance with Section I-07.2(1) and DOR Rule 171, State Sales Tax: Work performed on [hK [ounty, or Federally -owned land, the Contractor shall include Washington State retail sales taxes |Nthe various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used urconsumed indoing the work. Page 68 of 274 Back to Agenda ACKNOWLEDGEMENTS CITY OF PORT ORCHARD 2022 THERMOPLASTIC APPLICATION PUBLIC WORKS PROJECT NO. PW2022-009 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: Printed Name and Title: Location or Place Executed (City, State): STEVE BATEMAN/ PRESIDENT SUMNER, WA 98390 Business Address: Business Telephone: 1813 137TH AVE E 253.863.2987 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. Page 69 of 274 Back to Agenda STATE OF WASHINGTON )ss. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that STEVE BATEMAN signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the PRESIDENT (title) of STRIPE RITE, INC (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this 20 day of MAY 20 22 Notary Public KATHRYN ARROWOOD VAN COURT Printed Name My Commission Expires: 10/29/2024 Page 70 of 274 Backto Agenda �_. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8E Meeting Date Subject: Adoption of a Resolution Approving a Prepared by Contract with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design Atty Routing No.; Atty Review Date June 14, 2022 Mark Dorsey, P.E. Public Works Director 366922-0013 — Water June 8, 2022 Summary: The City identified the need for the design and construction of a 390 Zone Low Pressure Booster Station for 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. 036- 22—the City's Public Works Department established a list of qualified firms for the design of the Project 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 issued an emailed Request for Qualifications (RFQ) to ten (10) qualified consultants selected from the MRSC roster for the Project's Roster. The City did not receive any project -specific Statements of Qualification by the March 8, 2022, 2:00 pm deadline. Consistent with RCW 39.80.040 and the City's Procurement Policies and Procedures for the procurement of engineering contracts, on March 25, 2022, Public Works Staff evaluated the statements of qualifications on file with MRSC for the firms on the Project's Roster and determined that Art Anderson Associates, Inc. met the requirements and criteria as described in the RFQ and was the most highly qualified for the Project. On April 13, 2022 Public Works staff met via Zoom with Art Anderson Associates, Inc to discuss, clarify and develop the Project Understanding and the associated contract terms. On May 27, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project from the consultant in an amount of $205,041.00. Recommendation: Staff recommends adoption of Resolution No. 057-22, approving Contract No. C081- 22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design in the amount of $205,041.00 and documenting the Professional Services Procurement Procedures. Relationship to Comprehensive Plan: Chapter 7: Utilities Motion for Consideration: I move to adopt Resolution No. 057-22, authorizing the Mayor to execute Contract No. C081-22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design in the amount of $205,041.00. Fiscal Impact: This currently unbudgeted Project includes a PWB loan of $650,000. A budget amendment will be required. Page 71 of 274 Backto Agenda Staff Report 8E Page 2 of 2 Alternatives: Do not approve. Attachments: Resolution No. 057-22, Exhibit A- MRSC Roster, Contract No. C081-22, and Contract Exhibit A & B-Art Anderson Associates, Inc. Proposal (dated 5/27/2022). Page 72 of 274 Backto Agenda RESOLUTION NO.058-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C081-22 WITH ART ANDERSON ASSOCIATES, INC. FOR THE 390 ZONE LOW PRESSURE BOOSTER STATION-SEDGWICK AND DOCUMENTING I 0 3911"I [Q L1 /_m 014 10L:01:1 V Im" ATI ["i ] :Z91d 01:1J ►Ti LPL 11 11111 0 :T9101 J 111:*19 WHEREAS, the City identified the need for the 390 Zone Low Pressure Booster Station for 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. 036-22, the City's Public Works Department established a list of qualified firms for the Project from the MRSC 2022 Consultant Roster (see Resolution Exhibit A, attached) for the Main Category — Engineering Services and Sub -Category — Water System Planning and Design; and WHEREAS, on February 16, 2022, and pursuant to Resolution No. 036-22, the City's Public Works Department issued a Request for Qualifications (RFQ) to ten (10) qualified consultants selected from the Roster; and WHEREAS, the City did not receive any responsive Statements of Qualifications by the March 8, 2022, 2:00 pm deadline. WHEREAS, consistent with RCW 39.80.040 and the City's Procurement Policies and Procedures for the procurement of engineering contracts, on March 25, 2022, Public Works Staff determined Art Anderson Associates, Inc, a qualified engineering firm listed on the Roster, met the requirements and criteria as described in the RFQ and was the most highly qualified on the Roster for the project based on the statement of qualifications on file with MRSC; and WHEREAS, on April 13, 2022, Public Works Staff met via Zoom with Art Anderson Associates, Inc. to discuss, clarify and develop the Project Understanding and the associated contract terms; and WHEREAS, on May 27, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project, in an amount of $205,041; and WHEREAS, the Port Orchard City Council believes Art Anderson Associates, Inc. to be the most highly qualified engineering firm for this Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 73 of 274 Backto Agenda Resolution No. Page 2 of 2 THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. C081-22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design. 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 141" day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 74 of 274 2/7/22, 9:49 AM MRSC Rosters Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Consultant Roster Date: 02/07/2022 Time: 09:49 am Main Category: Engineering Services Sub -Category: Water System Planning and Design Advanced Industrial Automation Corp AHBL, Inc. Anchor OEA, 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 Page 75 of 274 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 1/6 2/7/22, 9:49 AM MRSC Rosters Back to Agenda 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. DO 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. Page 76 of 274 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 2/6 2/7/22, 9:49 AM MRSC Rosters Back to Agenda ESVELT ENVIRONMENTAL ENGINEERING LLC Evergreen Coating Engineers, LLC Exeltech Consulting, Inc. Fain Environmental LLC FCS GROUP GeoDesign, Inc., DBA NV5 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 JMJ TEAM Keller Associates, Inc. Page 77 of 274 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 3/6 2/7/22, 9:49 AM MRSC Rosters Back to Agenda 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. Prescribed S.tructural Integrity PACE Engineers, Inc. Pacific Engineering & Design, PLLC Pacific Groundwater Group, a Division of Mott MacDonald PACLAND - Seattle, P.C. Parametrix Page 78 of 274 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 4/6 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. MRSC Rosters Back to Agenda Page 79 of 274 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 5/6 2/7/22, 9:49 AM MRSC Rosters Back to Agenda Varius Inc. WEST Consultants, Inc. WestSound Engineering, Inc. Wilson Engineering, LLC Wood WSP USA Inc. Page 80 of 274 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 6/6 Back to Agenda Port Orchard Contract #: C081-22 Authorized Amount: $205,041 Date Start: June 14, 2022 Date End: December 31, 2022 CONSULTANT SERVICES AGREEMENT 390 ZONE LOW PRESSURE BOOSTER STATION-SEDGWICK THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington (hereinafter the "City") and Art Anderson Associates, Inc., (hereinafter the "Consultant") organized under the laws of the State of Washington, located and doing business at: 830 Pacific Ave. Ste 200, Bremerton, WA 98337, Contact: Brad Ginn, PE Phone: 360 479-5600 RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for selecting and negotiating the terms of an agreement with the Consultant contained in Chapter 39.80 RCW and the City's Procurement Policies; NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 1 of 17 Updated 4/2022 IBDR Page 81 of 274 Back to Agenda to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ ❑X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $205,041 without written authorization and will be on a time and materials basis based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." ❑ 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 "B." ❑ OTHER 3. 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. The City shall pay the Consultant for City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 2 of 17 Updated 4/2022 IBDR Page 82 of 274 Back to Agenda, services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on June 14, 2022 and ending December 31, 2022 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 3 of 17 Updated 4/2022 IBDR Page 83 of 274 Back to Agenda, a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification. 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 4 of 17 Updated 4/2022 IBDR Page 84 of 274 Back to Agenda, The Consultant 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 Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: i. 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they 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. 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 City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 5 of 17 Updated 4/2022 IBDR Page 85 of 274 Back to Agenda additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 6 of 17 Updated 4/2022 IBDR Page 86 of 274 Back to Agenda 12. 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. 13. Termination. 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. C. Rights Upon Termination. i. 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. ii. 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 City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 7 of 17 Updated 4/2022 IBDR Page 87 of 274 Back to Agenda 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 8 of 17 Updated 4/2022 IBDR Page 88 of 274 Back to Agenda, The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. 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. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 9 of 17 Updated 4/2022 IBDR Page 89 of 274 Back to Agenda 22. 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. 23. 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. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace(c cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 25. Resolution of Disputes; 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 City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 10 of 17 Updated 4/2022 IBDR Page 90 of 274 Back to Agenda 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. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. 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: A. 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. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. 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 City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 11 of 17 Updated 4/2022 IBDR Page 91 of 274 Back to Agenda race, color, national origin, sex, age, disability, income -level, or LEP. D. 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. E. 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: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 28. 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. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 12 of 17 Updated 4/2022 IBDR CITY OF PORT ORCHARD Page 92 of 274 Back to Agenda Title: Date: City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 13 of 17 Updated 4/2022 IBDR Lo Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Port Orchard City Attorney's Office Page 93 of 274 Back to Agenda EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 14 of 17 Updated 4/2022 IBDR Page 94 of 274 Back to Agenda EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 15 of 17 Updated 4/2022 IBDR Page 95 of 274 Back to Agenda 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 City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 16 of 17 Updated 4/2022 IBDR Page 96 of 274 Back to Agenda VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Art Anderson Associates, Inc. Professional Service Agreement Contract No. C081-22 Page 17 of 17 Updated 4/2022 IBDR Page 97 of 274 1211 ART ANDERSON rmUr City of Port Orchard Attn: Mark Dorsey, PE 216 Prospect Street Port Orchard, WA 98366 Re: 390 Zone Booster Station Price Proposal Dear Mark: LBackto Agenda Exhibit A May 27, 2022 FACP0018.BP Art Anderson presents our proposal for Engineering services in response to the RFP dated 2/16/2011, your request, and subsequent conversations with City staff. The objective of this project is to design a new booster station to maintain pressure in the City of Port Orchard's 390 Pressure Zone. Scope of Services Inclusions The proposal is based on: • Performing a topographic survey of the pump station location and surrounding areas to map topographic features, surface improvements, structures, utilities, etc. Surveying will be performed by Truland as a sub -consultant to Art Anderson. • Conducting geotechnical investigations necessary to characterize soils to facilitate building foundation design. Geotechnical engineering will be performed by Krazan as a sub -consultant to Art Anderson. • Performing water system modeling to determine the necessary capacity of the of the booster station and to properly select pumps based on the needed capacity and the characteristics of the water system. Water System Modeling will be performed by Murraysmith as a sub -consultant to Art Anderson. • Design of pump station controls and integration into the city's existing SCADA system. Controls and SCADA Integration design will be performed by TSI as a sub -consultant to Art Anderson. • Design of connections to the existing water system. • Design of a building to house the pump station. It is assumed the building will be CMU construction with spread footing foundations and a standing seam metal roof. Building design will adhere to City of Port Orchard utility building design standards, if any. • Design of piping, valves, fittings and other required appurtenances, electrical installation, emergency generator, and other fixtures necessary to construction a complete booster station. The design will progress with the following submittals for review: 0 30% Schematic Design 0 60% Design Development 830 Pacific Avenue, Suite 200 1 Bremerton, WA 98337 1 360-479-5600 G'e SDVOSB I OMWee?gA An Owned Business 1211 ART ANDERSON rmUr Backto Agenda o 100% Ad Ready Plans, Specifications, and Estimate • Quality Control review of each design submittal will be performed. • Bid support activities to respond to contractor pre -proposal inquiries (PPIs). Assumes approximately 6 design related PPIs. Assumptions/Exclusions The proposal assumes: • Specifications will be based on the current WSDOT/APWA Standard Specs, with other format specs (such as Masterspec) included as an addendum if necessary. • Engineering support during construction is not included in this proposal, but can be negotiated separately if desired by the City. • Construction and Contract administration is not included. Contract Terms Based on the Scope of Services as outlined above, we are proposing a Not to Exceed Time and Materials fee of $205,041. The price is broken down as follows: • Pump Station Design • Surveying • Geotech • Water System Modeling • Control and SCADA Integration Art Anderson $106,620 Truland $ 5,390 Krazan $ 8,025 Murraysmith $ 23,626 TSI $ 61,380 Our fee estimate is included as Enclosure A. Our standard rates are included as Enclosure B. Subconsultant scope and fee proposals are included in Enclosure C. Sub -consultant fees include a 10% markup. Services outside the scope of services described herein shall be considered additional services and shall be negotiated separately. Thank you for considering Art Anderson as a partner in your success. We look forward to working with such a valued and respected member of our business community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerely, Brad Ginn, P.E. VP of A&E FACP0018.13P Proposal Letter Page 2 of 2 5/27/2022 Page 99 of 274 Back to Agenda irwWr0211 Exhibit B ART ANDERSON Enclosure A: Fee Estimate FACP0018.13P Proposal Letter Enclosure 5/25/2022 Page 100 of 274 Back to Agenda 1 . ART 0 ANDERSON 830 Pacific Avenue Bremerton, WA 98337 COMPANY PROPRIETARY DATE: 24-May CLIENT: City of Port Orchard AA PROJECT NUMBER: FACP0018.BP SMP: AA POINT OF CONTACT: Brad Ginn PROJECT NAME: 390 Zone Booster Station DESIRED START DATE: POINT OF CONTACT: Mark Dorsey COMPLETION DATE: Phone: (360) 479-5600 Principal Project Manager Sr. Engineer/ Sr. Architect Project Engineer Engineer Senior Designer Designer CAD Drafter Project Coordinator Clerical LABOR SUBTOTAL SUBTOTAL HOURS LABOR DIRECT COST TOTAL •• r t.. r $98,421 $205,041 TASK PM/Admin 2 6 3 9 20 $2,440 $98,421 $100,861 Contract Administration 2 2 8 12 $1,340 $1,340 Kickoff Meeting 2 1 1 4 $530 $530 Site Visit 2 2 4 $570 $570 Survey(Trul-and) $5,390 $5,390 Geotech (Krazan) $8,025 $8,025 Modeling (Murraysmith) $23,626 $23,626 Controls (TSI) $61,380 $61,380 TASK 30% Design 6 37 102 84 24 1 254 $32,255 $32,255 Civil Drawings (3 sheets) 12 12 24 $3,420 $3,420 Civil Specs 4 4 $660 $660 Structural (6 sheets) 24 24 48 $5,760 $5,760 Structural Specs 4 4 $480 $480 Electrical (6 sheets) 4 27 24 1 55 $6,540 $6,540 Electrical Specs 1 2 1 4 $485 $485 Mechanical (5 sheets) 27 24 51 $6,120 $6,120 Mechanical Specs 6 6 $720 $720 Architectural (6 sheets) 8 24 32 $4,200 $4,200 Architectural Specs 4 4 $660 $660 Cost Estimate 8 8 $960 $960 QC 6 6 $1,110 $1,110 Design Review Meeting 4 1 4 8 $1,140 $1,140 TASK 60% Design 8 44 114 115 42 2 325 $41,000 $41,000 Civil Drawings (3 sheets) 1 12 21 1 33 $4,500 1 $4,500 Civil Specs 8 8 $1,320 $1,320 ,Structural (6 sheets) 24 40 64 $7,680 $7,680 Structural Specs 8 8 $960 $960 Electrical (6 sheets) 6 27 42 75 $8,850 $8,850 Electrical Specs 2 2 2 6 $730 $730 Mechanical (5 sheets) 1 27 27 54 $6,480 $6,480 Mechanical Specs 6 6 $720 $720 Architectural (6 sheets) 1 8 2 1 35 1 $4,560 $4,560 Architectural Specs 4 4 $660 $660 Cost Estimate 16 16 $1,920 $1,920 QC 8 8 $1,480 $1,480 Design Review Meeting 4 4 8 $1,140 $1,140 TASK 100% Design 8 27 81 76 24 2 218 $27,575 $27,575 Civil Drawings (3 sheets) 6 12 1 18 $2,430 $2,430 Civil Specs 4 4 $660 $660 Structural (6 sheets) 24 24 1 48 1 $5,760 $5,760 Structural Specs 8 8 $960 $960 Electrical (6 sheets) 4 18 24 46 $5,460 $5,460 Electrical Specs 1 1 2 4 $445 $445 Mechanical (5 sheets) 18 16 34 $4,080 $4,080 Mechanical Specs 4 4 $480 $480 Architectural (6 sheets) 1 8 24 1 32 $4,200 $4,200 Architectural Specs 4 4 $660 $660 Cost Estimate 8 1 8 $960 $960 QC 8 8 $1,480 $1,480 TASK Bidding Support 6 12 4 4 26 $3,350 $3,350 PPI Responses 6 12 4 4 26 $3,350 $3,350 RATE/HOUR $215.00 $185.00 $165.00 $135.00 $120.00 $120.00 $110.00 $90.00 $80.00 $65.00 Page 101 of 274 1211 ART ANDERSON rmUr Backto Agenda Enclosure B: Standard Rates Where engineering services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal $215 Project Manager $185 Senior Engineer/Senior Architect $165 Project Engineer $135 Engineer $120 Senior Designer $120 Designer $110 CAD Drafter $90 Project Coordinator $80 Clerical $65 Reimbursable expenses will be charged at the rates shown below: Automobile Travel Consultant Costs Travel Costs Food and Lodging Photocopying (B & W) Photocopying (Color) Plotter Bond Plotter Presentation Plotter Vellum/Mylar Other Reproduction Costs Note: Minimum charge when stamping work is $1,000.00. IRS Rate Actual cost plus 10% Actual cost plus 10% Actual cost plus 10% $.05/copy plus operator time $.20/copy plus operator time $.55/sq ft plus operator time $.85/sq ft plus operator time $.60/sq ft plus operator time Actual cost plus 10% FACP0018.13P Proposal Letter 5/25/2022 Page 102 of 274 Enclosure 1211 ART ANDERSON rmUr Backto Agenda Enclosure C: Subconsultant Scope and Fee Proposals FACP0018.13P Proposal Letter Enclosure 5/25/2022 Page 103 of 274 TRULAND SURVEY LLC April 26, 2022 Brad Ginn, PE Art Anderson Associates 830 Pacific Ave. Bremerton, WA 98337 Re: Port Orchard Booster Station Survey Support Back to Agenda ___..J Survey LLC, Poulsbo, WA 360-536-1204 Thank you for considering Trul-and Survey, LLC as your surveying consultant. The following is a Scope of Services, and cost estimate to provide surveying and mapping services for improvements planned for the Port Orchard booster station located in Port Orchard, WA. Based on the information you have provided to us, this is our understanding of the scope and effort requirements for this project: SCOPE Task 1. Topographic Survey: Trul-and will prepare a topographic survey of the yellow bold area defined below in the "mapping area exhibit". The topographic mapping shall extend 15 feet beyond the property lines (subject to right of entry) and include street frontage/easement improvements. Storm and sanitary structures to be located shall include one structure upstream and downstream of the property. Contours will be at 1-foot intervals and based on the Kitsap County or the City of Port Orchard preferred datum. Parcel lines will be shown based on the legal description for the parcel and section corner monuments as published by Kitsap County. Note: A full boundary retracement survey has not been included in this scope of work. The field survey will locate visible evidence of the following improvements: • Buildings • Cu rbs • Sidewalks/Paths • Driveways/curb cuts • Pavement -delineation between concrete and asphalt • Retaining walls and fences — materials and heights • Storm drainage and storm drain structures • Sanitary sewer manholes • Water valve boxes • Electrical power vaults and associated surface features • Telephone pedestals • Natural gas • Cable or fiber optic pedestals • Street lighting • Fire Hydrants • Signage • Ponds COLLABORATION ANDPF29X1I4EfWENCE DRIVING RESULTS TRULAND SURVEY LLC Back to Agenda -.. Associates 04/26/2022 City of Port Orchard Booster Station • Overhead wires, guy wires • Meters or utility connects to existing buildings. • Note: Our survey crews are not allowed to enter sub -surface vaults. Our work will be conducted from the surface, using measure -down techniques. Crews will also not open any structure covers in excess of 80 pounds. • Underground utility location paint marks provided by others. • Significant trees as required. TruLand will coordinate with city staff to survey marks of underground facilities such as underground water lines, utility connections, etc. The location of these utilities will be shown on the boundary/topographic survey. Marking of specific underground utilities will be the responsibility of the City of Port Orchard. Mapping Area Exhibit: Page 105 of 274 TRULAND SURVEY LLC ASSUMPTIONS: Back to Agenda -.. Associates 04/26/2022 City of Port Orchard Booster Station This proposal is based on the following assumptions and/or receiving the following site -specific information. 1. Trul-and will have reasonable access to all areas requiring surveys. 2. For safety reasons Trul-and personnel are not permitted to enter enclosed utility structures. These structures will be detailed and inventoried only to the extent feasible from the surface. 3. All electronic mapping standards will be based on Trul-and drafting standards unless specified otherwise. 4. Trul-and field crews may need to perform minor brushing with machetes to conduct this survey, and we have Client's permission to do so. 5. The setting of any survey monuments at proposed lot corners or the re-establishment of any exterior boundary points has not been included in Task 1. 6. The marking of underground utilities will be the responsibility of the City of Port Orchard. DELIVERABLES Trul-and will provide the following as part of this proposal. 1. Stamped and signed PDF copy of the completed topographic survey 2. An electronic drawing file in AutoCAD (C3D) format in one drawing file. FEE Task 1 Topographic Survey The described Scope of Services for the Topographic Mapping will be completed on a fixed fee basis in the amount of $4,900. SCHEDULE Trul-and will complete the above -described scope of work on a mutually agreed upon schedule. Page 106 of 274 T'RULAND SURVEY LLC ADDITIONAL SERVICES Backto Agenda _. Associates 04/26/2022 City of Port Orchard Booster Station It is understood that any Additional Services beyond those included in this Scope of Services shall be authorized in writing by the Client prior to commencement of the "Additional Service(s)," and the Client shall reimburse TruLand for said Additional Services monthly according to the work actually accomplished in the preceding month, provided such Additional Services have been approved in writing. If you have any questions or need additional information, please call me at (360) 536-1204 or e-mail me at bpusev@TruLandsurvey.com. Best regards, TRULAND, INC. Bob Pusey, PLS, Managing Member Page 107 of 274 Backto Agenda Q-Krazan GEOTECHNICAL ENGINEERING -i ENVIRONMENTAL ENGINEERING a CONSTRUCTION TESTING AND INSPECTIONS May 2, 2021 Art Anderson Associates 830 Pacific Ave Bremerton, WA 98337 Attn: Mr. Brad Ginn, P.E. Email: rginn@artanderson.com Tel: (360) 479-5600 RE: Proposal for Geotechnical Engineering Investigation Proposed Booster Pump Station 4986 Bethel Road SE Port Orchard, WA Dear Mr. Ginn: KA Proposal No. G22037WAP Page 1 of 4 We are pleased to present our scope of work and cost estimate for a geotechnical engineering investigation for the proposed Booster Pump Station located at 4986 Bethel Road SE in Port Orchard, Washington. We have reviewed the topographic and geologic maps, and aerial photographs of the site vicinity in preparation of this proposal. Project Description We understand that the site consists of a single assessor parcel (11231-1-045-2000) covering an area of approximately 2.02 acres. We understand that the site is currently developed with a water reservoir, driveway and associated utilities. We understand that the site development will include design and construction of a pump station, and associated utilities. We have been requested to provide a cost estimate to conduct a geotechnical engineering investigation and prepare a geotechnical engineering report for the proposed development. GEOTECHNICAL STUDY Field Exploration We propose to explore the subsurface conditions at the site by excavating two (2) test pits. The test pits would likely be excavated to depths of approximately eight (8) to ten (10) feet below the existing ground surface (bgs) or to refusal on sound bearing strata, whichever occurs first. The actual number and locations of the test pits will be dependent on locations of utilities, site access, and the variability of the subsurface conditions. All field work will be performed under the supervision of a Krazan engineer or geologist. The test pits will be logged in the field and subsurface soil samples will be collected, sealed in plastic bags, and transported to our laboratory for evaluation and testing. Offices Servin&�aaT�e108 eo�srn United States 1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127 Backto Agenda KA Proposal No. G22037 WAP Proposed Booster Pump Station May 2, 2022 Page No. 2 Laboratory Testing We will conduct laboratory testing to determine the physical and engineering properties of the onsite soils. It is important to note that the actual testing schedule would be dependent on the type of soils encountered within the test pits at the site. Also, we may identify additional tests that may be appropriate for the project as engineering analyses and laboratory testing proceeds. The laboratory testing schedule may consist of the following tests: Tests ASTM Designation Natural Water Content D 2216 Grain Size Analysis D 6913 Atterberg Limits D 4318 Engineering Analysis and Report We will conduct the necessary engineering analyses utilizing the data acquired from the test pits and laboratory testing, to characterize site soils, determine the potential impact of groundwater on the proposed construction, develop foundation support recommendations for the proposed buildings, and develop earthwork recommendations. The report will include the results of our field exploration and laboratory tests, engineering analyses, and relevant design parameters. At a minimum, our investigation and report will include the following: • An exploration of the subsurface soil and groundwater conditions by excavating two (2) test pits to a maximum depth of 10 feet or refusal on sound bearing strata, whichever occurs first, using an excavation subcontractor; • Prepare a site plan showing the exploration locations; • Prepare comprehensive test pit logs including soil stratification and classification, and groundwater levels where applicable; • Provide foundation recommendations for the proposed structures including foundation type, allowable bearing pressure, anticipated settlements (both total and differential), coefficient of horizontal friction, and frost penetration depth; • Provide recommendations for seismic design considerations including site coefficient and ground acceleration based on the 2018 IBC; • Provide recommendations for structural fill materials, placement, and compaction; • Provide recommendations regarding the suitability of on -site soils as structural fill; • Provide recommendations for temporary excavations; • Provide recommendations for site drainage and erosion control. Offices Servin&�aaThn W9 o n United States 1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127 Backto Agenda KA Proposal No. G22037 WAP Proposed Booster Pump Station May 2, 2022 Page No. 3 Environmental services, such as chemical analysis of soil and groundwater for possible environmental contaminants, are not included in our scope of services for this project. Our findings and geotechnical engineering recommendations would be provided in a written report. We plan to submit the geotechnical engineering report via email. Hard copies of the report can be provided on request. The services will be performed in accordance with generally accepted standards of the geotechnical engineering profession. The report will be signed and stamped by a State of Washington registered professional engineer. Design Phase and Construction In addition to the geotechnical investigation, we anticipate that there may be additional consultation and inspection services needed during the design and construction phases of the project. The additional services could include, discussions with the project design team, response to Kitsap County review comments, a plan review letter, construction monitoring, a final letter for the City, and potential additional site visits for meetings or site reconnaissance. A separate cost estimate for consultation and construction monitoring can be Schedule/Time Frame We anticipate submitting our report to you within 20 working days of the completion of our subsurface investigation. The fieldwork would commence as soon as possible upon receiving your authorization to proceed, upon obtaining utility clearances, and based on the availability of the subcontracted equipment. If requested by you, we would release preliminary results, as data becomes available, and make interim verbal recommendations to enhance the progress of project design work. Cost Estimate Based on the proposed scope of work, we estimate that our cost for providing geotechnical engineering services for this project will be $7,295.00. We will contact the State of Washington Utility Clearance Center (UCC) to have public utilities located at the boring locations. The UCC does not mark the location of private utilities. Therefore, the cost for private utility locates is included in this proposal. Please initial and sign the attached Agreement for Geotechnical Engineering Services and return a copy to us to indicate your authorization to proceed. We would mobilize and begin our investigation as soon as possible upon your authorization to proceed, assuming we have access to the property and based on the availability of the subcontracted excavation services. Please arrange access to the site. Offices Servin&�aaThn W� o n United States 1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127 Backto Agenda KA Proposal No. G22037 WAP Proposed Booster Pump Station May 2, 2022 Page No. 4 Thank you for this opportunity to present our proposal for geotechnical engineering services. If you have any questions regarding this proposal, please feel free to contact us at (360) 598-2126. Sincerely, Krazan & Associates, Inc. Vijay Chaudhary, P.E. Project Engineer Geoffrey Fisher, EIT Staff Engineer Attachment: A. Agreement for Geotechnical Engineering Services (signature required). Offices Servin&�aaThn Woks 4n United States 1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127 Back to Agenda AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, INC., hereinafter referred to as "Consultant", and Art Anderson Associates, 830 Pacific Ave, Bremerton, WA 98337 , hereinafter referred to as "Client." This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled "Proposal for Geotechnical Engineering Investigation - Proposed Booster Pump Station," file number G22037WAP, dated May 2, 2022 ("PROPOSAL"), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Poulsbo, WA, is effective as of the date this Agreement is countersigned by Krazan & Associates, Inc, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. The parties agree as follows: 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including addenda, amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to construct the Project for which Consultant is providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous materials, toxic substances or pollution. 1.5. Services. The professional services provided by Consultant as set forth in this Agreement, the Scope of Services and any written Change Order, Task Order or amendment to this Agreement, and where Consultant's services are to be provided during the Construction Phase of the project as scheduled by the Client's Contractor through oral or written communication. 1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the work described in the Contract Documents. 1.7. Fee Schedule. Consultant's standard annual fee schedule unless project specific fee schedule is provided. 1.8 Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant's professional judgment, general requirements. 1.9 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials. 1.10. Construction. Site improvement activities including but not limited to site clearing, demolition, excavation, grading, installation of remediation equipment, implementation of bioremediation, or construction of structures. 1.11. Governmental Agencies. All federal, state and local agencies having jurisdiction over the Project. 2. SCOPE OF SERVICES Consultant will perform the Scope of Services set forth in the attached PROPOSAL. 2.1. Changes in Scope. If Consultant provides Client with a writing confirming a change in the PROPOSAL or the Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Consultant on the Project, whether requested and/or authorized by Client by oral or written communication, are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the PROPOSAL, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 18, "Disputes." 2.2. Licenses. Consultant will procure and maintain business and professional licenses and registrations necessary to provide its Services. 2.3. Excluded Services. Consultant's Services under this Agreement include only those Services specified in the PROPOSAL. 2.3.1. General. Client expressly waives any claim against Consultant resulting from its failure to perform recommended additional Services that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform. 2.3.2. Biological Pollutants. Consultant's PROPOSAL specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. Consultant's PROPOSAL will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that Consultant has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless Consultant from all claims by any third party concerning Biological Pollutants, except for damages caused by Consultant's sole negligence. 2.4. Changes in Schedule. Because of the uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are subject to revision unless otherwise specifically stated in the PROPOSAL. 2.5 Sampling, Inspection & Test Locations. Unless specifically stated otherwise, the Scope of Services does not include surveying the Site or precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will be based on field estimates and information furnished by Client and its representatives. Unless stated otherwise in the report, such locations, depths and elevations are approximate. Company will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the Scope of Services. 3. PAYMENTS TO CONSULTANT 3.1. Basic Services. Consultant will perform all Services set forth in the attached PROPOSAL on a lump sum/fixed fee basis as set forth therein. 3.2. Additional Services. Any additional services performed under this Agreement will be provided on a time and materials basis above and beyond any prior quoted estimate, not -to -exceed or lump sum fee unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant's Services shall continue on a time and expense basis to completion unless directed otherwise by Client. Gen 2022.1 Page 112 o f 274 l G22037WAP Contract age 1 of 7 Please initial Back to Agenda Furthermore, the provision of a "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the "not to exceed" limitation amount without notifying Client in writing that the "not -to -exceed" amount has been reached and that Services will continue on a time and materials basis unless directed by Client to discontinue any further Services. 3.4. Rates. Client will pay Consultant at the rates set forth in the Fee Schedule. 3.4.1. Changes to Rates. Client and Consultant agree that the Fee Schedule is applicable only through December 31 of the year published, unless stated otherwise in the PROPOSAL, and is subject to periodic review and amendment, as appropriate to reflect Consultant's then -current fee structure. Unless otherwise provided for in the PROPOSAL, where projects are on -going beyond December 31 of the year the services were initiated, the rates presented in the PROPOSAL and Fee Schedule are subject to an annual cost of living adjustment based on the consumer price index for the geographic area where our services are being provided. Notwithstanding the foregoing, where Prevailing Wage regulations apply Consultant's labor rates are subject to revision based on determinations made by the governing agency. Where labor rates are increased during the course of the project Consultant's billing rates presented in the PROPOSAL and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or benefits rate increases unless otherwise stipulated in the PROPOSAL. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Section 17, "Termination." 3.4.2. Prevailing Wages. Unless Client specifically informs Consultant in writing that prevailing wage regulations cover the Project and the Scope of Services identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorneys' fees. 3.5. Payment Timing, Late Charge. Consultant shall invoice Client no more frequently than once per month for Services rendered. All invoices are due and payable upon receipt. Upon Consultant's approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. The invoice amounts shall be presumed to be correct unless Client notifies Consultant in writing. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount. Consultant reserves the right to apply payments to Client's outstanding invoices from oldest to most recent, regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Consultant reserves the right to require payment in full on any and all invoices on Client's account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports. All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant's release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant's right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. Client's failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a breach of this Agreement. If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice may be charged plus $1 per page of back-up data. 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1. Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant may perform its Services consistent with that level of care and skill ordinarily exercised by other professional Consultants practicing in the same locale and under similar circumstances at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service. 4.2. Level of Service. Consultant offers different levels of professional consulting services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Although risk associated with site acquisition or development can never be eliminated, more detailed and extensive investigations yield more information. It is for these reasons that Client must determine the level of Services adequate for its purposes. Client has reviewed the PROPOSAL and has determined that it does not need or want a greater level of Services than that specifically identified in the PROPOSAL. 4.3. No Warranty. Client recognizes the inherent risks connected with property transactions and site development, and understands when signing that those risks are not entirely eliminated through the services of Consultant. Client recognizes that opinions relating to geologic or environmental conditions, including those associated with air, soil and groundwater, are based on limited data and that actual surface and subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made. Client also recognizes that site conditions may change with time, conditions may vary from those encountered at the times when and locations where the data are obtained, despite the use of due professional care. Therefore, in signing this Agreement the Client understands that Consultant is not providing a warranty or assurance as to the surface and subsurface conditions throughout the site, or the performance of the project. Consultant's tests and observations of the Work by third parties not under contract to Consultant are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. This Agreement neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant. Gen 2022.1 Page 113 o f 274 l G22037WAP Contract age 2 of 7 Please initial Back to Agenda 5. CONSTRUCTION PHASE SERVICES 5.1. Construction Observation. If Consultant's PROPOSAL includes observation and/or testing during the course of construction, which may include or consist of site remediation activities, Consultant may: 5.1.1. Site Meetings & Visits. Consultant will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the PROPOSAL or, if not specified in the PROPOSAL, at intervals as Consultant deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, Consultant may inform Client of the progress of the geotechnical aspects of the Work. Client understands that Consultant may not be on site continuously; and, unless expressly agreed otherwise, Consultant will not observe all of the Work. Consultant will report any observed geotechnical related Work to the Client which, in Consultant's professional opinion, does not conform with plans and specifications. 5.1.2. Contractor's Performance. Consultant does not, and cannot, warrant or guarantee that all of the geotechnical related Work performed by Contractor meets the requirements of Consultant's recommendations or the plans and specifications for such Work; nor can Consultant be responsible for Contractor's failure to perform the Work in accordance with the plans, specifications or the recommendations of Consultant. No action of Consultant or Consultant's representative can be construed as altering any Agreement between the Client and others. Consultant has no right to reject or stop work of any agent of the Client. Such rights are reserved solely for the Client. 5.1.3. Contractor's Responsibilities. Consultant will not supervise, direct or have control over the Work nor will Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures selected by Contractor for the geotechnical aspects of the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor furnishing and performing its Work. Client understands and agrees that Contractor, not Consultant, has sole responsibility for the safety of persons and property at the Project Site, and that Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare. 5.1.4. Final Report. At the conclusion of Construction Phase Services, Consultant will provide Client with a written report summarizing the tests and observations, if any, made by Consultant. 5.2. Review of Contractor's Submittals. If included in the Scope of Services, Consultant will review and take appropriate action on the Contractor's submittals, such as shop drawings, product data, samples, and other required submittals. Consultant will review such submittals solely for general conformance with Consultant's design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety. 5.3. Tests. Tests performed by Consultant on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Consultant's tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. 5.4. Retention of Third Party Consultant. The review of plans and specifications, and the observation and testing of earthwork related construction activities by Consultant are integral elements of the Services where Consultant is to remain in the capacity of Geotechnical Engineer - Of -Record through construction of the project. Client shall have the right to retain a party other than Consultant (Third Party Consultant) for review of plans and specifications, and the observation and testing of earthwork related construction activities. In the event that a Third Party Consultant is retained by Client for those services, Client agrees that they will require the Third Party Consultant to contractually agree to the assumption of the role of Geotechnical Engineer -Of -Record for the project including all responsibilities and liabilities. Client further agrees to indemnify and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities") from and against any and all claims, suits, liabilities, damages, expenses (including reasonable attorney's fees and costs of defense), or other losses related to the geotechnical engineering aspects of the project. 6. CLIENT'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 6.1. Cooperation. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance under this Agreement. 6.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client's policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client's representative will be subject to change by written notice. 6.3. Rights of Entry. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s) and any improvement located thereon. However, Client recognizes that Consultant's operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated in the PROPOSAL. If client desires or requires Consultant to restore the site to its former condition, upon written request Consultant will perform such additional work as is necessary and Client agrees to pay to Consultant the cost thereof. 6.4. Relevant Information. Supply Consultant with all information and documents in Client's possession or knowledge which are relevant to Consultant's Services. Client warrants the accuracy of any information supplied by it to Consultant, and acknowledges that Consultant is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Consultant of any known potential or possible health or safety hazard existing on or near the Project Site, with particular reference to Hazardous Materials or conditions. 6.5. Subsurface Structures. If the Services require invasive subsurface exploratory work, Client will provide Consultant with all information in its possession regarding the location of underground utilities and structures or mark on the property, the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by Consultant to any such structure or utility not so designated. Consultant is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to Consultant. Client waives any claim against Consultant, and agrees to defend, indemnify and hold Consultant harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees, as a result of personal injury, death or property damage occurring with respect to Consultant's performance of its work and arising Gen 2022.1 Paae 114 oJ274 l G22037WAP Contract Rage 3 ot 7 Please initial Back to Agenda from subsurface or latent conditions or damage to subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof was not revealed to Consultant by Client. 6.6. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner's interest therein, and the identity and address of any construction lender. 7. CHANGED CONDITIONS If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Section 17, "Termination." 8. HAZARDOUS MATERIALS Client understands that Consultant's Services under this Agreement are limited to geotechnical engineering and that Consultant has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site, or encountered during the performance of this Agreement. Client warrants that a reasonable effort to inform Consultant of known or suspected hazardous materials on or near the project site has been made. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the discovery of unanticipated Hazardous Materials constitutes a changed condition under this Agreement mandating a renegotiation of the scope of services or termination of services. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, and regulatory bodies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site(s), or encountered during the performance of this Agreement. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client, Client agrees that it is the Client's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any and all claims, liabilities, damages or expenses, including but not limited to delay of the Project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may arise directly or indirectly as a result of the services provided by Consultant under this Agreement. 9. CERTIFICATIONS Client agrees not to require that Consultant execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Consultant believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Consultant believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Consultant has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Consultant is limited to an expression of professional opinion based upon the Services performed by Consultant, and does not constitute a warranty or guarantee, either express or implied. 10. ALLOCATION OF RISK 10.1. Limitation of Liability. The total cumulative liability of Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities"), to Client and its successors, all parties included as additional insured on Consultant's insurance policies and those parties granted report reliance rights by Consultant and all of their respective shareholders, directors, officers, employees and agents (collectively "Client Entities") arising from Services under this Agreement, including attorney's fees due under this Agreement, will not exceed the gross compensation received by Consultant under this Agreement or five thousand dollars ($5,000.001 whichever is greater; provided, however, that such liability is further limited as described below. This limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in Consultant's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Consultant's fee, provided that they amend this Agreement in writing as provided in Section 19. Consultant Entities and Client Entities also agree that the Client Entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join Consultant as a third -party defendant. 10.Z Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities") from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and costs of defense) or other losses (collectively "Losses") to the extent caused by the negligence of Client, its employees, agents and contractors. In addition, except to the extent caused by Consultant's negligence, Client waives any claim against Consultant, and to the maximum extent permitted by law, expressly agrees to defend, indemnify and hold harmless Consultant Entities from and against any and all Losses, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material. 10.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement. 10.4. Continuing Agreement. The provisions of this Section 10, "Allocation of Risk," will survive the expiration or termination of this Agreement. If Company provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 10 will apply to such Services as if the parties had executed an amendment. Gen 2022.1 Pe 115 o f 274 / G22037WAP Contract Rage 4 of 7 Please initial Back to Agenda 10.5. No Personal Liability. Client and Consultant intend that Consultant's Services will not subject Consultant's individual employees, officers or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant" on the first page of this Agreement. IL INSURANCE 11.1. Consultant's Insurance. Consultant carries Statutory Workers' Compensation and Employer's Liability Insurance; Commercial General Liability Insurance for bodily injury and property damage; Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles; and Professional Liability Insurance. Certificates of insurance can be furnished upon written request but may not be processed unless accompanied by a signed Agreement. Client agrees not to withhold payment to Consultant for Client's failure to make such a timely request and such requests may not be honored if made after final completion of authorized Services. Additional charges may apply for Waiver of Subrogation and Additional Insured Endorsements. Consultant assumes the risk of damage caused by Consultant's personnel to Consultant's supplies and equipment. 11.2. Contractor's Insurance. Client shall require that all Contractors and subcontractors for the Project name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies. If Client is not the Project owner, Client will require the Project owner to require the owner's Contractor to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and Employer's Liability insurance with limits no less than as set forth above, and to name Consultant and its subcontractors and subconsultants as additional insureds on the General Liability insurance. Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein. 12. OWNERSHIP AND USE OF DOCUMENTS 12.1. Client Documents. All documents provided by Client will remain the property of Client. Consultant will return all such documents to Client upon request, but may retain file copies of such documents. 12.2. Consultant's Documents. Unless otherwise agreed in writing, all documents and information prepared by Consultant or obtained by Consultant from any third party in connection with the performance of Services, including, but not limited to, Consultant's reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively "Documents") are instruments of professional service, not products, and are the property of Consultant. Consultant has the right, in its sole discretion, to dispose of or retain the Documents. Consultant reserves the right to copyright such documents; however, such copyright is not intended to limit the Client's use of the services provided under this Agreement other than as described below. 12.3. Use of Documents. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity without Consultant's prior written consent. 12.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project. 12.3.2. Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose. 12.4. Electronic Media. Consultant may agree at Client's request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by Consultant in electronic media are for informational purposes only and not as final documentation; the paper original issued by Consultant will remain the final documentation of the Services. 12.5. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Consultant's express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Consultant's express prior written consent. Client waives any and all claims against Consultant resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant's prior written consent. 13. SAMPLES AND CUTTINGS 13.1. Sample Retention. If Consultant provides laboratory testing or analytic Services, Consultant will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 30 days after issuance of any Documents that include the data obtained from these samples. All samples shall remain the property of the Client and in the absence of evidence of contamination Consultant shall dispose of samples for the Client. All samples will be disposed of or destroyed after the thirty (30) day period unless Consultant is otherwise advised. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances. Upon request, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge. 13.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during an investigation by Consultant, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client's expense. 13.3. Cuttings. All cuttings, drilling fluid and wash water shall remain the property of the Client, and Client shall be responsible for and promptly pay for the removal and lawful disposal of cuttings, drilling fluids, wash water and hazardous materials, unless otherwise agreed in writing. 14. RELATIONSHIP OF THE PARTIES Consultant will perform Services under this Agreement as an independent contractor. 15. ASSIGNMENT AND SUBCONTRACTS During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of others without obtaining Client's consent if Consultant deems it necessary or desirable for others to perform certain Services. 16. SUSPENSION AND DELAYS 16.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Consultant. Consultant may terminate this Agreement if Client suspends Consultant's Services for more than 60 days and Client will pay Consultant as set forth under Section 17, "Termination." If Client suspends Consultant's Services, or if Client or others delay Consultant's Services, Client and Consultant agree to equitably adjust: (1) the time for completion of the Services; and (2) Consultant's compensation in accordance with Consultant's Gen 2022.1 Paae 11g q� 74 Z G22037WAP Contract age o Please initial Back to Agenda then current Fee Schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit during the delay or suspension, or charges incurred by Consultant for demobilization and subsequent remobilization. 16.2. Liability. Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant's control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, "acts of God," adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market. 17. TERMINATION 17.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party. 17.Z Termination for Cause. In the event of material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non -breaching parry's written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period. 17.3. Payment on Termination. Following termination other than for Consultant's material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant's then current Fee Schedule. 18. DISPUTES 18.1. Mediation. All disputes between Consultant and Client, except those involving Client's failure to pay undisputed invoices as provided herein, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association. 18.Z Precondition to Other Action. No action or suit, except those involving Client's failure to pay undisputed invoices as provided herein, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the arbitration shall be conducted in Kitsap County, Washington. The arbitrator shall be appointed within 60 days of the arbitrators' receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney's fees related to the arbitration. 18.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of Washington. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Kitsap County, Washington. Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses. 18.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 19. MISCELLANEOUS 19.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 19.Z Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 19.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail with return receipt -(postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 19.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 19.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. 19.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience. 19.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant's services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered. Further, if Client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered. 19.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding Consultant's Services. 19.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein. 20. HAZARDOUS MATERIALS RISKS Client recognizes that, while necessary for subsurface investigations, commonly used exploration methods, such as drilling borings, pushing probes or excavating trenches, involve an inherent risk. These exploration methods may penetrate through an aquifer of contaminated fluid and Gen 2022.1 Page 117 o f 274 G22037WAP Contract age 6 of 7 Please initial Back to Agenda, serve as a connecting passageway between the contaminated aquifer and an uncontaminated aquifer or groundwater, inducing cross -contamination. While backfilling with grout or by other means, according to the state of practice, is intended to provide a seal against such passageway, it is recognized that such a seal may be imperfect and there is an inherent risk of cross -contamination when drilling borings, pushing probes excavating trenches or implementing other methods of exploration in connection with a contaminated site. Client recognizes that the state of practice, particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform in reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently change because of improvements in the state of practice. Client recognizes that Consultant's failure to detect the presence of hazardous materials at a site, even though hazardous materials may be assumed or expected to exist through the use of appropriate and mutually agreed upon sampling techniques, does not guarantee that hazardous materials do not exist at the site. Similarly, Client recognizes that Consultant's subsurface explorations may not encounter hazardous materials at a site, which may later be affected by hazardous materials due to natural phenomena or human intervention. Client recognizes that the state of practice, particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform in reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently change because of improvements in the state of practice. Client agrees to waive any claim against Consultant and agrees to defend, indemnify, and hold Consultant harmless from claims or liability for injury or loss arising from Consultant's failure to detect the presence of hazardous materials through techniques commonly employed for the purpose. All laboratory and field equipment contaminated in performing Consultant's services will be cleaned at Client's expense. Contaminated consumables will be disposed of and replaced at Client's expense. Equipment (including tools) which cannot be reasonably decontaminated shall become the property and responsibility of Client. All such equipment shall be delivered to Client or disposed of in a manner similar to that indicated for hazardous samples. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated. 21. ENTIRE AGREEMENT This Agreement between the parties consists of these Terms and Conditions, the PROPOSAL by the Consultant, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The terms of this Agreement will prevail over any different or additional terms in Client's purchase order or other forms provided by Client to Consultant as part of the authorization process unless agreed in writing by Consultant. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. Consultant's acceptance of this Agreement is pending credit review and a retainer fee may be required. Client: ART ANDERSON ASSOCIATES Consultant: KRAZAN & ASSOCIATES, INC. Signature Date Signature Date Name (Please Print) Title Name (Please Print) Title Geo 2022.1 Page 11 g o f 274 G22037WAP Contract age 7 of 7 Please initial Backto Agenda DRAFT EXHIBIT A 441912*81SLY181L 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 Art Anderson wAvmsmli Melcher & 390 Zone Booster Pump Stations May 2022 1 Backto Agenda DRAFT 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 Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 120 of 274 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 Backto Agenda DRAFT 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. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 121 of 274 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 Backto Agenda DRAFT 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. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 122 of 274 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 Backto Agenda DRAFT 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. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 123 of 274 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 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8F Subject: Adoption of a Resolution Approving an Agreement with Kitsap Transit for the Guaranteed Ride Home ProF-ram Meeting Date: June 14, 2022 Prepared by: Elizabeth Spalding Atty Routing No. Atty Review Date HR Specialist N/A N/A Summary: The City of Port Orchard participates in Commute Trip Reduction which encourages employees to use transportation to and from work other than single occupancy vehicles (such as walking, bicycling, car/vanpooling, and taking the bus/ferry). To promote participation, the City is enrolled in Kitsap Transit's Guaranteed Ride Home Program, which provides an immediate ride home to aforementioned commuters in case of an emergency. Kitsap Transit has provided an update to the previous Guaranteed Ride Home Program Agreement from 2013. The attached agreement would continue the City's participation in the program. The Guaranteed Ride Home program is paid for by Kitsap Transit. The City of Port Orchard is responsible for payment of $20 in the event that the employee is a "no show" for an arranged guaranteed ride home. Recommendation: Staff recommends the Council authorize the Mayor to sign the Agreement with Kitsap Transit regarding the Guaranteed Ride Home Program. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, authorizing the Mayor to execute an Agreement with Kitsap Transit for the Guaranteed Ride Home Program. Fiscal Impact: Negligible to none. Alternatives: Do not approve Agreement and provide alternative guidance. Attachments: Resolution and Agreement with Kitsap Transit. Page 124 of 274 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KITSAP TRANSIT FOR THE GUARANTEED RIDE HOME PROGRAM. WHEREAS, the City of Port Orchard voluntarily participates in the State Commute Trip Reduction Program to encourage employees to utilize means other than single -occupancy vehicles to commute to work; and WHEREAS, a guaranteed ride home through Kitsap Transit in case of an emergency is currently offered for registered "smart commuters" who commute by walking, bicycling, car/vanpooling, or taking the bus/ferry; and WHEREAS, Kitsap Transit has provided an update to the Agreement between City of Port Orchard and Kitsap Transit regarding the Guaranteed Ride Home Program; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute an Agreement with Kitsap Transit substantially in the form attached hereto as Exhibit A for the Guaranteed Ride Home Program. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 14t" day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 125 of 274 Back to Agenda AGREEMENT TO SUBSCRIBE TO KITSAP TRANSIT'S GUARANTEED RIDE HOME PROGRAM THIS AGREEMENT is made and entered into this 14th day of June 2022 by and between KITSAP TRANSIT, a Washington municipal corporation, (hereinafter referred to as "TRANSIT"), and CITY OF PORT ORCHARD, (hereinafter referred to as "THE EMPLOYER"), hereinafter jointly referred to as the "PARTIES". RECITALS A. TRANSIT is responsible for the administration of the Commute Trip Reduction Laws in Kitsap County. These laws aim to decrease air pollution and traffic congestion by reducing the number of commute trips made by single -occupant vehicles; and B. Commute Trip Reduction surveys have shown that a substantial number of employees working in Kitsap County would use alternative transportation if they were guaranteed an immediate ride home in case of an emergency; and C To encourage all employees in Kitsap County to use alternative transportation, such as, walking, bicycling, car/vanpooling, taking the bus, or ferry (as a walk-on only passenger) to work, TRANSIT developed a Guaranteed Ride Home (GRH) Program; and D. Under the above GRH Program, TRANSIT shall arrange and pay the authorized fare for local service providers to provide an immediate ride home in case of an emergency to all eligible employees; and E. THE EMPLOYER hereby desires to participate in TRANSIT'S GRH Program. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, TRANSIT and THE EMPLOYER agree as follows: 1. RECITALS The recitals set forth above, constituting the basis of this AGREEMENT of the PARTIES, are incorporated herein by reference, as fully set forth. 2. SCOPE OF AGREEMENT The purpose of this AGREEMENT is to define the responsibilities of the PARTIES under TRANSIT'S Guaranteed Ride Home Program, hereinafter referred to as the "PROGRAM". 3. TERM The term of this AGREEMENT shall be for two (2) years from the date entered above. 4. TERMINATION Either PARTY may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least sixty (60) days prior to such date. Rev. 5/23/22 Page 126 of 274 Back to Agenda 5. EXTENSION Unless written notice of termination is delivered by either PARTY hereto sixty (60) days prior to the date of termination, this AGREEMENT shall extend on an annual basis thereafter until terminated by either PARTY hereto upon sixty (60) days prior written notice delivered to either PARTY hereto. 6. TRANSIT'S RESPONSIBILITIES TRANSIT shall: A. Arrange for a transportation service provider prior to the effective date of this AGREEMENT. Any transportation service provider under the PROGRAM shall be capable of providing accessible vehicles to the standards of the Americans with Disabilities Act; B. Inform THE EMPLOYER'S Employee Transportation Coordinator (ETC) of the transportation service providers participating in the PROGRAM prior to the effective date of this AGREEMENT; C. Provide THE EMPLOYER with materials to inform and instruct its employees on how to use the PROGRAM, its benefits, and how it is to be administered; D. Provide THE EMPLOYER'S ETC's with written guidelines on how to arrange service for eligible employees and how to determine whether or not an employee or trip is eligible for service; and E. Pay service providers for all authorized GRH rides, excluding cost of "no-shows" and gratuity. 7. THE EMPLOYER'S RESPONSIBILITIES THE EMPLOYER shall: A Provide TRANSIT with a list of all eligible employees; B. Designate an on -site Employee Transportation Coordinator (ETC). This designation should include provisions for an alternate contact if the ETC is unavailable, a contact should be available for all applicable shifts the EMPLOYER offers. THE EMPLOYER must provide TRANSIT with written information designating the ETC and alternate contact(s) prior to the effective date of this AGREEMENT; C. Train the ETC in how to administer the PROGRAM and how to confirm the eligibility of employees and trips; D. Instruct the ETC in how to access service through a designated transportation service provider; and 2 Rev. 5/23/22 Page 127 of 274 Back to Agenda E. Pay TRANSIT a flat rate of twenty dollars ($20.00) for the cost of each employee no-show. A no-show occurs when THE EMPLOYER'S ETC calls a taxi for a Guaranteed Ride Home trip for an employee and the employee fails to meet the taxi at the agreed place and time. 8. ELIGIBLE EMPLOYEES To receive a ride under the Guaranteed Ride Home Program, an employee must be eligible. To be eligible, an employee must first be registered with Kitsap Transit as a "Smart Commuter". A Smart Commuter is an employee that commutes to work using alternative transportation, other than a single -occupant vehicle, at least three (3) days per week. 9. ELIGIBLE TRIPS An eligible employee may receive a PROGRAM ride from the work site to the employee's home, or other destination if approved by the ETC, under any of the following conditions: A. The employee or a member of the employee's family becomes unexpectantly ill and the employee needs to go home. The PROGRAM shall not take the place of THE EMPLOYER'S legal responsibilities to arrange transportation in cases of work - related employee injury or illness. B. The employee unexpectedly works late at the request of a supervisor. Unexpectedly means that the employee was not expecting to work late on the day of the request. C. The employee missed connections with his/her planned ride home due to an unexpected change in the schedule of others. D. Any other emergency situations where an eligible employee needs to use the Guaranteed Ride Home Program and the ETC deems the trip to be an appropriate use of the Program. 10. TRIP LIMITS TRANSIT shall pay for any authorized Guaranteed Ride Home trip that originates from THE EMPLOYER'S worksite in Kitsap County, to any destination within Jefferson, Kitsap, Mason, Pierce, or Thurston County (excludes King County). If the trip uses the Washington State Ferries, the employee will be dropped at the ferry terminal and the employee shall be responsible for the cost of the ferry trip. Each Eligible Employee should not exceed eight (8) GRH rides per twelve (12) month period. There is a 60-mile trip limitation one way (employee will pay the remainder of the fare beyond 60 miles). TRANSIT shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of the Eligible Employee taking the GRH ride. 11. SERVICE PROVIDER The PARTIES understand and agree that TRANSIT is not responsible for providing transportation services under the PROGRAM. The provision of transportation service and its Rev. 5/23/22 Page 128 of 274 Back to Agenda 12 quality and reliability shall be the sole responsibility of the service provider and TRANSIT shall not be liable for any claims of injury or damages related to an individual's need for, or use of, the service. ABUSE OF PROGRAM TRANSIT reserves the right to terminate this contract due to persistent abuse of the rules of the PROGRAM and/or policies by either THE EMPLOYER or its EMPLOYEES. 13. CHANGES Either PARTY may request changes to this AGREEMENT; however, no change or addition to this AGREEMENT shall be valid or binding upon either PARTY unless such change or addition be in writing and signed by both PARTIES. Such amendments shall be attached to and made a part of this AGREEMENT. 14. ENTIRE CONTRACT The PARTIES agree that this AGREEMENT is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this AGREEMENT shall be in writing and signed by both PARTIES. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Forgiveness of the non-performance of any provision of this AGREEMENT does not constitute a waiver of the provisions of this AGREEMENT. In WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed as of the date first written above. EMPLOYER: City of Port Orchard Kitsap Transit By: By: NAME: Robert Putaansuu TrrLE: Mayor John W. Clauson Executive Director 4 Rev. 5/23/22 Page 129 of 274 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8G Agenda Staff Report Subject: Approval of Road Closures for a Special Event: The Cruz Backto Agenda Meeting Date Prepared by Atty Routing No: Atty Review Date June 14, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: City staff received a Special Event application for The Cruz scheduled for Sunday, August 14, 2022. The application state's the following: EVENT: The Cruz TYPE: Car Show DATES: Sunday, August 14, 2022 TIME: Setup starts Sunday, August 14, 2022, 6:00 a.m., open to public at 10:00 a.m. until 4:00 p.m. with teardown completed by 6:00 p.m. LOCATION: Downtown Port Orchard; Bay Street/SR166 from Kitsap Street to Orchard Street and waterfront and gazebo parking lots (City Lot Nos. 2, 3, and 4) CLOSURE(S): Road closures on Bay Street/SR166 from Kitsap Street to Orchard Street, Port Street, Frederick Avenue, and parking lots between 700 Block of Sidney Parkway in front of the Port of Bremerton Marina Office to the Gazebo Area parking lot (behind Peninsula Feed) The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no concerns regarding this event taking place. Staff and outside agencies have reviewed the application and are working towards ensuring safety measures are in place. Pursuant to Port Orchard Municipal Code 5.94.050(4)—recently amended by Council --staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application, upon the event meets the required necessary public safety and traffic control provisions. Page 130 of 274 Backto Agenda Business Item 8G Page 2 of 2 Motion for consideration: I move to approve the road closures for The Cruz scheduled for Sunday, August 14, 2022, as presented. Fiscal Impact: None. Alternatives: Deny the road closures and provide direction to staff. Attachments: Application, including maps and traffic flow maps. Page 131 of 274 Back to Agenda SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 ADDITIONAL EKPEDFTED FEE (LESS THAN 90 BUTNlORE THAN 30 DAYS BEFORE EVENT): $50.00 Event Overview Name of event: ."?— Location of event: . bh Type of Event: ❑ Festival o Walk/Itun ❑ Parade ❑ Vendor Fair o Block Party o Other:C C4 <Inp w Event or Organization Website: Description of event: Admission Fees: Does your event require a paid fee for participants and/or spectators? Yes ONO R '` C -P Does your event require minimum or suggested donation for nd/or spectators?Yes M o Admission/participation fee/ suggest donations amount(s): , � �L 'C �� Event Details Set Up starts: Take Down Complete: Start Day: Start Date: o Q ® Start Time: 4 �Da End Date: End Ti e: -1. Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Participants Spectators volunteers/staff Day: Date: Date: Start Time: End Time: Day: Start Time: End Time: End Time: Day: Date: Start Time: Additional details: (attach additional pages as needed for additional days or details) City of Port Orchard I Special Event Application Revised 12/31/2021 Page 3 of 10 Page 132 of 274 Back to Agenda Organization Information* Name of Organization: Do you have an active City Business License? Yes ONo What is your UBI number? Point of Contact Name: I �1 Street Address: � %4 -S r � � �,, 9-1UJ Mailing Address: (if different from street address) City: O l 6 `-- 1 - Y� State: \K 2ip' City. State: Zip: Phone: Alternate Phone: I Email: "Please note the organization information provided may be shared for inquires made on event details Alcohol The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City s Special Event Permit. Visit the WSLCB website, hgps:/jicb.wa.aoyl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? []Yes*o *if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the Kitsop Public Health District as they may require a temporaryfood establishment permit. Visit their website at h rrps:(/kitsaopubiiclaealtii.ora/FoodSofefW and vendors ph or call (360) 728-2235 for information, Will your event have any food service and/or sales? SLYes []No If yes, how many: Will your event have professional catering? Will your event have food trucks? ❑Yes -�S(lo If yes, how many: �es El No If yes, how many:._ Will your event have food booths or food vendors?'-syes Restrooms ❑No If yes, how many: Prove the number of restrooms that will be available to the public for your event: -k9 Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50%female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard I Special Event Application Revised 1213112021 Page 4 of 10 Page 133 of 274 Backto Agenda Garbage and Recycling 'U11CLUU11.7LdL1unD: nuw many oms are you proviamg as collernon containers at your event? Recycle Garbage__L_5 Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self -Haul: Yes []No List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: Amplified Sound Does your event have any amplified sound? Yes ❑ No Indicate dates/time of any amplified sound below: Day: K \3" 1n �� Date: Start Time: End Time:. `-1 Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Describe what equipment will be used for amplified sound, and at what locations (show in maps): C GvTr C" ce� 'p- A De$ �(ibe schematics and direction of amplified sound (show in maps, attach supporting documents as needed VA t `r +' `� (� S �s �.., h 'Z1 w ID �t- sf c o M 5 L'-' S S 0 6 S �r 41 i1 1 �rF CG... C 0,4C K'\ h c� qC kjN Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Part Orchard Police Department (3617) 876-1700. Tents Does your event include a tent or membrane structure? ❑ Yes No ❑ Not Applicable If yes, what is the tent size: Does the tent have sides? ❑ Yes ❑ No ❑ Not applicable May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application Revised 1213I12021 Page 5 of 10 Page 134 of 274 Back to Agenda Use of City Right -of -Way and Parking impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? Yes ❑ No For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city. WSDOr's online opplirati❑n is located at: https:Jlww_w.ws_d_o_t.wa.govlcontactjevents/speciial_events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? ❑ Yes ❑ No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): ❑ City Parks: O Van Zee Park 0 Paul Powers Park Parking Lots: ® Lot 1: between Orchard and Frederick streets on the north side of Bay Street *Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. ❑ Sidewalks: O McCormick Village Park 0 Central Park ® Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park 0 Etta Turner Park 0 Givens Park 0 Lot 5: all parking on City Hall property in front of the Police department 0 Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection 0 Rockwell Park Lot 7: all parking spaced located on the library property which is limited to library staff only 0 Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. ❑ Street(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: City of Port Orchard I Special Event Application Revised 1213112021 Page 6 of 10 Page 135 of 274 Back to Agenda Street Closure Details: Street Name: Between And Start Date: Start Time: End Date: End Time: /. (cross street): (cross street): ,^ 1 I s�dYq 06o _ I Additional details: (attach additional pages as needed for more streets and/or more details about use.) (1 JKo1P`� 1 C3ei^e{� C7 (-<) '� 1 1 I f Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)?'*"R Yes ❑ No ❑ Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? u3 -e V% � Q Ti a'-T � �� �:, S : err► .z �,, S J s� s �r sg. i. 'J �. w', l w b _ C�. i�. e en YN far Event Signage Are you planning to put up temporary signs? ❑Yes ❑No POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors? yes ❑No If so, will they be sellin is and/ o f Nes ❑No If so, how many anticipated exhibitors/vendors will be at your event? POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event license (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 1213112021 Page 7 of 10 Page 136 of 274 sponsorof the master event shall provide o list of participating vendors, theirbusiness names, tli Back to Agenda Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs maybe placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer, and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is required to be submitted which includes the following: Vendors: Yes ❑ No ❑ Not applicable Beer Garden: ❑ Yes I&No ❑ Not applicable Signage: ❑ Yes ❑ No ❑ Not applicable Tents: ❑Yes 'Sk No ❑ Not applicable Public entrances and exits: Yes ❑ No ❑ Not applicable Road closures and detours: Yes ❑ No ❑ Not applicable Traffic patterns: --Is Yes ❑ No ❑ Not applicable S' Q -yyN cN Fire Lanes: Yes ❑ No ❑ Not applicable Garbage/Recycling: ",& Yes ❑ No ❑ Not applicable Barricades: Yes ❑ No ❑ Not applicable First Aid: Yes ❑ No ❑ Not applicable Parking: ElYes ❑ No Not applicable Restrooms: l Yes ❑ No ❑ Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No Not applicable City of Port Orchard I Special Event Application Revised 1213112021 Page 8 of 10 Page 137 of 274 Back to Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,01XIAW Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational,com . Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City, The information on this form is considered o public record and is subject to public disclosure laws in Chapter 42.56 RCW. 1, as the President or Chair of my organization, agree to the terms and conditions listed above. of Comments received by: Date final review sent: of Print Name FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: Date Date $50 Expedited Fee Received (if applicable): ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Amount: Date fee paid: City of Port Orchard I Special Event Application Revised 1213112021 Page 9 of 10 Page 138 of 274 I w- J— Backto Agenda s. a rchard Marina Sind 1-r-Inlet rye I JZ Y rrrrmiT]Tl'il NI Iz. Ll b ra ry t Ilp fu eninsub 99d .0v 0 UJGY rOL i Ail, Ile kry CA O%uj ex 00air, �Q VY) Page 139 of 274 —zM'IL _Q 2- VYVI-" E>Jev-A R>" ckyv-y\&\-A -vo nt R 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 8H Subject: Approval of Road Closures for a Special Event: Fathoms 0' Fun Festival by the Bay Backto Agenda Meeting Date: June 14, 2022 Prepared by: Brandy Wallace, MMC Atty Routing No: Atty Review Date City Clerk N/A N/A Summary: City staff received two Special Event applications for Fathoms 0' Fun Festival by the Bay scheduled for Sunday, August 14, 2022. The application state's the following: EVENT: Fathoms 0' Fun Festival by the Bay TYPE: Craft and Food Vendors DATE: Sunday, August 14, 2022 TIME: Setup starts Sunday, August 14, 2022, at 6:00 a.m., open to public at 9:00 a.m. until 4:00 p.m. with teardown completed by 6:00 p.m. LOCATION: Downtown Port Orchard; Bay Street/SR166 CLOSURE(S): Road closures on Bay Street/SR166 from Orchard Street to Harrison Avenue The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no concerns regarding this event taking place. Staff and outside agencies have reviewed the application and are working towards ensuring safety measures are in place. Pursuant to Port Orchard Municipal Code 5.94.050(4)—recently amended by Council --staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application, upon the event meets the required necessary public safety and traffic control provisions. Motion for consideration: I move to approve the road closures for the Fathoms 0' Fun Festival by the Bay scheduled for Sunday, August 14, 2022, as presented. Fiscal Impact: None. Page 140 of 274 Backto Agenda Business Item 8H Page 2 of 2 Alternatives: Deny the road closures and provide direction to staff. Attachments: Application including maps and traffic flow maps. Page 141 of 274 Backto Agenda ORCHARD . SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00 Event Overview Name of event: Festival by the Bay Location of event: Bay Street Type of Event: festival alk/Run Parade ✓ ✓endor Fai L1 Block Party dler: Battle of the Bands V/ r Event or Organization Website: Fathoms O' Fun Festival, Inc www.fathomsofun.org Description of event: This event is in conjunction with the Saints Car Club Cruz. The Festival by the Bay Vendor and Craft Show is down Bay Street. We will have the dunk tank, our Festival Float will be on display, and we will also have the 3rd Annual Battle of the Bands. Admission Fees: Does your event require a paid fee for participants and/or spectators? nYesnNo I Does your event require minimum or suggested donation for participants and/or spectators? Admission/participation fee/ suggest donations amount(s): Only vendors pay a fee. Event Details Set Up Starts: Take Down Complete: Start Day: Sunday Start Date: 8/14/22 Start Time: 6am End Day: Sunday End Date: 18/14/22 End Time: 16PM Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Participants Spectators volunteers/staff Day: Sunday Date: 8/14 Start Time: 9am End Time: 4pm ^ ` 5 Day: Date: Start Time: End Time: Day: Date: StartTime: End Time: Additional details: (attach additional pages as needed for additional days or details) City of Port Orchard I Special Event Application Revised 1213112021 Page 142 of 274 Page 3 of 10 Back to Agenda Organization Information* Name of Organization: Fathoms O' Fun Festival, Inc. Do you have an active City Business License? J es ❑No What is your UBI number?601 299 098 Point of Contact Name: Street Address: Mailing Address: (if different from street address) PO Box 312 City: State: Wq Zip: 98366 City: Port Orchard State: Zip: Phone: Alternate Phone: Email: kingcreations@wavecable.com *Please note the organization information provided may be shared for inquires made on event details Alcohol The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, littp.s://Icb.wa.govl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? Des* [7No *if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the Kitsap Public Health District as they may require a temporaryfood establishment permit. Visit their website at httos://kitsop bikhealth.ora/FoodSg fetylfvod vendors.Php or call (360) 728-2235 for information. Will your event have any food service and/or sales?w1 es Do If yes, how many: Will your event have professional catering? Elves WIVo If yes, how many: Will your event have food trucks? Z]Yes Do If yes, how many: Will your event have food booths or food vendors? Z6s Do If yes, how many: Restrooms Prove the number of restrooms that will be available to the public for your event: 45+ 4 3 see attached Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard I Special Event Application Revised 1213112021 Page 143 of 274 Page 4 of 10 Back to Agenda Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle Garbage Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-Haulf ✓ kes I ho List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood. - We will supply a dumpster and have it placed at the PO Library. Amplified Sound Does your event have any amplified sound? Yes ❑No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: Suday 8/14/22 11 am 2:45pm Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.) We will have 3 bands playing in a round-robin fashion. They will be located on Bay Street closest to Harrison Street. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Typical band equipment Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed The bands are set up as follows: 1 band is facing west on Bay Street (middle of Bay), 1 band is in front of Bay Street Bistro facing north, 1 band is in front of the Polaris Theatre and facing north Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? ❑Yes [—]NZot Applicable If yes, what is the tent size: vendors will have pop ups_ Does the tent have sides0 eCNc7]Not applicable May be required to obtain a permit per POMC20.204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application Revised 1213112021 Page 144 of 274 Page 5 of 10 Backto Agenda Use of City Right -of -Way and Parking Impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? apes DO For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city. WSDOT's online application is located at: https://www.wsdot.wa-gov/contact/events/special-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? Yes allo If yes, indicate what type of public property is requested to be closed and the location (select all that apply): 11 City Parks: [Jan Zee Park Daul Powers Park Parking Lots: ❑Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. Sidewalks: ❑McCormick Village Park ❑Central Park Dot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park 1-1 Etta Turner Park ❑Givens Park Lot 5: all parking on City Hall property in front of the Police department ❑Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection Rockwell Park aoof 7: all parking spaced cated on the library property which is limited to library staff only ❑Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. aStreet(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: Have not decided on the TC plan yet as of this date; still receiving estimates Page 145 of 274 City of Port Orchard I Special Event Application Revised 1213112021 Page 6 of 10 Back to Agenda Street Closure Details: Street Name: Between (cross street): And (cross street): Start Date: Start Time: End Date: End Time: Additional details: (attach additional pages as needed for more streets and/or more details about use.) See map provided by the City from the 2021 event, attached. Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? Yes ❑ No Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? Vendor participants park on Frederick Street hill; band vehicles park on Bay St. Event Signage Are you planning to put up temporary signsoes F-1No POMC20.132.290 `Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors?Wles[:]N❑ If so, will they be selling merchandise and/ or food?W]Yes DO If so, how many anticipated exhibitors/vendors will be at your event? 45+ POMC 5.96, if your event has two or more vendors engaged In public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 1213112021 Page 7 of 10 Page 146 of 274 Backto Agenda sponsor of the master event shall provide a list of participating vendors, their business name, .,,.„ u.ru,ca,ar.a u„u .,,c„ State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is required to be submitted which includes the following: Vendors: 7Yes 11 No 1-1 Not applicable Beer Garden: ❑lies 17No Dot applicable Signage: takes ❑No lot applicable Tents: Zkes ❑No []Not applicable Public entrances and exits: 7Yes ❑No Dot applicable Road closures and detours: WlYes []No ❑Not applicable Traffic patterns: ZlYes []NO Dot applicable Fire Lanes: WlYes ❑No Dot applicable Garbage/Recycling: W]1les F]No Not applicable Barricades: ZlYes F-1No F]Not applicable First Aid: nlles IzNo Not applicable Parking: 11Yes �No Not applicable Restrooms: ZlYes []No Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑Yes ❑No 7Not applicable City of Port Orchard I Special Event Application Revised 1213112021 Page 8 of 10 Page 147 of 274 Backto Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at event! nsure.hubinternationaLcom . Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Digitally signed by Sharron E King Sharron E King Date: 2022.03.10 16:05:35-08'00' Signature of President/Chair of Organization Print Name Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: Date Date $50 Expedited Fee Received (if applicable): ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Amount: Date fee paid: City of Port Orchard I Special Event Application Revised 1213112021 Page 9 of 10 Page 148 of 274 Backto Agenda ORCHARD Special Event Permit Application Checklist Please use this list to ensure you have included all supporting documentation with your special event application. Of your event coincides with another organizations event in the same location, please provide written approval from the event organizer that indicates their approval of your event. Reviewed Special Event Tool Kit ❑Written approval from property owner if location is on non -City owned property (if applicable) (Page 2) Special Event Fee (Check, Cash, Credit Card) (Page 3) Health Permits (if applicable) (Page 4) 111pecia I Liquor License (if applicable) (Page 4) Contact Department of Community Development for tent permit (if applicable) (Page 5) W7if there are road closures, have you attached a traffic control plan (Page 6) Zl pon event approval, use of State Highway Letter of Acknowledgment or an Agreement that is received from the Department of Transportation if State Highway is requested to be closed (Page 6) Master Multi -Vendor Event License fee (if applicable) (Page 7) lJontact Department of Community Development for sign permit (if applicable) (Page 7) Completed site map (Page 8) Z�pecial Event Application/Release is completed and signed by the President or Chair of organization (Page 9) Insurance Certificate, with endorsement, provided at least 30 days prior to event date (Page 9) Tips or a successful event ❖ Contact the local media (Kitsap Sun, Port Orchard Independent, etc.). •'• Post information on your social media site. ❖ Contact the Port Orchard Chamber of Commerce. ❖ Attend a City Council meeting to speak during citizen comments letting council and public know of your event. City of Port Orchard I Special Event Application Revised 1213112021 Page 10 of 10 Page 149 of 274 Back to Agenda LEGEND: Detour Route r V Event Volunteer Type III Banicede Handicap SaniCan Q 50 Gallon Trash Can Cruz Event Areas SR 166 Closure Ama2- Shuttle Location • ■ . ► Shuttle Route AFea3 � ®®®® QQ ® ® .. _ _ _--.--�. �a a�i � Wash Station a i ' ® To PARMORY ® Baml(:an - / 1 ` !' ��' �t ® ® v.P,rtn,e•r Fathoms Dunk Tank • W ® Q 1 Area ,,, � Fathoms Float HMO mod' FOF Information Booth .w BOB FOF Battle of the Bands �V �•- ♦T t� •rr rrrsruarrr•rnn K +rarrrrrrsaaasr..rJleFar: Dekn.b 5t - 72Wb St Dwahe S! TO Kr-. FROM KC. COlR2THOU5E- COURTHOUSE - a I)Mgh! $t y( (Mi ah!St 2 F CSL Event Map. Drawn By Chritian Williams,PEJuly CHAR j 13, 2021 �� -� Cruz Car Show and Festival by the Bay Scale: NTS Page 150 of 274 Back to Agenda RESTROOMS FOR FESTIVAL BY THE BAY Fathoms will place a sani-can in the alleyway between the Polaris Theatre and the Bay Street Bistro for the Battle of the Bands area. Fathoms will place a sani-can and wash station nearest the food vendors. As with last year, the Saints put the San! -Cans on the waterfront side as well as the use of the Port of Bremerton restrooms, and the City restroom near Kitsap Bank. If additional sani-cans are required, we need to reviewand discuss. Page 151 of 274 Backto Agenda Fathoms O' Fun Festival Presents FESTIVAL BY THE BAY at THE CRUZ! Dear Downtown Port Orchard Merchant & Resident. - Our hope is to bring many people downtown to the Festival to visit, and to see what our Port Orchard downtown has to offer as a shopping, dining, and sightseeing destination. We expect a large amount of vendors on Bay Street and will do our best to see that the day is a huge success for them and you! Vendors will begin setting up at 6 am, and Bay Street will be closed to vehicle traffic from 6 am through approximately 5 pm. Here is information that will be furnished to the press: Fathoms O' Fun's FESTIVAL BY THE BAY at THE SAINTS CAR CLUB CRUZ Sunday, August 14, 2022 ,.► 9 am — 4 pm in Downtown Port Orchard Vendor set up will begin at 6 am Food, Crafts, Sales, Art, Informational Booth, Royalty Dunk Tank AND Cars, cars, cars and more cars! We are bringing back the 2nd Annual "BATTLE OF THE BANDS" 11 am — 2:45 pm on Bay Street - Vote for your favorite band! Our local Fathoms O' Fun Festival float will be on display, which is the centerpiece of our traveling ambassador group for Port Orchard and South Kitsap. The Cruz is produced annually by The Saints Car Club — with up to 15,000 visitors. Fathoms O' Fun Festival has been on Bay Street since 2003 with the "Festival By the Bay" Together, the Saints Car Club Cruz and the Fathoms promise one very exciting summer event! Vendor Show Information: Bob Morehouse (360) 620-3363 Email bobefathomsofun.org www.fathomsofun.org Page 152 of 274 Back to Agenda CR.'NAr I ril 'Vi.+ _ .EENi iuVfX 4jrJOW Craimil Cam Ch_cz Board Member VEHICLE PASS Page 153 of 274 Back to Agenda Page 154 of 274 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 81 Subject: Approval of a Special Event Time Submittal Waiver: Kitsap County Cornhole Classic Backto Agenda Meeting Date: June 14, 2022 Prepared by: Brandy Wallace, MMC Atty Routing No: Atty Review Date N/A N/A Clerk Summary: City staff received a Special Event application for Kitsap County Cornhole Classic event scheduled for Sunday, August 7, 2022. The application states the following: EVENT: Kitsap County Cornhole Classic TYPE: Sport Event DATE: Sunday, August 7, 2022 TIME: Open to public at 9:00 a.m. until 6:00 p.m.; with setup starting at 7:00 a.m. and teardown completed by 7:00 p.m. LOCATION: Downtown Port Orchard CLOSURE(S): City owned Parking Lot #4 (behind Peninsula Feed) In last year's code revision, the expedited process for applications were removed and despite staff's effort to communicate this change to historical event organizers this event organizer was unaware of the change. Since there are no provisions to allow "grandfathered" event holders an exemption of time requirements, the applicant is asking Council to modify the permit requirement by waiving the time restriction of submitting an application 90 calendar days before the date of the special event to take place, as outlined in POMC 5.94.030 (3). Due to the timing of adoption of this new deadline, there are no other events that staff is aware of that a waiver would impact. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application. Motion for consideration: I move to waive the submittal requirement outlined in POMC 5.94.030(3) for the Kitsap County Cornhole Classic taking place on August 7, 2022 and allow staff to route the application in accordance with the rest of POMC 5.94. Fiscal Impact: None. Alternatives: Deny not modify the time submittal requirement. Attachments: Application Page 155 of 274 Back to Agenda ORCHARD SPECIAL EVENT PERMIT APPLICATIONC/7YOFpORT '10e2 (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) �eL6RkS aFFjyARD STANDARD PROCESSING FEE: $50.00 CF ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00 Event Overview Name of event: Kitsap County Cornhole Classic Location of event:Port of Bremerton Marina Park Type of Event: estival I alk/Run 'grad endor Fair lock Party ther:sportsEvent Event or Organization Website: WWW.https://skchamber.org/kcc/ Description of event: Several teams playing/competing in cornhole tournament. Admission Fees: Does your event require a paid fee for participants and/or spectators? YeswNo Does your event require minimum or suggested donation for participants and/or spectators? Admission/participation fee/ suggest donations amount(s): Event Details Set Up Starts: Start Day: Start Date: a Start Time: End Day: salurday'::�. $13 S� 7 Z' 7:00 Event Dates/Times: Indicate Dates/Times OPEN to attendees Participants Day• - LK1) Date: -Start Time: End Time. 1 00 Sekwe[fty 8�2 9:00 18:00 Day: Date: Start Time: End Time: Day: I Date: I Start Time: I End Time: I Take Down Complete: End Date: End Time: 9'00 Expected Daily Atte dance: Spectators volunteers/staff J 50 10 _ _ Additional details: (attach additional pages as needed for additional days or details) Page 156 of 274 City of Port Orchard I Special Event Application Revised 31112022 Page 3 of 10 Back to Agenda Organization Information* Names of Oranni7ntinn•Cnufh Vitenn ('hnmhor of (`nmmarro Do you have an active City Business License? 'es What is your UBI number?601-533-890 Point of Contact Name:Matt Murphy Street Address: 1014 Bay Street #3 Mailing Address: (if different from street address) city:Port Orchard State:WA Zip:98366 City; State: Zip: Phone:360-876-3505 Alternate Phone:360 - 535-4111 Email: matt@portorchard.com *Please note the organization information provided may be shared for inquires made on event details Alcohol The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://icb.wa.goyl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? kes* ❑Vo *If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit. Visit their website at https://kitsoppublichealth.ora/Food5afetylfood vendors.php or call (360) 728-2235 for information. Will your event have any food service and/or sales?Wes �o If yes, how many: Will your event have professional catering? ❑Yes Will your event have food trucks? Wes Will your event have food booths or food vendors? FlYes Restrooms FV]No If yes, how many: ❑No If yes, how many: 2 �o If yes, how many: _ Prove the number of restrooms that will be available to the public for your event: 3 Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets 3 Up to 240 250 to 499 500 to 900 4 6 12 1,000 to 1,999 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard I Special Event Application Page 157 of 274 Revised 31112022 Page 4 of 10 Back to Agenda Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle 1 Garbage Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self -Haul: ✓❑Yes No List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: We generate very little garbage, but will provide recepticles for collection. colletion out at the end of the event on our own. Amplified Sound Does your event have any amplified sound? Yes❑No W1 Indicate dates/time of any amplified sound below: Day: el" Date: � s /7 "' Start Time: End Time: sate I/+�'1 �2- -9:00 18:00 Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Random announcements throughout the day. Low volume background music throughout the day. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Portable small PA system Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Towards active players of the tournament Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? D Yes �✓ No Dot Applicable 1 oyIc) C GINv 1AV���5 If yes, what is the tent size: Does the tent have sides? ❑Yes❑NcE]Not applicable May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application Page 158 of 274 Revised 31112022 Page 5 of 10 Back to Agenda Use of City Right -of -Way and Parking Impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? ❑Yes Fv No For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located at: https://www.wsdot.wa,gov/contact/events/special-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? R Yes ❑ No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Parks: ❑Van Zee Park ❑Paul Powers Park �✓ Parking Lots: Dot 1: between Orchard and Frederick streets on the north side of Bay Street ❑Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. Sidewalks: ❑McCormick Village Park ❑Central Park ❑Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Parke Dtta Turner Park 11Givens Park ❑Lot 5: all parking on City Hall property in front of the Police department ❑Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersectiorw Rockwell Park ❑Lot 7: all parking spaced located on the library property which is limited to library staff only ❑Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and lz�l Prospect Street. , - Dtreet(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: City of Port Orchard I Special Event Application Page 159 of 274 Revised 31112022 Page 6 of 10 Back to Agenda Street Closure Details: Street Name: Between And Start Dates (cross street). (cross street). Start Time: End Date: End Time: Additional details: (attach additional pages as needed for more streets and/or more details about use.) Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? Yes ❑No Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? We don't need ALL parking East of Harrison and West of Marina Park... only the first 2-3 rows of parking west of the park. Event Signage Are you planning to put up temporary signs?Yes FIN POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors?Fl Yes kVo If so, will they be selling merchandise and/ or food?Yes ❑No If so, how many anticipated exhibitors/vendors will be at your event? POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 31112022 Page 7 of 10 Page 160 of 274 sponsor of the master event shall provide list of participating vendors, their business nar Back to Agenda leirstate Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is required to be submitted which includes the following: Vendors- ❑ Yes ❑ No FV1 Not applicable Beer Garden: � Yes ❑ No ❑ Not applicable Signage: R1 Yes ❑ No ❑ Not applicable Tents: —]Yes ❑ No Not applicable Public entrances and exits: ❑ Yes ❑ No � Not applicable Road closures and detours. ❑Yes ❑ No F6/1 Not applicable Traffic patterns: Des ❑ No Fv] Not applicable Fire Lanes: ❑Yes ❑ No Not applicable Garbage/Recycling: R�es ❑ No ❑ Not applicable Barricades: Yes ❑ ❑ No Not applicable First Aid: ❑ Yes ❑ No —1 Not applicable Parking: ❑Yes ❑ No Not applicable Restrooms: FV Yes ❑ No ❑Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No F6/1 Not applicable City of Port Orchard I Special Event Application Revised 31112022 Page 8 of 10 Page 161 of 274 Back to Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.coml. Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. V�u� Li J �. Signature of President rganization Print Name Date Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received. Does event require a Master Multi -Vendor License: ❑ Yes ❑ No Number of days: Amount: If Yes: ❑ $15/day fee ❑ $200/monthly fee Date fee paid: City of Port Orchard I Special Event Application Revised 31112022 Page 9 of 10 Page 162 of 274 A 41 Google Favy S 1111F _F� 4 0 Ir 0_1 Backto Agenda rk ON City 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 8J Subject: Adoption of a Resolution Approving Amendment No. 2 to Contract No. Meeting Date: June 14, 2022 Prepared by: Charlotte Archer 040-12 with Kitsap County for Atty Routing No. Emergency Management Services Atty Review Date City Attorney 366922-0005 — Clerk June 10, 2022 Summary: Pursuant to the Emergency Management Act, RCW 38.52, local jurisdictions are required to establish a local organization for emergency management, and to maintain a local comprehensive emergency management plan. The City's Comprehensive Emergency Plan (CEMP) is built upon an agreement for a cooperative response with local jurisdictions for emergency response to disasters. The City, along with Kitsap County and the cities of Bremerton, Bainbridge Island and Poulsbo, entered into an Interlocal Agreement (pursuant to RCW 39.34, the Interlocal Cooperation Act) in 2012 for Emergency Management Services (the "Agreement"). That Agreement created a program to manage emergencies or disasters in the area through an established Department of Emergency Management, pursuant to RCW 38.52.070. The City Council authorized participation in the Agreement at its meeting on June 12, 2012, and approved a subsequent amendment to the Agreement on November 26, 2019. By its terms, as amended, the Agreement expired in November 2020. However, all parties to the Agreement continued operating under the terms thereof with a common understanding that the Agreement remained in full force and effect, but due to the pandemic, no formal extension notice was given by any party. In 2022, Kitsap County prepared a Second Amendment to the Agreement to memorialize the parties' commitment to the continuation of the Agreement to present as well as a prospective extension of the Agreement into the future. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the adoption of a Resolution authorizing the Mayor to execute the Second Amendment to Contract No. 040-12, an Interlocal Agreement for Emergency Management Services. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute the Second Amendment to Contract No. 040-12, an Interlocal Agreement for Emergency Management Services. Fiscal Impact: None anticipated Page 164 of 274 Backto Agenda Staff Report 8J Page 2 of 2 Alternative: Reject and provide alternative guidance. Attachment: Resolution, Resolution — Exhibit A — Second Amendment to Contract No. 040-12 (KC 496- 1213), and courtesy copies of Contract No. 040-12 and Amendment No. 1 thereto Page 165 of 274 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO CONTRACT NO. 040- 12, AN INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES WITH KITSAP COUNTY AND THE CITIES OF BREMERTON, POULSBO, AND L:7_11,11"..111 Z4:111111;W_VlM WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52, the Emergency Management Act, authorizes and directs local jurisdictions to establish a local organization for emergency management and to maintain a local comprehensive emergency management plan; and WHEREAS, RCW Chapter 39.34, the Interlocal Cooperation Act, further empowers local agencies to work cooperatively to effectuate municipal purposes; and WHEREAS, the City's current Comprehensive Emergency Management Plan (CEMP), adopted by Ordinance No. 005-16, calls for a cooperative response with local jurisdictions for emergency response; and WHEREAS, on June 12, 2012, the City Council authorized the Mayor to execute Contract No. 040-12, an Interlocal Agreement for Emergency Management Services with Kitsap County and the cities of Bainbridge Island, Bremerton, and Poulsbo (the "Agreement"), to establish a program to manage emergencies or disasters, consistent with the CEMP; and WHEREAS, on November 26, 2019, the City Council authorized the Mayor to execute the First Amendment to the Agreement, modifying provisions and extending its term; and WHEREAS, since the execution of the Agreement as amended, the City and its partners have continued to work cooperatively to effectuate the purposes of the agreement, without cessation; and WHEREAS, the Second Amendment to the Agreement memorializes the continued dedication of the parties to the joint endeavor, and extends its term to ensure uninterrupted, cooperative emergency management; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the Mayor to execute the Second Amendment; 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 166 of 274 Backto Agenda Resolution No. Page 2 of 2 THAT: The City Council approves of and authorizes the Mayor to execute Second Amendment to Contract No. 040-12 (KC 496-12B), attached hereto as Exhibit A and incorporated herein by this reference. THAT: The City Council approves of and ratifies all actions taken consistent with this authorization, including the execution of the Agreement and Amendment No. 1 thereto, which preceded the adoption of this resolution. 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 141" day of June 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 167 of 274 Back to Agenda KC 496-12B SECOND AMENDMENT INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES This Second Amendment ("Amendment") to the Interlocal Agreement for Emergency Management Services is entered by and among Kitsap County ("County") and the Cities of Bremerton, Port Orchard, Poulsbo, and Bainbridge Island. WHEREAS, the parties previously executed an Interlocal Agreement for Emergency Management Services, KC 496-12, which was amended by KC 496-12A (collectively "Agreement"); and WHEREAS, the parties desire to amend the Agreement to extend the term. NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as follows: Section 21(Term). Section 21 of the Agreement is amended and replaced with the following: This agreement shall be perpetual unless terminated as provided in Section 22. 2. Effective Date. This Amendment shall be effective on November 24, 2020. 3. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the Agreement, and any subsequent amendments, addenda, or modifications thereto, remain unchanged in full force and effect as to all parties. 4. Counterparts. This Amendment may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, with each counterpart deemed an original. Should fewer than all named parties execute this Amendment, the Amendment shall be effective as between the Parties that have executed the Amendment to the same extent as if no other parties had been named. 5. Severability. The provisions of this Amendment are severable. Any term or condition of this Amendment or application thereof deemed to be illegal, invalid, or unenforceable, in whole or in part, shall not affect any other term or condition of the Amendment and the Parties' rights and obligations will be construed and enforced as if the Amendment did not contain the particular provision. Signatures of Next Page Page 1 of 6 Page 168 of 274 Back to Agenda DATED this day of , 2022 ATTEST: DANA DANIELS, Clerk of the Board BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON EDWARD E. WOLFE, Chair ROBERT GELDER, Commissioner CHARLOTTE GARRIDO, Commissioner Page 2 of 6 Page 169 of 274 Back to Agenda DATED this day of , 2022 CITY OF BREMERTON GREG WHEELER, Mayor APPROVED AS TO FORM: ATTEST: KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk Page 3 of 6 Page 170 of 274 Back to Agenda DATED this day of , 2022 CITY OF PORT ORCHARD ROBERT PUTAANSUU, Mayor APPROVED AS TO FORM: ATTEST: CHARLOTTE ARCHER, City Attorney BRANDY WALLACE, City Clerk Page 4 of 6 Page 171 of 274 Back to Agenda DATED this day of , 2022 CITY OF POULBSO BECKY ERICKSON, Mayor APPROVED AS TO FORM: ATTEST: ALEXIS FOSTER, City Attorney RHIANNON FERNANDEZ, City Clerk Page 5 of 6 Page 172 of 274 Back to Agenda DATED this day of , 2022 CITY OF BAINBRIDGE ISLAND APPROVED: BLAIR KING, City Manager APPROVED AS TO FORM: ATTEST: JOE LEVAN, City Attorney CHRISTINE BROWN, City Clerk Page 6 of 6 Page 173 of 274 Back to Agenda INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES WHEREAS, RCW 38.52, the Emergency Management Act, empowers local governmental entities to establish a program to deal with emergencies and specifically authorizes two or more entities to join together to establish such a program; and WHEREAS, RCW 39.34, the Interlocal Cooperation Act, encourages joint programs and cooperation between governmental entities; and WHEREAS, Kitsap County and the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo desire to join together to establish a program to manage emergencies or disasters, whether natural, technological or human -caused. NOW, THEREFORE, the parties agree as follows: Section 1. Definitions The following terms are defined as follows: a. "Cities" means the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo. b. "Council" means the Kitsap County Emergency Management Council. C. "County" means Kitsap County. d. "Director" means the Director of the Department of Emergency Management. e. "Department of Emergency Management" means the department that is responsible for performing local emergency management functions in incorporated and unincorporated Kitsap County. f. "Emergency or disaster" means an event or set of circumstances which: (1) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (2) Reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. g. "Emergency Management" means the preparation for and carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid Page 174 of 274 Back to Agenda victims suffering from injury or damage, resulting from disaster caused by all hazards, whether natural, technological, or human -caused, and to provide support for search and rescue operations for persons and property in distress. h. "Search and Rescue" means the acts of searching for, rescuing, recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural, technological or human -caused disaster, including instances involving searches for downed aircraft when ground personnel are used. Section 2. Department of Emergency Management Established. The Department of Emergency Management is hereby established. This department is the successor to the Emergency Management Organization of Kitsap County. The Department of Emergency Management shall be a Kitsap County department that is jointly administered and funded by the Parties to this Interlocal Agreement. Section 3. Powers and Duties of the Department of Emergency Management. The Department of Emergency Management shall provide emergency management services and programs to the residents of, and on behalf of, the County and the Cities. In addition, the Department of Emergency Management, pursuant to RCW 38.52.070, is designated as the local emergency management organization for the County and Cities and is vested with emergency management powers and authority to the maximum extent permitted by RCW 38.52. Section 4. Kitsap County Emergency Management Council Established. The Kitsap County Emergency Management Council is hereby established. This Council is the successor to the Emergency Management Organization of Kitsap County. Section 5. Control by Council. Direction, control, and oversight of the Department of Emergency Management are hereby vested in the Council unless otherwise specifically provided herein. Section 6. Composition of Council. a. The Council shall be composed of the following five persons: Page 175 of 274 Back to Agenda 1. One (1) county commissioner; 2. The mayors of Bremerton, Port Orchard and Poulsbo. 3. One (1) City council member from Bainbridge Island. b. If one of the members is unable to attend a meeting of the Council, he or she may designate an alternate elected official who shall be empowered to vote and participate in and conduct the business of the Council. Section 7. Conduct of Business by Council. a. Meetings. The business and other matters that come before the Council shall be conducted during an open public meeting. Meetings may be scheduled at regular times or may be called as a special meeting on an as -needed basis. The chairperson, vice - chairperson, or the Director is authorized to call for a meeting. b. Quorum. A quorum shall exist when there are at least two (2) mayors, or their designees, and one (1) county commissioner, or his or her designee present. Business may be conducted by majority vote of the quorum unless otherwise provided in this agreement. C. Bylaws. Bylaws may be passed and amended by the Council but shall require a two- thirds (2/3) favorable vote. d. Election. At the first meeting of each calendar year, the Council shall elect a chairperson and vice -chairperson. Each position shall serve for the remainder of the calendar year or until a successor is elected. e. Minutes. The Director, or designee, shall keep the minutes of all meetings. f. Rules. Council meetings shall be conducted in accordance with Robert's Rules of Order unless otherwise stated in the bylaws. g. Notice. Prior to conducting and holding special meetings, each member of the Council shall be given forty-eight (48) hours advance notice of the meeting and public notice shall be provided as required by state law. Section 8. Appointment of Director. A Director shall be appointed to organize, administer, and manage the operations of the Department of Emergency Management on a day-to-day basis. The Council shall, by majority vote, select the Director. Page 176 of 274 Back to Agenda Section 9. Powers and Duties of Director. The Director, or designee, shall: a. Implement the policies, procedures, programs, and directives of the Council in regard to emergency management operations. b. Make recommendations and report to the Council. C. Represent the Department of Emergency Management on behalf of the Council in dealings with the public and other outside public or private entities pertaining to emergency management and response to an emergency or disaster. d. Organize, appoint, and train volunteers and salaried employees needed to assist in the implementation of emergency management services or programs. e. Coordinate the local emergency management program(s) with State, Federal and other local programs. f. Develop an "all -hazard" Comprehensive Emergency Management Plan for the county, including polices and procedures to be utilized during an emergency or disaster. g. Develop an "all -hazard" Comprehensive Emergency Management Plan for each city, including policies and procedures to be utilized during an emergency or disaster. h. Conduct studies and surveys of hazards and the resources available to deal with an emergency or disaster. 1. Develop mutual aid agreements for reciprocal emergency management aid and assistance. j. When an emergency or disaster demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, the Director may proclaim an emergency or disaster anywhere within unincorporated Kitsap County, make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such proclamation, and/or rules and regulations must be confirmed at the earliest practicable time by the County Board of Commissioners. k. In the event of a proclaimed emergency or disaster, obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use. Page 177 of 274 Back to Agenda 1. In the event of a proclaimed emergency or disaster, require emergency services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens for the community as he/she considers necessary in the execution of his/her duties; such person shall be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency workers. in. In the event of a proclaimed emergency or disaster, execute all of the special powers conferred upon him/her by this adopted agreement pursuant thereto, all powers conferred by statute, or agreement approved by the Board of County Commissioners, or by any other lawful authority. n. In the event of a proclaimed emergency or disaster, requisition necessary personnel or material of any County department or agency. Section 10. Budget. Prior to July 31s' of each calendar year, the Director, or designee, shall submit a proposed budget to the Council for its consideration and approval. The approved budget shall then be submitted to the Board of County Commissioners for inclusion into the County's budget. Section 11. Fundiniz. The budget for the Department of Emergency Management that is not funded after receipt of grants or gifts shall be funded by assessments from the County and Cities. The assessment amount for each city shall be based upon a per capita charge. In calculating the per capita charge, the population of each city (numerator) is divided by the total population of the County (denominator) and that percentage is then multiplied by the total amount required for the following year's budget that does not include grant funding. The assessment amount for the County shall be that amount which is obtained when the population of the unincorporated portion of the County is divided by the total population of the County and that percentage is then multiplied by the budget amount that does not include grant funding. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the Washington State Office of Financial Management (OFM). Assessments shall be paid on an annual basis. Page 178 of 274 Back to Agenda Section 12. Fund Established. Moneys received and collected on behalf of the Department of Emergency Management shall be deposited in a fund known as the Kitsap County Department of Emergency Management Fund and maintained by the County Treasurer. Department of Emergency Management expenditures shall be paid from this fund. Section 13. Emergency Proclamation. Proclamation. If circumstances warrant, the Board of County Commissioners may proclaim the existence of a local emergency occurring anywhere within unincorporated Kitsap County. Provided, if circumstances are exigent, the Director, or designee, may proclaim the existence of a local emergency anywhere within unincorporated Kitsap County if there is not sufficient time for the Board of County Commissioners to meet in person or by telephone; provided further, if a proclamation of a local emergency is proclaimed by the Director, or designee, the Board of County Commissioners shall meet as soon as possible thereafter to affirm or rescind the Proclamation. If the circumstances warrant, a Mayor, or designee, may proclaim the existence of a local emergency occurring anywhere within that City's jurisdictional boundaries. a. Abatement. When a proclaimed emergency or disaster has sufficiently abated, the Board of County Commissioners and/or the Mayor, or designees, depending upon which jurisdiction proclaimed the existence of a local emergency, shall proclaim an end to the emergency or disaster. b. Use of Government Resources. If an emergency or disaster has been proclaimed, the Department of Emergency Management may utilize the services, equipment, supplies, and facilities of the State and all other governmental entities organized pursuant to State law. Impressment of Citizens. If an emergency or disaster has been proclaimed by the Governor, the Department of Emergency Management may commandeer the service and equipment of citizens as provided under chapter 38.52 RCW. Page 179 of 274 Back to Agenda d. Rules and Regulations. If an emergency or disaster has been proclaimed, the Council, or designee, may make such rules and regulations necessary for the protection of life and property. Section 14. Compensation for Emergency Workers. Emergency workers or their dependents shall be compensated for injuries or death pursuant to Chapter 38.52 RCW and implementing regulations thereto. Section 15. Liability. Liability for emergency management operations shall be limited as provided by Chapter 38.52 Section 16. Compensation Board. The Compensation Board for the Department of Emergency Management shall be composed of those individuals that would constitute a compensation board for a county pursuant to RCW 38.52.210 (1). Section 17. Duties of County. The County shall: a. Establish the salaries of the Director and other salaried staff of the Department of Emergency Management. b. Treat the Director and salaried staff of the Department of Emergency Management as County employees with respect to such matters as auditing, accounting, fringe benefits, and personnel policies. C. Represent and act on the Council's behalf in entering into contracts and Interlocal Agreements and accepting grant funds. Section 18. Agreement to be Liberally Construed. This Agreement shall be liberally construed to secure the public health, safety and welfare and the rule of strict construction shall have no application. Page 180 of 274 Back to Agenda Section 19. Hold Harmless. To the extent not covered under Chapter 38.52 RCW, each party shall defend, indemnify and save all other parties harmless from any and all claims arising out of that party's negligent performance of this agreement. Section 20. Representation The Kitsap County Prosecuting Attorney's Office shall provide legal advice and act as counsel for Emergency Management. In the event that a conflict exists between Emergency Management and another client represented by the Prosecutor's Office, then the Bremerton City Attorney's Office shall provide such representation to the Department of Emergency Management; and provided further, that in the event that a conflict exists between Emergency Management and both a client represented by the Prosecutor's Office and a client represented by the Bremerton City Attorney's Office, Emergency Management may retain outside legal counsel regarding that matter only. Section 21. Term This agreement shall be of perpetual duration unless terminated as provided in Section 22. Section 22. Withdrawal. Any of the five (5) participants in this Interlocal Agreement for Emergency Management Services may withdraw by giving written notice of such to each of the other participants no later than one hundred and twenty (120) days prior to the end of a calendar year; provided, no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given, the withdrawal shall be effective December 31 st of the year such notice was given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon as possible thereafter, to determine whether there needs to be adjustments or amendments to the Interlocal Agreement for Emergency Management Services necessitated by such withdrawal. Page 181 of 274 Back to Agenda Section 23. Effective date. This agreement shall become effective and the Kitsap County Emergency Management Council and the Department. of Emergency Management shall commence existence when: a. The County and Cities each enact a resolution or ordinance authorizing this agreement, or an agreement similar in substance to this agreement; and b. This agreement, or an agreement similar in substance to this agreement, is approved by the Director of the Washington State Emergency Management Division; and C. A fully executed copy of, this agreement is filed with the Kitsap County Auditor. Section 24. Venue. The venue for any action related to this agreement shall be in the Superior Court in and for Kitsap County, Washington. Section 25. Severability. If any portion of this agreement or its application to any person/entity or circumstance is held invalid, the remainder or application to other persons/entities or circumstance shall not be affected. Section 26. Existing Rights and Obligations. Upon the effective date, the Interlocal Agreement for Emergency Management Services, entered into by the County and Cities in 1986, is hereby terminated and no longer in effect. The rights and obligations that the Emergency Management Organization formed under the 1986 Interlocal Agreement are hereby assumed by the Emergency Management Council formed under this Agreement. This Agreement supersedes and replaces the Interlocal Agreement for Emergency Management Services dated May 2005. Page 182 of 274 Backto Agenda CITY OF BAINBRIDGE ISLAND x az�lzlx�, By: DoSchulze, City M nager CITY OF BREMERTON /W • CITY OF PORT ORCHARD By: Tim Matthes, Mayor CITY OF POULSBO C By: B Erickson, Mayor Page 183 of 274 Backto Agenda DATED this 1 3 day of � � r 2013 KITSAP COUNTY BOARD OF COMMISSIONERS )) ITSA ,BOUNTY, WASHI ON Josh Brown, Chair Charlotte Garrido,,-ommissioner Roberl Geld , Commissioner ATTEST: *anaaniels, Clerk to the Board Approved as to form: Deputy P ecuting Atto 0 p"' :y '• ver,"� W AP Co Page 184 of 274 Back to Agenda KC 496-12A FIRST AMENDMENT INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES This First Amendment ("Amendment") to the Interlocal Agreement for Emergency Management Services ("ILA") is entered by and among Kitsap County ("County") and the Cities of Bremerton, Port Orchard, Poulsbo, and Bainbridge Island. WHEREAS, the parties previously executed an Interlocal Agreement for Emergency Management Services, KC 496-12. WHEREAS, the City of Bainbridge Island has since established and is operating an independent local organization for emergency management in accordance with the state comprehensive emergency management plan and program pursuant to RCW 35.52.070, rather than continuing as a participating party of the joint local organization for emergency management (Kitsap County Department of Emergency Management). WHEREAS, the City of Bainbridge Island is requesting that the Kitsap County Department of Emergency Management and Kitsap County Department of Emergency Management Council ("Council") continue to function in a support capacity for the Bainbridge Island Emergency Management Program and accordingly is to remain a member of the Council as identified in this Amendment. WHEREAS, the parties desire to amend the ILA to reflect the change in roles, responsibilities, and funding. NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as follows: 1. Section 3 (Powers and Duties of the Department of Emergency Management) of the ILA is amended and replaced with the following: Section 3. Powers and Duties of the Department of Emer enc Management. The Department of Emergency Management shall provide emergency management services and programs to the residents of, and on behalf of, the County and the City of Bremerton, the City of Poulsbo, and the City of Port Orchard. In addition, the Department of Emergency Management, pursuant to RCW 38.52.070, is designated as the local emergency management organization for the County and the City of Bremerton, the City of Poulsbo, and the City of Port Orchard and is vested with emergency management powers and authority to the maximum extent permitted by RCW 3 8.52. The Department of Emergency Management will function as programmatic support for the City of Bainbridge Island's Emergency Management Program. 2. Section 6 (Composition of Council) paragraph (a) of the ILA is amended and replaced with the following: Page 1 of 8 Page 185 of 274 Back to Agenda Section 6. Composition of Council a. The Council shall be composed of the following five persons or their designee: 1.One (1) county commissioner; 2. The mayors of Bremerton, Port Orchard, Poulsbo, and Bainbridge Island. 3. Section 9 (Powers and Duties of Director) of the ILA is amended to exclude the City of Bainbridge Island from receipt of the services identified in paragraphs (c), (d), (f), and (g). 4. Section 9 (Powers and Duties of Director) paragraph (e) of the ILA is amended and replaced with the following: Coordinate the local emergency management program(s) with state, federal, and other local programs, if applicable. 5. Section 11 (Funding) of the ILA is amended and replaced with the following: Fundin . The budget for the Kitsap County Department of Emergency Management that is not funded after receipt of contributions (i.e., from the City of Bainbridge Island), grants, or gifts shall be funded by assessments made in accordance with this section. The assessment amount for each city participating in the joint local organization for emergency management (i.e., the City of Bremerton, the City of Port Orchard, and the City of Poulsbo) shall be based upon a per capita charge. In calculating the per capita charge, the population of each city participating in the joint local organization for emergency management (numerator) is divided by the total population of the County (denominator) and that percentage is then multiplied by the total amount required for the following year's budget that does not include grant funding. The assessment amount for the County shall be that amount which is obtained when the population of the unincorporated portion of the County is divided by the total population of the County and that percentage is then multiplied by the budget amount that does not include grant funding. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the Washington State Office of Financial Management (OFM). Assessments shall be paid on an annual basis and will include an additional annually agreed amount to be deposited in the department of emergency management contingency fund which will be paid pro rata by the County, the City of Bremerton, the City of Port Orchard, and the City of Poulsbo consistent with the calculations in this paragraph. The population of the City of Bainbridge Island will not be included in the calculations in this paragraph. The City of Bainbridge Island will provide a contribution of $10,000 to the Kitsap County Department of Emergency Management for 2019, and $22,000 annually thereafter to be distributed as deemed appropriate by the Department of Emergency Management. 6. Section 12 (Fund Established) of the ILA is amended and replaced with the following Page 2 of 8 Page 186 of 274 Back to Agenda Funds Established. Moneys received and collected on behalf of the Department of Emergency Management shall be deposited in the Kitsap County Department of Emergency Management Fund and a Kitsap County Department of Emergency Management Contingency Fund as provided in Section 11. Both funds will be maintained by the County Treasurer. The Kitsap County Emergency Management Fund is intended to supplement the Department of Emergency Management costs in the event of the issuance of a Kitsap County Emergency Management declaration or proclamation. Section 21 (Term) of the ILA is amended and replaced with the following: Term. This ILA will remain in effect for twelve (12) months from the effective date of this Amendment and may be extended or returned for consecutive annual terms. Section 22 (Withdrawal) of the ILA is amended and replaced with the following: Withdrawal. Any party to this Interlocal Agreement for Emergency Management Services may withdraw by giving written notice of such to each of the other participants no later than one hundred and twenty (120) days prior to the end of a calendar year; provided, no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given, the withdrawal shall be effective December 31 st ofthe year such notice was given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon as possible thereafter to determine whether there needs to be adjustments or amendments to the Interlocal Agreement for Emergency Management Services and/or County ordinances necessitated by such withdrawal. 9. Effective Date. This Amendment shall be effective as provided in Section 23 of the ILA. 10. Terms Unchan ed. Except as expressly provided in this Amendment, all other terms and conditions of the ILA, and any subsequent amendments, addenda or modifications thereto, remain unchanged in full force and effect as to all parties. 11. Counterparts. This Amendment may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, with each counterpart deemed an original. In the event that fewer than all named parties execute this Amendment, the Amendment, when filed as provided herein, shall be effective as between the Parties that have executed the Amendment to the same extent as if no other parties had been named. 12. SeverabilitY. The provisions of this Amendment are severable. Any term or condition of this Amendment or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, shall not affect any other term or condition of the Amendment and the Parties' rights and obligations will be construed and enforced as if the Amendment did not contain the particular provision. Page 3 of 8 Page 187 of 274 Back to Agenda APPROVED AND EXECUTED this 11 day ofotlt wt60t, 2419 m' :M ATTEST: DANA DANIELS, Clerk of the Board BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ioe�g U�# EDNIVARD E. WOLFE, 4judr CHARLOTTE GARRIDO, Commissioner Page 4 of 8 Page 188 of 274 Back to Agenda APPROVED AND EXECUTED this 26 day of November , 2019 CITY OF PORT ORCHARD APPROVED: ,,j k 14 1111111r,j,j,;: S ROBERT PUTAANSUU, Mayor - t'•, a ' �'= APPROVED AS TO FORM: ATTEST: n 6ates , City Attorney Brandy inearson , City Clerk Page 5 of 8 Page 189 of 274 Back to Agenda APPROVED AND EXECUTED this 'ZOday of. AJOVCvAt' #, 2019 CITY OF POULBSO APPROVED: BECKY E KSON, Mayor APPROVED AS TO FORM: ,4, j a,wrs , City A y ATTEST: R o►. , City Clerk Page 6 of 8 Page 190 of 274 Back to Agenda APPROVED AND EXECUTED this to day of �„rn , 2019 CITY OF BAINBRIDGE ISLAND APPROVED: 1---y4 9XA� MORG SMITH, City Manager APPROVED AS TO FORM: Joe L an, i y Attorney ATTEST: Christine Brown, City Clerk Page 7 of 7 Page 191 of 274 Back to Agenda APPROVED AND EXECUTED this !'S+" day of F—t k d m . 2020, CITY OF BREMERTON APPROVED: g4.t�"_�Z — _ GREqVHEELER, Mayor APPROVED AS TO FORM: ROGER L BOVICH, City Attorney ATTEST: ANGELA HOOVER, City Clerk Page 192 of 274 Backto Agenda �_. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 f � n � ` INYI_ e � _ a � _, e (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8K Meeting Date: June 14, 2022 Subject: Approval of Amendment No. 4 to Prepared by: Mark Dorsey, P.E. Contract No. 075-20 with Rice Fergus Public Works Director Miller, Inc. for the 2020-2021 City Hall Atty Routing No.: 366922.0009 — PW Improvement Project -Additional Scope Atty Review Date: June 9, 2022 Summary: On October 13, 2020, the Port Orchard City Council approved Contract C075-20 with Rice Fergus Miller, Inc. (RFM) for the 2020-2021 Schematic Design (30%) portion of the City Hall Improvement Project (the "Project"), following RFM's selection for the full Project through a qualifications -based - selection process, consistent with the City's Procurement Policies. On March 9, 2021, the City executed Amendment #1 to the contract, authorizing the Project's 100% Ad Ready PS&E and Bid Support Phase. On September 28, 2021, the City authorized Amendment No. 2 to the contract, adding a PV Array and POPD/City Hall/Courts Counter Renovations as a component of the Project, consistent with the initial procurement process. On December 27, 2021, the Public Works Director authorized a time -only extension of the contract to December 31, 2022. At the City's request, RFM has now prepared/submitted additional Scope and Budget for additional PV Array and geotechnical support as a component of the Project, consistent with the initial procurement process for this Project. This work is associated with a Department of Commerce Solar Grant awarded to the City in the amount of $9,900.00, and associated necessary geotechnical work at $13,750.00. Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 4 to Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project, additional scope in an amount of $23,650. Relationship to Comprehensive Plan: Chapter 9 — Capital Facilities Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 4 to Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project in an amount of $23,650. Fiscal Impact: Funding provided within the current 2021-2022 Biennial Budget. Partially grant funded, as described above. Alternatives: Do not approve. Attachments: Amendment No. 4, RFM Proposal (dated 5/26/2022), and COPO Amendment Authorization No. 4. Page 193 of 274 Back to Agenda Amendment No. 4 to Contract No. C075-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C075-20 ("Amendment") is made effective as of the 14th day of June, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a company organized under the laws of the State of Washington, located and doing business at 275 Fifth Street, Bremerton, WA 98337 ("Consultant"). WHEREAS, the City issued a Request for Qualifications Advertisement called for the 2020-2021 Ad Ready (100% PS&E) City Hall Improvement Project (the "Project"), including Schematic (30%), Design Development (60%), and associated work, and selected the Consultant as the most qualified firm for this Project; and WHEREAS, on October 13, 2020, the City executed a Professional Services Agreement with the Consultant, for the 2020-2021 Schematic Design (30%) phase of the City Hall Improvement Project ("Underlying Agreement"); and WHEREAS, on March 9, 2021, the City authorized Amendment No. I to the Underlying Agreement for the 100% Ad Ready PS&E and Bid Support Phase; and WHEREAS, on September 28, 2021, the City authorized Amendment No. 2 to the Underlying Agreement for the additional of a PV Array and POPD/City Hall/Courts Counter Renovations; and WHEREAS, on December 27, 2021, the Public Works Director authorized a time -only extension of the Underlying Agreement to December 31, 2022; and WHEREAS, the parties now desire to expand the scope to include additional design work associated with the PV Array, being a Commerce Solar Grant application and associated Geotechnical work; and NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of October 13, 2020, between the parties is amended in, but only in, the following respect: Section I.A. and Exhibit A are amended to include the work identified in the May 26, 2022 letter from Consultant to the City describing the additional PV Array grant and geotechnical support requested by the City, a copy of which is attached hereto as Attachment 1 and incorporated herein by this reference. Section 4. Compensation. LUMP SUM. Compensation for these additional services shall be for the Lump Sum of $23,650.00, for a total contract price for all work, including work previous performed and compensated prior to the date of this amendment, of $563,916.00. Page 194 of 274 Back to Agenda 2. 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. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, RICE FERGUS MILLER, INC. WASHINGTON Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney Printed Name and Title Page 195 of 274 Backto Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 4 Date: June 14, 2022 Contractor: RICE FERGUS MILLER, INC. 2020-2021 CITY HALL Project: IMPROVEMENTS 275 FIFTH STREET, SUITE 100 Contract / Job # C075-20 BREMERTON, WA 98337 THIS CHANGE ORDER PROVIDS FOR AN ADDITIONAL $23,650.00 IN DEPARTMENT OF COMMERCE SOLAR GRANT SUPPORT BY ECOTOPE ($9,900) AND GEOTECH SERVICES BY NIL OLSON & ASSOCIATES ($13,750.) Contract History Amount Sales Tax Total Date Appvd by Original Contract $106,500.00 $106,500.00 13-Oct-20 COUNCIL Amendment #1 $394,676.00 $394,676.00 09-Mar-21 COUNCIL Amendment #2 $39,090.00 $39,090.00 28-Sep-21 COUNCIL Amendment #3 $0.00 $0.00 27-Dec-21 PW Director Amendment #4 $23,650.00 $23,650.00 14-Jun-22 Council Total Contract $563,916.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Consultant Approval Signature Printed Name & Title Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date U:\Staff Reports GS50-05A-13\2022\20220614\8K 03 RFM Amendment #4 Authorization.doc Page 1 Page 196 of 274 Backto Agenda RIC ergusMILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com Supplemental Services Agreement Project: Port Orchard City Hall Improvements Owner: Date of Original Agreement October 13, 2020 SSA No.: Amendment 04 — May 26, 2022 Project No: 2020013.00 In accordance with the Agreement referenced above, authorization is hereby given to: ® proceed with Additional Services ❑ proceed with revised scope of Basic Services ❑ incur Reimbursable Expenses As follows: Department of Commerce Grant Support services provided by Ecotope per attached Exhibit A. Geotechncial Services as noted on attached Exhibit B. Compensation shall be adjusted as follows: Fixed Fees Time and Expense: Grant Support — Ecotope Geotechical Services — NIL Olson $9,000 x 1.10 markup = $9,900.00 $12,500 x 1.10 markup = $13,750.00 Time for performance shall be adjusted as follows: Not applicable. Upon execution, this Supplemental Services Agreement shall become a part of the original Agreement referenced above, and supplemental services described above shall commence. Submitted by: By. rh Print'ed Name: Dea Kelly Title: Principal Date: May 26, 2022 Authorized by Owner: By: Printed Name: Title: Date: Page 197 of 274 Backto Agenda tXrilbi I A PROPOSAL May 12, 2022 Jason Ritter Associate Principal Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA 98337 RE: Port Orchard City Hall — Department of Commerce Grant Support Proposal Port Orchard, Washington ECOT❑PE Ecotope appreciates the opportunity to propose support for the Department of Commerce Solar and Energy Efficiency grants for the Port Orchard City Hall project in Port Orchard, Washington. This proposal is based on our understanding of the scope as conveyed via email in July 2021. SCOPE OF SERVICES The scope of this work includes gathering, coordinating, and uploading all grant application requirements for either the Solar Grant Program or the Energy Efficiency Grant with the Washington State Department of Commerce. 1. Ecotope will perform these tasks: a. Draft required narratives and work with Port Orchard to finalize them. b. Format, data enter and upload all materials to ZoomGrants for Port Orchard to submit, coordinate the submission. c. (Solar Evaluation Provider with Ecotope) Draft Site plan showing the proposed layout of modules and other key locations d. Calculate a simple payback (must have a simple payback of less than 50 years, using a statewide average electricity rate of $0.0827). e. Calculate the cost per watt (i.e., the total project cost excluding contingency divided by AC system capacity) f. Document project budget and costs in ZoomGrants line item forms. g. Initiate state DAHP review, tribal consultation, in accordance with any existing Port Orchard policies if warranted. Follow to assure full execution upon grant approval. h. Perform Measurement and Verification — The project must report on the first year of energy production and savings, by submitting documentation from a monitoring system and utility bills. Page 198 of 274 Ecotope, Inc 1 1917 1st Avenue Suite 300, Seattle, Washington 9810 1 tel +1 206 322 3573 1 www.ecotope.com Backto Agenda L A I-111J I I A 2. Ecotope will require the following information to submit the grant application. Responsible parties are noted below. a. (Electrical Engineer/Architect) Any existing proposals, quotes, drawing schematics or other documentation to support the solar project. b. (Solar Evaluation Provider) Documentation of Energy Production Estimate, either: i. Onsite shading report (e.g., Solmetric SunEye, Solar Pathfinder) AND locational data report and loss assumptions (e.g., PVWatts) ii. OR modeling report (e.g., Helioscope, Aurora Solar) including shading analysis, loss assumptions, and locational data equivalent to above. c. (Solar Evaluation Provider) Qualifications of the person(s) completing energy production estimates d. (Solar Evaluation Provider/Electrical Engineer/Architect) Site photos per Ecotope's direction (compiled into a single PDF document) e. (Solar Evaluation Provider) Equipment list (proposed) including modules, inverters, and racking with key data (including place of manufacture if using made -in -Washington components for higher grant scoring). Must include kW ratings of modules (DC) and inverters (AC) to verify system size. f. (City of Port Orchard) Project scope guidance for work to be completed under this grant g. (City of Port Orchard) Scanned Utility bills showing most recent year of energy consumption data or, if building does not have a full year of energy consumption data, include all available history and modeling of projected annual energy use. h. (City of Port Orchard) Certifications and Assurances (Exhibit A) i. (City of Port Orchard) Diverse Business Inclusion Plan (Exhibit B) j. (City of Port Orchard) Contractor Certification for Executive Order 18-03 — Worker's Rights (Exhibit C) k. (City of Port Orchard) provide budget draft documenting funding sources. A leverage ratio of 1:1 minimum is required, a leverage ratio of 3:1 (75% self -funding) will provide the top grant score. Page 199 of 2Mpe, Inc / RFM Port Orchard City Hall Proposal / Page 2 of 5 Backto Agenda tzA-ilblI A PROPOSED FEE We propose to provide these services for the following estimated fee: Time & Expense, Not To Exceed without client approval $9,000 All scope listed above will be billed on a Time & Expense basis at the following rates below. Billing rates for hourly work may be adjusted annually. Principal in Charge $300 / hour Senior Mechanical Engineer $230 / hour Research Analyst $170 / hour • Mechanical Designer $130 / hour ACCEPTANCE If this proposal correctly states the scope of services you wish Ecotope to provide and the following Proposal Terms and Conditions are satisfactory, please sign below and return a copy to us. Jason Ritter Shanti Oram, PE Associate Principal Director, Engineering and Design Date Date Page 200 of27Wpe, Inc / RFM Port Orchard City Hall Proposal / Page 3 of 5 Backto Agenda PROPOSAL TERMS AND CONDITIONS These Terms and Conditions further define the basis of this Proposal and govern its complete content: Background Changes: Background drawing revisions greater than the quantity listed in the Scope of Services may incur additional fees to be billed as Time & Expense if significant effort is required for their incorporation. Revised drawings will be delivered one (1) week after receipt of new electronic background drawing files. Major Design Changes: Major design changes after 25% CD may incur additional services fees if major changes require recalculation of loads, reselection of equipment, or relocation of equipment. Project Schedule: Our proposal is based upon the project schedule identified by the Client at time of proposal. We agree to perform our work within this project schedule. Design changes to work previously performed or schedule extensions of more than 1-year or compressions may require additional compensation and expenses beyond those listed in this proposal. Reproduction: Our proposal assumes that the Client or Architect will be responsible for printing/reproduction costs, including one hard copy of complete plan set per phase of work. Construction Cost Estimates: Cost estimates are an opinion of probable construction costs. It is recognized that neither the Owner, the Client, nor we have control over the costs of labor, equipment or materials, or over the Contractor's methods of determining prices. Any opinion of probable construction cost is based upon our reasonable professional judgment and experience and does not constitute a warranty, express or implied, that Contractor's bids or negotiated prices will not vary from Project's budget or construction costs estimates. Value Analysis: We will provide ongoing value analysis (value engineering) throughout the design process, but value analysis after the issue of documents will be accepted on an Additional Services basis. Additional Services: Project design scope, process and/or deliverables that are not identified by this Proposal as Basic Services are Additional Services. We will identify any work requested of us which is deemed to be outside or beyond our Basic Services to our Client and will not proceed with any additional work until written authorization to proceed has been given or acknowledged by our Client. If Client has authorized such additional work in either verbal or written form, Client shall be responsible for payment for those additional services regardless of payments' status from Owner or others. Billings/Payments: We shall invoice our Client on a monthly basis. Invoices shall be due upon receipt or upon our Client's receipt of payments for our services from Owner or others depending upon Project's design team structure and shall be paid in full by Client without any set -offs, withholdings, discounts or penalties for any reason by Client or Owner. Accounts unpaid 30 calendar days after date of invoice date may be subject to a monthly service charge of 1.5% per month on the then unpaid balance. If an invoice is not paid within 60 calendar days, we may, without waiving any claim or right against our Client, and without liability whatsoever to our Client, terminate our performance of our services. In the event any portion or all of an account remains unpaid 90 calendar days after billing, the Client shall pay all costs of collection, including reasonable attorneys' fees and our time and expenses to obtain payment. Insurance: Any insurance requests associated with these services shall be directed to accounting@ecotope.com. Reimbursable Expenses. No reimbursable or markup expenses are anticipated on this project. Page 201 ofpe, Inc / RFM Port Orchard City Hall Proposal / Page 4 of 5 Backto Agenda tAl-ilbl I A Instruments of Service. All Instruments of service prepared under this Agreement shall become the property of the Client and Consultant upon payment in full of all undisputed payments due to the Consultant. Termination/Suspension of Services. This Agreement may be terminated by either party at any time, with or without cause, with written notice submitted ten (10) working days prior to the termination date. Limitation of Liability. The Client agrees, to the maximum extent permitted by law, to limit the liability of Consultant for the Client's damages to Consultant's professional liability insurance coverages. Waiver of Consequential Damages. Consultant and Client waive consequential damages for claim, disputes or other matters in question arising out of or related to this Agreement. Assignment. Consultant shall not transfer or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of Client. Subcontracting to consultants normally contemplated by the Consultant shall not be considered an assignment for purposes of this Agreement, for as long as Consultant shall remain responsible under this Agreement. Client may assign this Agreement and instruments of service under this Agreement to any third party. Governing Law and Jurisdiction. The Client and the Consultant agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Washington. It is further agreed that any legal action between the Client and the Consultant arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction. Page 202 of27Wpe, Inc / RFM Port Orchard City Hall Proposal / Page 5 of 5 Back to Agenda N.L. OLSON & ASSOCIATES, INC. L� J ENGINEERING, PLANNING AND SURVEYING May 24, 2022 Attention JASON RITTER-LOPATOWSKI, Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 RE: Proposal — Scope of Work & Budget Geotechnical Engineering Services City of Port Orchard Shallow Or Deep Foundation Design 216 Prospect Street Port Orchard, WA 98366 Parcel Numbers: 4650-008-001-0106 Mr. Lopatowski: N.L. Olson & Associates, Inc (NLO) is pleased to provide you with this proposal for professional geotechnical engineering services for the proposed foundation design. As further discussed in the following, NLO provided a brief discussion of the field exploration program in Task 1, Laboratory testing in Task 2, Outside services Task 3, and the geotechnical engineering report in Task 4. TASK 1: FIELD EXPLORATION The subsurface field investigation will utilize one (1) boring. For NLO's scope of work, we have assumed the following for our fee estimate. • We anticipate the drilling operations will require about 1/2 day. • For the subsurface exploration program, NLO plans to verify subsurface soils and water conditions. • The Samples collected from the boring will be brought back to our office for further examination with selected samples utilized for laboratory testing. TASK 2: OUTSIDE SERVICES: NLO will subcontract a drill rig with operators. As part of the subsurface exploration, a total of one (1) boring are planed that will range in depth to about 75 feet or refusal. TASK 3: LABORATORY TESTING: Laboratory analysis will be performed on select soil samples from the subsurface exploration program for moisture content, and gradations. GEOTECHNICAL ENGINEERING SERVICES Page 203 of 274 Backto Agenda Request for Proposal - Geotechnical Services Foundation Design May 24, 2022 Page 2 TASK 4: GEOTECHNICAL REPORT PREPARATION A geotechnical report will be prepared given the results of the investigation. The report will present investigation findings and will provide conclusions and recommendations for design and construction. The geotechnical report will include the following: • A summary of the subsurface investigation, engineering analyses and report preparation, and will provide conclusions and geotechnical recommendations. • Deep foundation Recommendations if required. • Seismic design parameters, site preparation, wall design recommendations, foundation design, structural fill, drainage, slab -on -grade floors, and utilities. • Review available information for soil and groundwater conditions in the area of the project site. DELIVERABLES: A PDF copy of the geotechnical engineering report will be provided to the client. It is the client's responsibility to provide the geotechnical engineering report to the county not NLO. Proposed Budget for PS&E Services: The following is the breakdown of the Tasks with the associated estimated fees: Task 1 — Field work and Subsurface Exploration Program: $ 1,500.00 Task 2 — Outside Services $ 5,000.00 Task 3 — Laboratory Testing $ 1,000.00 Task 4 — Geotechnical Report Preparation $ 5,000.00 Total Fee for PS&E: $ 12,500.00 If you should have any questions or comments regarding this proposed scope of work and budget, please do not hesitate to contact me at (360) 876-2284. We look forward to working with the County on this project. Thank you. Sincerely, Wesley . Johnson, P.E. Geotechnical Division Manager N.L. Olson & Associates, Inc. N.L. Olson&Associates, INC. • 2453 Bethel Avenue, • Port Orchard, Washington 98366 Phone (360) 87 21o4 61327W60) 876 1487 Back to Agenda Transportation Benefit District Recommendation Scenario 1— Funding Bethel Phase I Councilmanic 1/10t" for 10 years - 3 Years Revenue $2.5 — 2.75 million Traffic Impact Fees—$2,034,000 Blueberry Impact Funds—$234K Total Revenue—$4.7-5 million Proiects Bethel Phase I - 100% AD Ready Design $2 million Bethel Phase I - Right of way $3 million Total Expenditures $5 million After design is complete evaluate a 2/10' ballot measure and a suite of project options with a shovel ready Bethel Phase I project. Potential funding $27 million. See scenario 2. Or Stay with scenario 1 with 7 years remaining on 1/101" sales tax Total revenue $8 — 11 million Less design funds from 1/101" tax $2.5 — $2.75 million Remaining 1/10t" funds $5.5 - $8.25 million Construction Est. for Bethel Phase I — $12 million or $10 W/O Ramsey Bypass Bethel Phase 4 Design (Bethel & Lund) Funded with Traffic Impact Fees $2 million Year 11 reauthorize Councilmanic 1/101" for 10 years to fund Phase 4 Construction Page 205 of 274 Back to Agenda CITY OF PORT ORCHARD Finance Department 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-7017 • Fax: (36o) 895-9029 finance 0 cityofportorchard.us www.cityofportorchard.us Transportation Benefit Sales Tax Discussion The following is being provided to analyze the cash flows of a potential TBD Sales Tax. Scenario 1: $8.3411 million for proiects • Councilmanic tax imposed in 2023-2032: o Years 2023-2032: o Average $830k-$1 million/Year o Total Revenue Estimate: $8.3- $11 million • Cash Flow all projects as decided upon (Design & Construction) Scenario 2: $27 million + ($2.5- $2.75 mil Design Phase + $25 mil Construction) • Councilmanic tax imposed in 2023: o Years 2023, 2024, 2025 use funds to complete design work: ■ Total Revenue Estimate: $2.5 - $2.75 million ■ Cash Flow Designs to Ad -Ready and seek voter approval • Ballot Measure November 2025 o Impose voter approved tax @ 0.2% o Include expectations to use tax for LTGO Bonds • New Voter approved tax effective 2026 o Years 2026-2035 Cash Flow: 10 years only o Average $1.6 million -$2.5 million/Year o Total Revenue Estimate: $16 million -$25 million • Construction bonds issued for 20 years supported by full 0.2% tax o Debt Service paid from 2026-2045 ■ $25 million in proceeds 2026 ■ Debt Service — $2 million • Timing of debt issuance could provide for additional cash flow and funding o Issuing multiple bonds over different years to meet construction cash flow needs within the approve 10-year period will allow for deferral of debt issuance and current cashflow to pay expenses. Net effect could be the tax and debt are extended further than the 2045 with more money available for projects. Page 206 of 274 Back to Agenda CITY OF PORT ORCHARD Finance Department 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-7017 • Fax: (36o) 895-9029 finance 0 cityofportorchard.us www.cityofportorchard.us ASSUMPTIONS: Councilmanic: 0.01 % • Per Year estimate: Starting 2023 o Taxable Sales Growth 0%: $830k o Taxable Sales Growth 5%: $872k-$961k (Years 1-3) • 1-3 years total revenue provided $2.5- $2.75 million • 10 years total revenue provided $8.3- $11 million • Maybe renewed after 10 years • May not be used to pay debt service to extend beyond 10 years Voter Approval of tax and use for Debt Service: 0.02% • Per Year estimate: o Taxable Sales Growth 0%: $1.66 mil (Year 1) o Taxable Sales Growth 5%: $2.020 mil (Years 4) • Maybe renewed after 10 years • Maybe used to pay debt service for the life of the debt (beyond 10 years) • Debt can be issued any year within the original 10 year authorization and tax will need to remain in effect until debt is paid off -including multiple debt issuance/ different years Debt Estimates • Current Debt Capacity est.— $33 mil o Factoring reduction of $12 mil (City Hall/CEC) o Debt Capacity est. — $21 mil o Debt Capacity forecasted & est. (2026) — $29 mil • $25 mil proceeds with 20-year debt o @ 5%: DS—$2.025 million o @ 4%: DS —$1.86 million o @ 3%: DS —$1.70 million Page 207 of 274 Backto Agenda Robert Gelder DISTRICT 1 Charlotte Garrido DISTRICT 2 Edward E. Wolfe DISTRICT 3 Karen Goon County Administrator KITSAP COUNTY BOARD OF COMMISSIONERS Ef f i ci en t , a cce s si b I e and effective county services May 25, 2022 Mayor Rob Putaansuu City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Sub: Transfer of Veterans Park — 252401-4-002-2008 — 1431 Retsil Road SE Port Orchard Dear Mayor Putaansuu: Over the course of the last several months, a group of County departments, volunteers, non- profit groups, and contractors have been working to remove the homeless encampment located at the Veterans Park. We are thankful for the teams of people who provided resources, guidance and most importantly compassion to support those in the park experiencing homelessness. To date, the residents have moved and dumpsters and temporary toilets will be removed shortly. Parks staff will be reopening the public restrooms and monitoring the Park to ensure that all uses are compatible with its primary recreational mission. As part of our ongoing efforts to consolidate resources towards Kitsap's regional facilities, we want to open negotiations for the transfer of the property to the City as it is wholly within city boundaries, the uses and operations impact neighboring city residents and the City is best positioned to ensure that the property maintains its recreational purpose in perpetuity. As the property has Recreational and Conversation Office (RCO) grants associated with it, a sponsor change amendment to the grant agreement is required including a statement from both County and the City. This statement must include the County's wishes to transfer the property and City`s acceptance of the grant responsibilities. To further this near -term negotiation, attached is a sponsor change authorization along with a copy of the scanned file of documents related to the original conveyance and RCO grants for the City's review. County staff will also be conducting conversations with RCO staff to ensure that appropriate documentation is completed and forwarded to the City. If the City could provide a contact for future discussions that would be appreciated. 614 Division Street, MS-4 • Port Orchard, Washington 98366-4676 • (360) 337-7080• FAX (360) 337-4632 From: Olalla (253) 851-4147 • Bainbridge Island (206) 842-2061 www.kitsapgov.com Page 208 of 274 Back to Agenda Mayor Rob Putaansuu May 25, 2022 Page 2 If you have any questions, please contact Karen Goon, County Administrator, at kgoon(a-,co.kitsap.wa.us or (360) 337-7080. Sincerely, k4 EDWARD E. WOLFE Chair Attachment CHARLOTTE GARRIDO OBERT LDER Commissioner ommissi er Cc: Alex Wisniewski, Parks Director Eric Baker, Deputy County Administrator Richard Becker, Veterans Assistance Program and Advisory Board Coordinator Veterans Advisory Board Members 614 Division Street, MS-4 • Port Orchard, Washington 98366-4676 • (360) 337-7080• FAX (360) 337-4632 From: Olalla (253) 851-4147 • Bainbridge Island (206) 842-2061 www.kitsapgov.com Page 209 of 274 Back to Agenda WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) Resolution No. or Document Nam Project(s) Number(s), and Nam This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or ritle, of Person Authorized to Sign Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement)- _ Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Page 210 of 274 Backto Agenda 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProiAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property Page 211 of 274 Back to Agenda acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project propertyl Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title On File Date This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: Washington State Attorney General's Office Approved as to form �a— 2/13/2020 Assistant Attorney Genera( Date You may reproduce the above language in your own format; however, text may not change. Page 212 of 274 Backto Agenda, t'C:i STATE OF WASH1NGTON DEPARTMENT OF NATURAL RESOURCES BERT L. COLE, Comissloner of Public Lands Kltsep County Route 40 Box 2626 0 R 0 E R llrewertons, WA 98310 It is ordered that Park Lease No. 60256 covering a portion of the W}SE4 of Section 25, Township 24 North, Range 1 East, W.M., be canceled. JUSTIFICATIONt This Institutions land has boon deeded to Kltsap County. Dated thisV'dar of ,( id-Z_1 �.t A* 0., 1977. k jJ App. No. 60256 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES By-2• �� Ca missioner of Public Lands Page 213 of 274 Back to Agenda USE DRO The GRANT(A, the State of Washington, couveys to the Board of County Wsuis- sioncrs for Ritsap County the following described lands: All Chat tract or parcel of land lying and being in the County of Rit*ap, State of Waahin,•,tos. sud being that portion of the wet half pf the southeast quarter of Sactim 25. Towsbip 24 MaXth, RoaDe 1 Fast, Willasatte Meridian, wid beiaS more particularly daseribod ss follows: Beginning at the northeast corner of said vest half; thence south 0'29'OB" vast :loos the east line of said vast halt 2517.68 feet; Ow-,ce :ouch SS'13111" vast 79.56 feet to the north aar^,in of state road :o. 140. for- marly known as state road No. 14. chance along said north margin. north 89'54144" it) west 60.00 feet; tboace south 0'05116" vast 30.DO feat= theaee north 89'i044" L') wout 100.00 feet; thence south 0'05116" vest 10.00 four; thanes north 99*54144" G3 west 101.13 fact; thence leaving said north worgia, north 0*33134" vest 100.00 i9 fout; thence north 69*54144" rest 120.00 feat; tbance north 0'33'34" vest $27.46 feet; thence north W40157" west 140.07 feat to the easterly margin of Ratsil Road; thence north 0*33134" west 0.58 fast; thcmea on a curve to the loft of aniform radius of 316.69 feet. as are distance of 232.15 feet; thence north 42*33134" west 357.61. fact; thence on a curve to the right of uniform radius of 300.55 fast. an arc distance of 223.50 fast; thence north 0002152" anst 1034.70 feat; thence on a curve to the right of tviforw radius of 200.36 feat. an arc distance of 313.30 feat; thence south S8.55153" east 123.38 fcrt; thence north 1'04'07" cast 20.00 feet, thence south 88'53153" east 692.06 foot to the point of begiaaias containing 49.609028 acres, sore or lccs. Taa'rbo" 4b0gaCfhad, j ,:7pb811 be beld by XU*ap County for so 10 rrcy "r*k 4Sed. `T�Cr4.ttidnal Purposac, and if she arsutne. or any cybec a:Frn l'kn, •: 1.R4., to u ohs lend fa# sunk pxtAo4t ' tl�a sae of, tiff" la�af oAa17 br ry si�AL, r, 4, ;:P& the land *bell revert to the State. This dead is executed and delivered pursuant to Chapear 17. Laws of 1975, lot 87rrodiaary Session (44th 1ogislative `r W1r.*.L% the Seal of the State of Vnsbftatm, affixed this day ofr'2-4- ; 1976. ' di i9 FY o.+vv�� 14rwrad as 'to florae .-"Itt4os Attorney Ceuaral STAYS OF K.iSHOCTOM Attest _:� i,� .-^-LL. Secretary of state. State Record of Deeds, Valum 11, Page 378 Dyed .o. 25037 .-za Irk �;W . Frmo "bjkr/ .fiA 1Yr.7a. df'.kaII Rllf0MV34 Page 214 of 274 Back to Agenda ApAl 29, 1977 Mr, B= Mahon# Chem K. C. Board of Con dssioners 624 Division Street Port Orchard, Washington 98366 M Natural Resources Doan Bill: Plesse find attaob.d letter and transaction documents on the park lease 602%# which is Retsil. Park. Are you aware of this transaction, and, if so, has worything boon rocorded7 If possible, I would like to get a copy of the determination for our files. Sino orely, Stanley S. Johnson Manager & Director K. C. Fair & Parks Dept. Si/AH/do Eno. Randy A. Hatfield Parke Supervisor Page 215 of 274 Back to Agenda ...... .... BERT COLE A., VON L-MIK FRASER OLYMPIA, WASHINGTON 98504 April 21, 1977 Kitsap County RQute 4, Box 2626 Bremerton, WA 98310 Gentlemen: Enclosed Is CA)wnissioner's order No. 77-143 under Application No. 60256 which has been executed by the Commissioner of Public Lands. Very truly yours;, BERT L. COIX CommissJoner (if. Public Jonds Donald F. McKay Office Kinager 1) Fm: j m.-; Ene. App. M). 60256 cc: Sotith Pogo Sound Aran U 0 AN EQUAL OPPORTUNITY EMPLOYER Page 216 of 274 Back to Agenda Land Title Company of Kitsap County Lr%i'r NRSHIP • TRD$T a COMWTbMW Agent for Old ltopabHo National 71119 Giorance Company Call/small your title questions to: 9667 Levin Road NW #100 - Sllverdale, WA 98383 (360)692-2233 Fax: (360)692-2244 titleailv@landlitleco.net Our File No.: E-260052 Seller Name: Kitsap County Buyer Name: Map County Parke Department Address Reference:1431 Retail Road SE Port Orohard, WA 98388 Contacts: Kksap County Parke Department 614 Division Street MS-1 Attn: Leigh Snyder Port Orchard, WA 98388 Phone Number: (360)337-5365 Conteot Cover Sheet (E-2t; M.PME 20=21/) Page 217 of 274 Back to Agenda Litigation or Trustee's Sale Guarantee Office File Number: E-260062 * PolicyNwOor: A46061-LTSG 08036295 (2) * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF UABILITYANO OTHER PROMSIONS �c OF THE CONDITIONSAND STIPULATIONS HERETO ANNEXEO AND MADEAPARTOF THIS GUARANTEE, OLD REPUBLIC NATIONAI, TITLE INSURANCE COMPANY, a corporation, herein called the Company, for the fee paid for this Guarantee, the number, amount and effective date of which are shown heroin, herby Guarantees The padlos herein called IheAssured, against loss not oxcooding the liability amount staled herein which ttar Assured shall sustain by reason of any Inoorreolneas In Ilse assurance which the Company hereby gives thel, according to the public record on the effective date slalod herein. 1. The titre to the heroin described estate or Ir9wesl was vested in the voelce named, subject to the matters shown as Fxcoptlons herein, which Exceptions are not nacessarity shown In the order of their priority. This Guoranloa is Issued w11h the expectation that, within 60 days and based upon the facts set forth heroin, a Nolh:e of Truslsds Sate will be prepared and recorded or an action will be commenced In a Court of competent PAMotlon. H a Notice of Sole is not recorded or such action is not commenced, all liability and obligagon of the Company hereunder shall oosso and terminate 80 days after the effective date shown herein or as may have been extended hereto. This Guarantee shall not be valid or binding until countersigned below by an authorized officer or agent of the Company. Issued through the offices of: Land Title Company of Kltsap County 9667 Levki Road NW #100 Silverdale, WA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 98383 a Corporation 380 892-2233 400 Seoond Avenue South, Mlnneepolle, MN 55401 (012) 371-1111 Countersigned: � • vro,ra�nt Muir ORT Form 29551/93 s Page 218 of 274 Back to Agenda oar Eocs1 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records, (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (o) (1) Unpatented mining claims; (2) reservatlons or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records, 2. Notwithstanding any specific assurances which are provided In Schedule of this Guarantee, the Company assumes no liability for lose or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the Imes of the land expressly described in the description set forth In Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the tight to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In sold description. (b) Defects, lima, encumbrances, adverse claims or other matters, whether or riot shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured, or (3) which do not result In the Invalidity or potential Invalidity of any judlclai or non-judiotal proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used In this Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to In Schedule (A) (C) or in Part 2, and Improvements affixed thereto which by taw constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to In Schedule (A) (C) or in Part 2, nor any right, title, Interest estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (a) "date": the effective date, 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing In case knowledge shall come to an Assured hereunder of any claim of title or Interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause lose or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be ptvbn to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required, provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do any other act which In Its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce lose or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provisions of this Guarantee. If the Company shall exercise Ile rights under this paragraph, It shall do so diligently. (b) If the Company elects exercise Its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable oause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor Will the Company pay any fees, costs or expenses Incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have Nought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, In its sole dlaorellon, to appeal from an adverse judgment or order. GUAR Schad of Exclusllons, Conditions and Stipulations (Roy 12-16.95) Page 219 of 274 Back to Agenda ORT EGCS2 GUARANTEE CONDITIONS AND STIPULATIONS (Conti nisatio n) (d) In all cases where this Guarantee permits the Company to The Company shall have the option to pay or settle or prosecute or provide for the defense of any action or compromise for or In the name of the Assured any claim which proceeding, an Assured shall secure to the Company the right could result In lose to the Assured within the coverage of this to so prosecute or provide for the defense of any action or Guarantee, or to pay the full amount of this Guarantee or, if this proceeding, and all appeals therein, and permit the Company to Guarantee Is issued for the benefit of a holder of a mortgage or use, at Its option, the name of such Assured for this purpose. a Ilenholder, the Company shall have the option to purchase the Whenever requested by the Company, an Assured, at the Indebtedness secured by sold mortgage or said lien for the Company's expense, shell give the Company all reasorable old amount owing thereon, together with any coats, reasonable In any action or proceeding, securing evidence, obtaining attorneys' fees and expenses Incurred by the Assured claimant witnesses, prosecuting or defending the action or lawful act which were authorized by the Company up to the time of which in the opinion of the Company may be necessary or purchase, desirable to establish the title to the estate or Interest as stated Such purchase, payment or tender of payment of the full herein, or to establish the lien rights of the Assured. If the amount of the Guarantee shall terminate all liability of the Company Is prejudiced by the (allure of the Assured to furnish Company hereunder. In the event after notice of claim has the required cooperation, the Company's obligations to the been given to the Company by the Assured the Company offers Assured under the Guarantee shall terminate. to purchase aaid indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, 5. PROOF OF LOSS OR DAMAGE together with any collateral security, to the Company upon a rent of the urohasa doe In addition to and after the notices required under section 2 of these Conditions and Stipulations have been provided to the Company, a proof of toss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (00) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating tho amount of the loss or damage. if the Company Is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company'e obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a dale before or after Date of Guarantee which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Ns permission, In writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonable pertain to the loss or damage. Ali Information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable Judgment of the Company, It Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. GUAR Solied of Exclusions, Conditions and Stipulations (Rev 12-16.96) Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Then the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or In the name of an Assured claimant any claim assured against under this Guarantee, together with any costa, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7, DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary lose or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assuranoes set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a)he amount of liability stated In Schedule A or In Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or Interest covered hereby ae stated herein and the value of the estate or Interest subject to any defeat, lien or encumbrance assured against by this Guarantee. Page 220 of 274 Back to Agenda ORTEOC82 GUARANTEE CONDITIONS AND STIPULATIONS (Continuation) 8. LIMITATION OF LIAHIILTY (a) If the Company establishes the title, or removes the alleged defect, Ilen or encumbrance, or ours any other matter assured against by this Guarantee in a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, It shall have fully performed Its obligations with respect to that matter and shall not be liable for any lose or damage caused thereby. (b) In the event of any Iltigallon by the Company or with the Company's consent, the Company shall have no liability for lose or damage until there has been a final determination by a oourt of competent Jurisdiction, and disposlllon of all appeals therefrom, adverse to the title, as stated herein, (c) The Company shall not be liable for loss or damage to any Assured for liability voluntailly assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and oxpenses pursuant to paragraph 4 shall reduce the amount of liability pro tanto, 10. PAYMENT OF L088 (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogatlon shall vest In the Company unaffected by any act of the Assured olalmant. The Company shall be subrogaled to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been Issued. if requested by the Company, lheAssured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogailon. The Assured shall permit the Company to sue, compromise or settle In the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does riot fully cover the loss of the Assured thb Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. GUAR Schad oMoluslans, Condiflons and Npuietions (Rev 12-1&06) 12. ARBITRATION Unless prohibited by applloabie law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbilrallon Aesociallon. Atbitrable matters may Include, but are not limited to, any controversy or claim between Ilia Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the amount of liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In excess of $1,000,000 shalt be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties, The award may Include attorneys' fees only If the laws of the state In which the land Is located permits a coud to award attomeys' tees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court having Judedicllon thereof. The law of the allus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) Tide Guarantee together with all endorsement, If any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company, In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole, (b) Any olalm of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee, (o) No amendment of endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT All notices roqulred to be given the Company and any statement In writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at the offloe which issued this Guarantee or to Its Home Offlco., 400 Second Avenue South, M►nneapolls, Minnesota 66401, (612) 371-1111. Page 221 of 274 Back to Agenda ISSUED FROM THE OFFICE OF LAND TITLE COMPANY OF KITSAP COUNTY AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LITIGATION/TRUSTEES SALE/CONTRACT FORFEITURE GUARANTEE SCHEDULE A Office File No.: E-260062 Reference No.: Policy No.: A46061-LT8G 08035296 (2) Date of Policy: February 3, 2018 at 8:00 a.m, Amount of Insurance: $10,000.00 Premium: $ 260.00 Tax: $ 21.76 1. Name of Assured: KITSAP COUNTY PARKS DEPARTMENT 2. The estate or Interest In the land which Is covered by this poNay Is: A Fee 3. Title to the estate or Interest In the land Is vested In: KITSAP COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON 4. The land referred to In this policy Is described as follows: SEE LEGAL DESCRIPTION ATTACHED ON EXHIBIT "A" AND BY REFERENCE MADE A PART HEREOF U89stiorYTrusteWs Sale/Contraot Forfeltufe 0uaranlee Sohedulo A (E-260052.PFO/E-26005A I Page 222 of 274 Back to Agenda LITIGATIONITRUSTEE'S SALEICONTRACT FORFEITURE GUARANTEE Office File No.: E-260062 Policy No.:A46061-LTSG 08036295 (2) EXHIBIT "A" DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OR THE SOUTHEAST QUARTER, SECTION 26, TOWNSHIP24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, CONVEYED TO KITSAP COUNTY IN DEED RECORDED UNDER AUDITOR'S FILE NO. 1168966 AND FURTHER DESCRIBED As FOLLOWS: ALL THAT PORTION OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF KITSAP, STATE OF WASHINGTON, AND BEING THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH 0029'08" WEST ALONG THE EAST LINE OF SAID WEST HALF 2517.68 FEET THENCE SOUTH 68-13-11" WEST 79.66 FEET TO THE NORTH MARGIN OF STATE ROAD NO. 160, FORMERLY KNOWN AS STATE ROAD NO. 14, THENCE ALONG SAID NORTH MARGIN, NORTH 89.64'44" WEST 60.00 FEET, THENCE SOUTH 0006'16" WEST 30.00 FEET; THENCE NORTH 89°64'44" WEST 100.00 FEET; THENCE SOUTH 0.06'16" WEST 10.00 FEET, THENCE NORTH 80°64'44" WEST 101.13 FEET, THENCE LEAVING SAID NORTH MARGIN, NORTH 0-33-34" WEST 100.00 FEET; THENCE NORTH 89"64'44" WEST 120.00 FEET, THENCE NORTH 0633'34" WEST 627.46 FEET; THENCE NORTH 88040'67" WEST 140.07 FEET TO THE EASTERLY MARGIN OF RETSIL ROAD; THENCE NORTH 0033'34" WEST 0.58 FEET, THENCE ON A CURVE TO THE LEFT OF UNIFORM RADIUS OF 316.69 FEET, AN ARC DISTANCE OF 232.16 FEET, THENCE NORTH 42°33'34" WEST 367.61 FEET; THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 300.66 FEET, AN ARC DISTANCE OF 223.60 FEET; THENCE NORTH 0-02'62" EAST 1084.70 FEET, THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 200,30 FEET, AN ARC DISTANCE OF 318.30 FEET, THENCE SOUTH 89.66'63" EAST 123.3B FEET, THENCE NORTH 1°04'07" EAST 20.00 FEET; THENCE 8OUTH 88°66'63" EAST 692.00 FEET TO THE POINT OF BEGINNING, I.I0qMMnuste0% S#WOWreet ForleNpre Oueranleo b IA440 DwrlpUon (Ff260052.PF0JE MW52t6) Page 223 of 274 Back to Agenda LITIGATION/TRUSTEE'S SALEICONTRACT FORFEITURE GUARANTEE Office File No.: E-260062 Polloy No.: A46061-LT8G 08036296 (2) SCHEDULE 5 SPECIAL EXCEPTIONS: 1. Easement, Including Its terms, covenants and provisions as disclosed by Instrument; Recorded:Maroh 22, 2006 Recording No,:200603220007 In Favor of.Annapolls Water District For:water line Affec(s:20 foot wide portion of said promises 2. Matters disclosed by Survey recorded March 8, 2003 In Volume 69 of Surveys, page 60 under Auditor's File No. 200303060140. �) }�)})� 3. Unrecorded Lease disclosed by Instrument; Recorded:March 6, 2003 Recording No.:200303060148 Lessor:Kitsap County Lessee:Mr. and Mrs. Clair Gillette 4. Covenants, conditions and restrictions contained In the following Instrument, but omitting covenants or restrictions, If any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, he national origin, ancestry, or source of Income, as set forth In applicable state or federal laws, except to the extent that said covenant or restrlotion Is permitted by applicable law, Recorded:Februery 10, 1977 Recording No.:1168966 6. Reversionary rights by the State of Washington should the property no longer be used for reoreatlonal purposes as disclosed In Use Deed recorded under Auditor's File No. 1168966. 8. Possible Ilabltlly for U.L.I.D. In favor of the City of Port Orchard. Please call (360) 876-4991 for more Information, 7. Matters disclosed by Survey recorded November 22, 1978 In Volume 10 of Surveys, page 163 underAudllor's File No. 7811220167, B. Matters disclosed by Survey recorded February 10, 1986 in Volume 24 of Surveys, page 046 under Auditor's File No. 8602100004. 9. Exceptions and Reservations as contained In Deed; From:United States of America Recorded:March 31, 1949 Recording No.:488068 Records of: Kltsap County, Washington NOTE; The present ownership of sold Interests and matters affecting said Interests are not shown herein. 10. Easement, Including Its terms, covenants and provisions as disclosed by Instrument; Recorded:March 31, 1949 Recording No:480868 For:exiating water and sewer lines Affects1he legal descriptlon contained therein Is Insufficient to specifically locate said easement 11. Easement, Including Its terms, covenants and provisions as disclosed by Instrument; Recorded:April 25, 2011 Recording No.:68210 In Favor of:Slate of Washington For:watermaln Affeols:the legal description contained therein Is Insufficient to specifically locate said easement l 9QW1oNrrusteiA 3ale/Contraol Fodelture Ouaranlee Sohedule 8 (E-260052.P IE-2800 M) Page 224 of 274 Back to Agenda SCHEDULE B (Continued) 12. Taxes, Interest and penalties, If any, which may result from the loss of the tax exemption for which this properly has qualified. Amount:$0.00 Tax Account No.:262401-4-002-2008 Affects:sald premises Levy Code:0810 Assessed Value: $0.00 13. The subject properly Is presently classed as exempt from standard taxation, it may be subject to the collection of back taxes for a three to ten year period, depending upon the actual use classification of the property after sale and during Its exempt status. END SPECIAL EXCEPTIONS SG/Jt A. NOTE: The following information will be required on the first page of all recorded documents per RCW $6.18 AND 06.04 - Document Standardization: Brief Legal; NW/SE & SW/SE 26-24-1 E Tax Account No.: 262401-4-002-2008 1.I11galto0rustoes Satelooniraot Forfelluro Guarantee Schedule 8 (E-200052.PPUlE-20005218) 9 0 Page 225 of 274 Back to Agenda Courthouse Hours of Operation AUDITOR - Monday - Friday, walk -In and eRecording, 8:00am - 4:30pm TREASURER - Monday - Friday, walk -In 8:00am - 4:30pm and eRecording, 8:00am - 4:00pm Kitsap County Auditor Recording pees Effective: June 13, 2014 Effective: October 0, 2015 Document - Real Estate and Miscellaneous - First Page $72.00 $ 1.00 Each Additional Page $73.00 Document - Deed of Trust - First Page $ 1.00 Each Additional Page Please visit the Kitsap Auditor Home Page for more Information regarding recording requirements and fees. wwwAlteapgov.com Land Title Company & Kitsap County Courthouse Holiday Schedule New Years Day (Fride January 1, 2016 Martin Luther King (N January 18, 2010 President's Day (Mon February 16, 2016 Memorial Day (Monde May 30, 2010 Independence Day (Monday) July 4, 2016 Labor Day (Monday) September 6, 2016 Veteran's Day (Friday November 11, 2016 Thanksgiving Day (Tt November 24, 2016 Day After - Thanksgiving November 26, 2018 Christmas (Observed December 26, 2016 $73.00 $ 1.00 $74.00 $ 1.00 3 Page 226 of 274 Backto Agenda Privacy Statement Land Title Company of Klisap County as agent of Old Republic Title, Ltd. PURPOSE OF THIS NOTICE Title V of the Gramm-Leaoh-Bliley Act (GLBA) generally prohibits any financial Institution, directly or through Its affiliates, from sharing nonpublic personal Information about you with a nonaffiliated third party unless the Institution provides you with a notice of Its privacy policies and practices, such as the type of the Information that It collects about you and the categories of persona or entities to whom it may be disclosed. In compliance with the GLBA, we are rovldhtg you with this document, which notifies you of the privacy policies and practices of OLD REPUBLIC TITLE, LT We may collect nonpublic personal Information about you from the following sources: Information we may receive from you such as on applications or other forms. Information about your transactions we secure from our flies, or from (our affiliates or), others. Information we receive from a consumer reporting agency. Information that we receive from others involved In your transaction, such as the real estate agent or lender. Unless It is specifically stated otherwise In an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above Information that we collect about our customers or former customers to our affiliates or to nonaffillated third parties as permitted by law. We also may disclose this Information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged In banking, consumer finance, securities and Insurance. Non -financial companies such as envelope stutters and other fulfillment service providers. WE DO NOT DISCLOSEANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BYLAW. ' We restrict access to nonpublic personal Information about you to those employees who need to know that Information ' In order to provide produots or services to you. We maintain physical, electronic, and procedural safeguards that ` comply with federal regulations to guard your nonpublic personal Information. ; ORT287-C 6/07/01 (E-280052.PFD1E-2oo M) Page 227 of 274 Back to Agenda Page 228 of 274 Backto Agenda Tax Statement page 1 of 1 Vlow: Recetptial on file (CIIck here to Pay by Crodit Card - 3rd parYtr fee appilesj [Click here to Print [Click here to Pay by E-Chock - $1. 0 fool IAA cuuN,� Meredith R. Green, CPA 2016 WEB TAX STATEMENT MAKE REMITTANCES PAYAHI.E TO: Kftsap County Treasurer Pr�,ted:ozro4/zato TMAsmnow+614 Division Street, MS-32 VETERANS MEMORIAL PARK Port Ordtard. WA 98360 Account Numbor '• For Inrormatlonal Purposes Only'• 2524014-002- Procose Number 1161884 2008 Taxpayer Name: ETERANS MEMORIAL PARK Tax Property Description 25241 E PT OF IN112 SE1/4 DES AS FOLS BEG AT NE COR OF W112 TH S O'29'OB W ALO E LN OF 8D Wt/2 2517.68FT TH 8 68'13'1 t W 79.66FTTO N MAR OF ST RD NO.14 TH ALG 8D N MAR N 89'6444 W BOFT TH S O'05'16 W 30FT TH N 69'64'44 W iOOFT TH S O'05'18 W 10FT TH N 89'64'44 W 101,13FT TH LEAVING SD N MAR N 0'3334 W 1 OOFT TH N 89164'44 W 12OFTTH N 0183'94 W 527.48FT TH N 88'44'67 W 140.07FT TO ELY MAR OF RETSIL RD TH N 0'33'34 W 0.58FT TH ON A CURVE TO LEFT OF UNIFORM RAD OF 316.69FT AN ARC DIS OF 232.16FT TH N 42.3Y34 W 357.61FT TH ON A CURVE TO RT OF UNIFORM RAD OF SWAOFT AN ARC DIS OF 223.50FT TH N 0.02'82 E 1084.70FT TH ON A CURVE TO RT OF UNIFORM RAD OF 200.38FT AN ARC DIS OF 318.30FT TH 8 88.65'53 E 123.38FT TH N 1'04'07 E 20FTTH S 00'65'63 E 692.08FT TO POB VALUE INFORMATION OR TAX 2016 201 Lana: $o.. $0 Bulldings, eta: $0 TOTAL VALUE-, $0 $0 SO GENERAL TAX DISTRIBUTIO 2016 2010 sots Taal $.00 2016 Total: $.00 i Current Taxes 8SESSMEN7 2018 201 amtTotal $'00 $.0 TOTAL TAXABLE VALUE:(Land + Bull fte, elo. minw QuoWft Exowopny) 016 Qenbra prd j#erl� y x + $0 to nPleessmenti a 00 General Levy Rate per 41000 TOTAL AMOUNT DUE: No Taxes Levy Code 0810 11.8273 Owing (Click bste for Levy InforTnWordFlot hal texas paid *WAW1306YA locur kdaml ON Voted Rate — 31.7 % Voter Approved 4445.0 oifty oomPuNd °Q FULL y entoont (ROW Parcel Locallon:1431 RETSIL RD SE http:/lkewpptilm.co.kitBap.Wa.us/pls/iiiswA[o.generate_Nveb—stntemente ,pkg,web--9tatc.., 2/4/9016 Page 229 of 274 Back to Agenda 9fl sEtD " i The 0RA TMp ilia state of Washington, conveys to the soerd of County Caala- aianlro far Meals county the following deseribed landgl All that traot of parcel of land lying and being in the County of Meals, state of Washington, sad bolus that portion of the Vogt half of tits sovthabet quarter of seatien 25, Township 24 North, Ranga 1 Emets Willamette Nstidlons and being nova partioulorly desarlbad as follovat Aogimins at the northeast corner of said vest hplfl thence booth 0 20'08" vast along the east line of sold wool half 2517.68 laoil thetaa south 51'13'11" vast 79.56 loot to the north margin of state road No. 160, for- tarly hag. as *tote road No. 14, theaee, along said north margin, north 69'56144" vest 60.00 foot! thatea aeulh 0.05'16" vast $ 0.00 teed thence north 89'14044" Vat 100,00 teaq tbeace, south O'OS'16° vast 10,00 pail thence, north 89 3444" 1 Vicet 101.11 test) theca leaving maid north margins north 0'33134" vast 100.00 pat theta north 89'54'44" vast 120.00 foot) thence north 0'33134" weak 527.�6 fasq !fiance earth 08'40'S]" wet 140.07 pat to the *totally oargin at Retall Roadl thence north 0131131" vast 0.56 feat) thence an a malls, to the left of vaifom radius of 316.69 fast, on are distance of 2$2.15 festl thence north 42•33'3411 voot 357.61 Caul thence an a curve to this right of aniforn radius of 3W.33 tact, as eta distance of 223.30 fsetl thence north 0,'02132" seat 1004.70 foot) aheaea on a carve to tba right of units= radius of 200.36 feet, in aro distance of 311.30 teed thence soutb 08'55'W' sort 1231.30 tact; thooco north 2*04107" meet 10.00 feoti thence mouth M'35153" cast 692.06 feat to the point of baginnius eontoining 40.609029 agrees tore or leas, The clove deaeribed Undo .ball. be held by Ritamp County for go loos as claw era used for raorcational purposes, and it the Sweetens or bay nAoagwst gratal eaneq to use the !gad for such purposes, the great of the 34ed 611411 be torsionted thereby, and the, lend shall covert to the State. Thig deed is oxoauted and delivered peso,! to Chapter 27, Laws at 1975, let sxtraordioary $claim (44th legislative amino). WITNESS the goal of the state, of Ngshlogton, mftlxod this T�� 4sy at , 1916. ' sYATN of WASRUMM PF- oOTp R' Attu! 'Soerotory of 8te,ta as to livid jatgnt AZ Aby Ceemyal State Record of Aeada, Volume Us hp 376 good No. 25037 "hrsol�Ab � 1-11Mz6h • t A I , 0 Page 230 of 274 Back to Agenda 111JNIIII1JNIlNllllllllJflJllllNlllllflllllilllllll Pad2 00803Q20007 After Recording Mall'To: A -ES R�41 fSfif t33.fo 'm James Rods Kltaep County Public Works 614 Division Street, MS•26 Port Orchard WA 98366-4699 Lt)(C'SE TAX EXEMPT 1"'tH 212NO WATER LINE EASEMENT KNOW ALL MEN BY T"E PRBSBNTS, that the Orantor(s), Kt7'SAV VQUNTY. A POLITI"UVBDIVISIONOFT} STI TUOr A,9UING]'SL for anti inconsldemlion of Mutunt Benefits, in consideration of the grant of this easement, Grantee shall install a water line, and valve at a location mutually agreed by Ilia parties and at no cost to the Grantor. Gratitco shall furnish water to Grantor at Grantee's sole cost and expense. Grantor grants and conveys unto ANNAPOLIS WATER DISTRICT, and their helrs, successors, and ssslgns, it non-exeluslvo Water Lino lissement under snd across the hereinafter described lands for the purpose of installing and maintaining it water pipeline stunted In the NW l4 of them i4 of Seciion 2S, Township 24 North, Rango I Bast W,M. Mtssp County, Stato of Washington, described as follows: DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "WI SUBJECT TO THE FOLLOWING CONDITIONS DESCRIBED IN EXHIBIT "C" Attached Hereto And By This Reference Made A Part Thereor, Dated this_. i& day of MIMA By: hkAuSeL Chair wwwasl--`"'- STAT13 OF WASHINOTON )ss COUNTY OF KITSAP By; P11"op Comm ssioner rI:OA A AFsnOYtn DY IMSAP COUNTY DUARTMIRr OPMAI-1CwoAw ki Assessor No. 252401 4.00Z-2008 On this _a— day of toa4 C.h. , 20 Q!0, before rnc, the undersigned, a Notary Public In and for the State of Washington, dWL000rttmissioned and swum, personally appeared :S _,� L -f eq-tu z �t and F i0ii i-i l, &.1 —.to me Wovrrt to be the County Conunissioncrs respectively, of Xitsap County that executed the foregoing instrument, and acknowledged the said instrument to bo the froo and voluntary no sold dcod of Kitaap County, for the uses and purposes therein mentioned, and on oath, stated that they are authorized to execute tho said Instrumentand (flat the seal affixed is the County Seal of Kitsap County. Witness my hand and offtoial seal hereto affixed the day and year firm above written. 1 ir0 '��lro, Notary Public In and for the tote of Washin t , residing at zeA—��� oUBIJA My Commission expires: Page 231 of 274 Back to Agenda EXHIBIT' ._ A strip of land, 20 feet in width, lying within the Northwest quarter of the Southeast quarter of Section 26, Township 24 North, Range 1 Past, W.M., in Kitsap County, Washington, the sidelines of which lie 10 feet on each side of the following described centerline: Beginning at the Southwest corner of the Northwest quarter of the Southeast quarter of said Section 25; thence South 87°20'38" Past along the South line thereof a distance of 513.22 feet; thence North 2°30'22" Fast 26.86 feet to the True Point of Beginning of said centerline; thence North 8O°42'34" West 176.07 feet, more or less, to the easterly right-of-way of Retsil Road C and the terminus of said centerline. `` ` ` 2.UOf Q32200U7 t 43 22/2�5tr� ° t �"Jt1 1i1`'�111�1111�� . . WIP CO, i Ili�l ,h tgV Page 232 of 274 Back to Agenda 30' 30' 'Veterans Memorial Park' 1 r-20' Easement 1 z �' •1�.+ FOR T14E INSTAISAMON AND Scab: 1' = OPERATIO?1 OF A WATER MAIN: N8904234"W — [ 178.07 -------- ------- --- -- N4° =w E SOUTH LINE NW ` =------,.___ — — S 87°_'9'38" E 51322' -- --- if ..— J� I ' SW CORNER NW 19 SE I/4 t t EXHIBIT �S j ��►N.L Qhon &Associates, lrec. Portion of the NW 1/4 of The SE 114 awhm, ;t, pL-=9 and sw r` Section 25, T 24 N, R 1 E, W.M. peo7wvsassaa(360! Kitwp County, Washington ZWft*dA*=&M W447hnad.dwAwow .... .. ...... __ _. _..Page 233 of 274...E ._ ......._ .... .. Back to Agenda EXHIBIT "C" I. The Grantees (a), ANNA1'01,18 WATL1t UI,STRICT their successors, and assigns, am granted the right 10 Install, hnprovp, mnbltain ,alidlor repair in place a water line under and across Veteran's Memorial Park, uttdor 1116 jurisdiction of Kitsap County Fair Parks and Recreation, Tax Parcel 252401.4-002,2008, legally described within the WATER LINE FASEMENT. See attached Exhibit "A" 2. The Omotee (s),.the[r successors, and assigns will be financially liable for the relocation and recwialttictlon of suid wnt0 line upon the request of the Grantor. The Grantee (s) will be liable .and rc9potisiblo for any malfung.don and/or repairs of said water line. 3. The Grantee (a), their successors, and assigns will at all times exercise their rights herein according to the requirements of all applicable statutes, orders and regulations of any public authority having Juristliction. 4. To tlae fullest extent permitted by law, Grantee (s), their successors, assigns and heirs, shall indemnify, defend and hold harmless Kitsap County and all officials, agents and employees of Kitsap County, from and against all claims srlsing out of or resulting from the performance of the granting of the WATER LINE iTASEMENT. A Claim as used In this document means any financial lose, claim, suit, action damage or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or Injury to or destruclion of tangible property including loss of use resulting there from. Grantee (a) obligation to indemnify, defend, and hold harmless includes any claim by ilia Grantee (s) agents, employees, raprocenladvas, or any subcontractor or Its employees. 5. The Grantee (s) expressly agrees to Indemnify, defend, and hold harmless Kitsap County for any claim arising out of or incident to Grantee (s) or any subcontractor's performance or failure to perform the conditions herein. Grantee (s) shall be required to indemnify. defend. and hold harmless Kitsap County only to the extent claim is caused In whole or In part by negligent acts or omissions of Grantees) their successors, and assigns. 6. All work to be performed by the Grantee (s), their successors, and assigns will be compacted in a careful and competent mannor, free of claims or lions. The Grantee will submit to Kitsap County a plan and profile of the proposed work, with a cross-sectlon depicting the construction. upon completion of any work performed by the Grantee (a), the Grantee (a) will remove all debris and restore the easement aron to the condltlon It was before commencement of such construction. 7. Any use of the easement area, Including installation and/or maintenance will not hNorfam with the use of the Kitsap County property. 8. If the Grantee (s), their successors, and assigns abandon said water line within the easement area, Grantee (s) will notify Kilsep County Department of Fair Parks and Recreation of its intentions within forty-five (45) calendar days of said removal and abandonment. All cost of abandonment and removal will be the responsibility of the Graniea. 9. This WATER, LINE EASE' MUNT Is limited to the Grantee (s), their successors, heirs, and assigns, and on the property under Kitsap County Assessor's Number 252401-4.002-2008. IAI�IIiIIdIMNpIIIIRIIRII��NINIIIIINI �,:a�' Page 234 of 274 RECORD OF SURVEY A PORTION OF THE W 1/2 OF THE SE l/. OF SECTION 25, TOWNSHIP 24 NORTH ( � RANGE 1 EAST OF THE W.M. f K17SAP COUNTY, WASHJNGTON USE DEED DESCRIPTION i. aarers cycaw�eva'.oaae.. ' aWe ram.,r"c.fsz rav C9rc teaat4 ra,g x.acaa� Tita�e� x!_!�x wiac, taA, EQUIPMENT t r as 1609 a, wmwmxmom Iwo a.ac WNW aaReaas .aaar.aa BASIS OF BEARING mWmm,r'waaasw airaonw sow OMM—P-1owatiae»s— SURVEYOR'S NOTES ..k." v.� r4 I Back to Agenda IL -- - ; T a. i SSF1�1 I CF I N� ��� �C GAl/1OC GMOOI 7/iLL Aim »L'Z ,sa I INTRUSION DEML AREA 11'=30' LINE TABLE.REFERENCES am w VQNP Ol we um as 00% "A now MOMMEmmm- OgMW�C 101Lf Om6 oVAimR NNW � CURVE TABLE -!WWI wjm2F� ;r _ GrL� SCAM w w �00Y°at w�i � i an► - -an 73waa' � G LEG131ID----- 57t 160 AUDlrws cEr2 ncATE T'"'"Aaw. SURVEYOR'S CER'nMCATE � a, aA-�aaw. v. _ npafet,�a�aae.cs+�er�+y uop,oexawa 'A''�C!` aa.�.sswsu�Ex' a°Ro1Vpaogts'wsxrtis�O�oo¢ajO°"ac'�wct"'wtc�`ua�ro xs,'�t'wO1�,.,r'�',5„'�j� nntea•�vaanraoawaw«m.w.c,n; �: ,eaeawaa'^ a rawnaaM,�c xRaooeiocvcsoacawo.a armravnGa.waw �aGwt9ca73Ct +F.YGIS�EfR5 JPl'.1NFFERSa aco ataa�r ar>mranmrae.ea¢iimo�mr.. a AH +LANDSCAt�E ARCNf7EG.TS' e.. isa«,saaw •LAtaA'SJR�!cYORS� ma aa,marsaav o� .�raavumi�r saa.av•xmw�aw. °i asWaaasTiaac+oaa :on aoa�,:tax ,w *� .«,cm,e.,e-reeolas�' .�3•.,P 20034 as :at Page 235 of 274 Backto Agenda ^ ar fa�we k40 ' b 40 G�+^ J' •' z' � 4 b 3 , � ! � • s ss E 1. cm l PIP - x �...� Mao-as'c.-w sew--- HIGHWAY 160 5 ooari Nowt a W W.tar�wrfw aYaw. riu� w, v aMts.t7a SURVEYOR'S CERTIFICATE Tab.gwM�wb�w..n fNwMM A�r�1YfgYil YlalfYM .�.b.110. SWWtT KFCOaOWC /GTU:M/pM11 �/� �lS46_T�__— AUDITORS CERTIFICATE 'LFlA�rn'ArNhl�y1 Ta!R!^.—Y.]C — +1 �,am�eY,acc u. psi _ _tict suwv of A PORTION O THE SW4—SE4 SECTION 25—T24N—R i E-WM. jmuay = I= ►.L%= 3095 Page 236 of 274 Backto Agenda r, F arr 3040 97 i SCALE t •30 cck" �- "� av axss eo�a t --� wkt! '`�4T j9A►,."*RJ►�6. , •4 �� ? 6 Q J„'r" •�!�' 400 y 3 AA V Y\ , 'pal J 0� .-`' ��y�j•. '� ��� ����' .r { . 00 o w K; o R 4 1 o, - AWd.fluNe.7 d-'•�' �2� i� Ya►wp Iwl= ' II •j � •Wl'to IRA-4t�30'•1K arm .i' ..• �, w.,r. it Niwics'serf/! Af6W3-• _� 25.i� HIGWWAY 160 cFswo: - - - - --•-1------ - -- - — - - - - ---- - — - - t�.cs..xin..r O amew &"AwswNawry • c• k• SURVEYORS CERTIFWATE AUDITOR'S CERT/FLCATE SURVEY OF �' *w wpaa•arrwwwaraa a✓�a1 *aa�4wi r �ww. a► R�aa fU..aanf ►ara. ..Aaf of—rwmw - �>•iG _ a•aaa..,,w.ra.r.«rn�.ntirwu.u..raaSwrvnaa�7,7eR�tt'r'r•.tLrovWxvS�«s►1F�...we 4 4 •teaee.uc ac «..:..awr ar- • r ra...a.a+r a►_.11.a- A PORTION OF THI= S.W. -S, E. •eM+►�° �_ / S� � .`� r — SEMONP3-%24NrR/E.-W.M. NOVEMBER 12.190 rtr�srwars�-yraracait �� awrnow_—.�?Y�':L•3�� ,.. _ _ .� arwwrart.rraaarryar, �ror*arY Mts•aa B6oPJoao9� — roc pact s 3620 ._ �'_..._ r.,iaw so. ZY-0'Y6 Page 237 of 274 Back to Agenda .'ii f•i~ ., \, �Srr ¢i !S !j(' t ,l 31 y '! F' }1'll.r ��u��'` r�r .1 .�� 1 • IF1! ' � '� ,�t��'1 ,1x�3, ib�� .S-1�It11 1` t�{ �4}i•��#�`t>•� +it t{l. .��'��t5� � i"� !, i'. .ti �! ,4,4 �w,e ,?' �i �'1 �Y�kk1'.f {,t,:'r" E�� 1 E la'.r ��jj��``gg// `Y �•t'� �[ 2 �}/ 'p";�'' ��. r': . a T,1, ' � .T ` •.t r ,tl I�.i�, !" `��� p +,y1 i �lj�:t ��i �'r1:a. 2' o � `1t �{, � ? '$ � . • -d1t`I �t ;. , "1 L.f r�, w •? , +, •••t:•r�o�il)1,ykl(M _ i�•� t�;�r_i'.�'••',i 4'{' ►F114+Jf'i,,f 1 tfNblt ALA. 1�1 I�r THLe6 �tWtbiflts,;:t4.t: for e�la isptl�bil<j�t�p,ir tlRe., •',r:�E,` • s►pe of i3f+IlJ.dA. reoeipt er )ithleli 1•a htfaMl• Mtioiow'1ad�oAt ,l+ho,llilZif30',aY�A�`I�'•+ r•' �Y. ° j } i r ji 11r A=11GA, aottak by an through qu'Putlio Wo"itts A4aintsOrittons 4"s ' Aoroby �enSae,• rrleyee and quitol►in unto the yt►tY' of $Aeh , tbo ,•�' �` ' rallootnr doearltod •proprSty ■ituate In bho• 00-IW or )[itae>� t` bi ef' _• ' Washington, to w1•0t _ ' 1 ► ' , •a a 41 •that trait or panel oi' wand ly}ag, aLtd bai»f1n►ih# O"by at' ! ritsap, State or'Neahin6ton. khd••t�U,s'that pterVitud or this peat halt ` at lhil'Southtalt gaapter 'di 141stosi 15, 'rl;naklp eh'Notth; :t*JLe 1 rasL, W.y., and tpins•noro pariteularly doa•irlbod 0,411611404i; - hooaatng at the Rortheoit ♦orndr of laid Hest halt, thppoe,-a0uth 0`s 1y• 06 Wer►�tt alms tho.Bast•llae or sa►d w.;.% half 451?.66 root!, MnI ihe, South 500 131 flit 79.;r6 fopt to the NOFth vArgdn or Sµte Re.•d 11111 i4anos a1a1g eald North reargtn, Werth $90 5%" ldta •. host 60.00 feotNth000t Oouth 00.051 16" )lest 30.00 foot, thi11400 North ,t+'r %1 ldt',Wo%t IQ0900 fopti !heel* ,Mouth 0 OJ• 16• •HbsL' 1U.0O3hert`fi1,ao1oo,1(irtfi 090 %, e1IJI" HeeL 101.13 foot) thonee lotifag tale' Korlfi oorgih.-forth Oo 33' 311e weat 100.00 riptf thilaoo North ' '•;t ve..1j," W601 1.90.00 root, thaw• North Of 331 3114 West 527e116 (set, thraoe.'N%rbb Obu 110, 510 XosL 11JO,u'; feet to the H4#tar1y' 1' adizgtn`laf Retail' Jtoad,, thonoo Nortil do 331 ;Jl" Host 0,a8 reed —4-0 ,• i1 s111 • eurYu to Lha 1erL air uniformraditu or }lii.lrry root, hn rto t!)et+u.oP ol, 43e.ly reet, tt.olroo North le, 34, Via Wept 55'/.62 foot, t' tl.bnap rat a owrri, to the rlfht of .Wn(fora radius or jUO.tr*,. Caul•, on - ' am atrtatpodof ,!3.50 fojtl thevta• North Oo WO OL* SWel, IOQ11,W) (tier;, s Lhon"t, vr.; a nerve to the r►rht• of ,mifors, r►dtas Of 900, $6 rat, a» ►fv .+ Oget.rler of 3ta,)U rt!t) theme 1' Itu, r••a yy• 53, Kae1! 1zs., ,:-fte1, ' thsmoo`Hw•th rd'(i1. O%1' lday4 20. root, 1.146110o north B86 Jlrt '13," Y*i, ` . We.V(r l'prL to U.* point or wginnius, oontate U.g 11:I,,f10'XY.4t t¢c roY ygrsr • Isesaf vi,,`[ Inge titw AraaLor and its ►s&ICAaae, oil, seauiansl: ror water' Jlorp 41us 'aeaos lines as now 1fHotod within tits elwro d•a"rlr,ed ' Iwoport-t with top right or in,;resa add• orrvoa rnr Lhs pfrl•o10 of operolits, ntlatitialaf., repairinrr, yvidesia6 or reo.uging sells w,,Lor kif.00 avid tonal- lines. APar,ruoprvllty, ualt. Live bh)Lvd ;,L'alaa af•ArnrinL ■fl uranlut., (y,�1urltra, , + • r slid ■ i) o0tot•olalert►f s dnternined pursuoeit to roteLl at t,.lb) 1 1 of Ow Atonlb Knprly AoL of t;tt(f (ts) titan 161) to be pvtullsrly eaapnLlsl to • Lhe prtr,laollAqu of flrs)unA),J• naterial, 4rntatned, In rbrtevot -oil- In dopo.iti itr Lht )otda•enraratl by •lhts Ins L•riviont Lre j Ito, y roaarvoJ rnr the vas of Was,Unttod stater, tvjo%Aor AiLn Lhe gISIN. or• ito titlted iUltaa througt Its, auLhorfeWvpgeats.or roprtros.- tAlevi 016 shy tine'to eaLor upon tho lea,, ind prool•ooL rot•, also, aid ti rot.ove Use ses.e, haua,: )wet •ItosytasrLlw, ibr any daft•,;• of lw„Itr) \.% gaeawi.,aad'tr.rrat.,y: Rorover, ■i'h Iind Mir bo'aeed, "nA eny'rltALa '•t othrriise'atyutrad toy bhla dJspositar rail! be *tore)scd, air if nu raa,- '1 • oriaLlon or owls oMtartala he A boron mda-1 •soap, DADA, Mizell su"h uso. ' 1•00111ta In tha ortrLaLipn pf aay'awh'rstor)aLl rruo, tha land in yswst- Ii.ioe rhigb ZiWr* Us LransfAr'red or de1-Ivarod wjthuut o lioonoe +a,dor Idte'Atwdo ,Mora. Ask or 1qij6, ;1LOO1 apw oatsta on•mLy horaaCLvr be rr Page 238 of 274 Back to Agenda 1 l 1 1 • ' t t111 ' 4 ' a.y .or //•�rr•t r1� . 1�t9� a� c.'} ..';fir• tmrreDAr>s'¢r.uB:ktca 1 • 1 1 �� " a j • y'1sr PUBI.TC N /l (? 111 YI�J;l I17i ' ' ~::ni � •��.?;tl.{,� t fNy r � orl. •R o .Til�i`�id.. t • ' BTATO W luAUp10m l '" 1 't:WNTY'41' fiINO r •• 'f •' GI lhlr"+1 daytif�J(�ct•r 1r}fi9 wrars no;, cif, �i ��rK•F�fa(,lic • i •►'Nd.6ar��s�tt snJ�forilla',tun4yof Y.laRi :6U,le�u�hlii��to(, .Npo►r•d. 1 11• Di Nodo»li, .ts'tl. par.n■r Ily fgYlwt, +•Fio hula)! duly sttora, ,d)d;say Olt� ilo + 1} Wk IIYVoti01•• Off t.hs SipieWo )llold• pftlno/I Fvl•lto liousjny,iul<it■ddtrstlZr, 'i • or.044 (ii{fisd $1IAt rh ar AsWMq% siiq uljpl• uO y'1Q lnitrlwoisQ'W1Lt ►ltilod on' • bohalf of th• Uuttod Muss of Anorlda, by autA6ribj or lair, WW Old Y.•C, ' . •Red"D s.1,lmoalodrty this lnsbrum"t .ta be tho trio sat 4W ds411 of kite lhlW r Btatos of'A arloa, slid that'the sswl •aftlitod to the orNild seal Wow • .Pyb116 dousing At¢sitaLst'r#Uqm. .: , ri tBBtUIa11Y +nlLNilor ] hsrs ror.ust.•,.4 ioy *14 LLed "'frltisd w ur;l•1ia1 •qmL, this, tho dsy sad•posr.tirlt to this, :ll��iftlflaa`1s• ,.titan. r•+j� ���•411 �lsrion .rpirN ,� % /�.• Ij �.- �+��-�t• .yl� r',.'_• } a. �'1�'I t `t t nnnx„ i' t /7C� /��■ p...: (,�, ` •.<+• .�;�( .rC..li� If '�,,,y('at ',..' �'�d'el•l;t•M+''r,,t�•+���/ I M �'f''if.'1.,,� .{ I�a��+l;x'. r:..�s�'• if . r t� •' s .iXi4 1' ' i, � �:D'il it Ito ' C a, ro•' ..•. � t + • ' / r, r ' ,� • � �lr •+tR'�e�; �!'2r'•i •` 1 a. '1;'' !�; .t • ✓ .: j. u i , •c I I I 14 W Page 239 of 274 Back to Agenda Page 240 of 274 Back to Agenda Offico Flle No.: E-260052 Reference: Lender Ref; EXHIBIT "A" DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OR THE SOUTHEAST QUARTER, SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, CONVEYED TO KITSAP COUNTY IN DEED RECORDED UNDER AUDITOR'S FILE NO. 1168965 AND FURTHER DESCRIBED AS FOLLOWS: ALL THAT PORTION OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF KITSAP, STATE OF WASHINGTON, AND BEING THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH 0.29'08" WEST ALONG THE EAST LINE OF SAID WEST HALF 2517.68 FEET; THENCE SOUTH 58013'11" WEST 79.66 FEET TO THE NORTH MARGIN OF STATE ROAD NO. 160, FORMERLY KNOWN AS STATE ROAD NO, 14, THENCE ALONG SAID NORTH MARGIN, NORTH 89-64'44" WEST 60.00 FEET; THENCE SOUTH 0°05'16" WEST 30.00 FEET; THENCE NORTH 89°64'44" WEST 100.00 FEET: THENCE SOUTH 0°06'18" WEST 10.00 FEET; THENCE NORTH 89°64'44" WEST 101.13 FEET; THENCE LEAVING SAID NORTH MARGIN, NORTH 0°33'34" WEST 100.00 FEET; THENCE NORTH 89°5444" WEST 120.00 FEET; THENCE NORTH 0033134" WEST 527.46 FEET; THENCE NORTH 88040'57" WEST 140.07 FEET TO THE EASTERLY MARGIN OF RETSIL ROAD; THENCE NORTH 0"33`34" WEST 0.58 FEET; THENCE ON A CURVE TO THE LEFT OF UNIFORM RADIUS OF 316.69 FEET, AN ARC DISTANCE OF 232.15 FEET; THENCE NORTH 42°33'34" WEST 357.61 FEET; THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 300.65 FEET, AN ARC DISTANCE OF 223.50 FEET: THENCE NORTH 0°02'52" EAST 1004.70 FEET; THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 200.36 FEET, AN ARC DISTANCE OF 318.30 FEET; THENCE SOUTH 89°65'63" EAST 123.38 FEET: THENCE NORTH 1°04'07" EAST 20.00 FEET; THENCE SOUTH 88955'53" EAST 692.06 FEET TO THE POINT OF BEGINNING. Page 241 of 274 Back to Agenda RESOLUTION NOeL7 C/ 1977 W!{ERHAS, a budget is required for Human Bervice Center Construction fund number 302-060-300. THEREFORE, HE IT RISOLM by the Board of County Commissioners in regular session assembled, that Human Service Canter Construction budget as submitted is accepted and approved, ADOPTED this t?.7 Clt day of July, 1977. ATTEM TED WRIGHT County Auditor 6 Ex-Officio Clark of the Board SXc <x AUDITOR BOARD OF COUNTY COMMISSIONERS KITS" COUNTY, WASHINOPON I SSI HER COMMONER Page 242 of 274 Back to Agenda Page 243 of 274 Backto Agenda ^111lual "UUg%:t M91, Leve! Code ]Estimated COUNTY KITSAP YEAR r.�. 1977 PAGE +••. Revenue FUND 302-060-300 HUMAN SERVICE CWHR CONSTRUCTION ACCOUNT NO, DESCRIPTION YEAR YEAR YEAR YEAR 1977 Be Sub. Ele. ACTUAL, ESTIMATE TO JUNE 30 ESTIMATE 300 00 Revenaa 330 00 Intergovernmental Revonue 334 00 state Grants 334 60 Mental & Physieal Health 119,000 Page 244 of 274 Backto Agenda PRISM Project Snapshot - Washington State Recreation and Conservation Office Page 1 of 4 WASHINGTON STATE Recreation and Conservation Office Project Snapshot PRISM Project #01-1160 (Completed) Veterans Memorial Park 01 Project Details Project Status: Closed Com f Project Type: Development Prolect Sponsor: Kitsap Count 1664) Altachment #226349, Baseball diamoM Project Description Funding Board: Recreation aI Board Funding Land and Water Conservation: $277,19: Total RCO Grant: $277,19: Sponsor Match: $277,19: Total Agreement: $554,381 Links Original Project Agreement Amendments: 4 Attachments: 29 files This project will renovate two softball fields at the existing Veterans Memorial Park in Port Orchard. The fields will be designed for girl's softball, but will be available for use by other groups as well. Project elements including engineering, site preparation, irrigation, and field turf. An accessible pathway will link the renovated fields to the existing parking are and restrooms. Project Contacts Project Sponsor: Kitsap County Parks and Recreation Project Terri Lyman Contact: (360) 337-5358 Funding Agency: Recreation and Conservation Office https://secure.rco.wa.gov/prism/search/ProjeetWpsUiaspx?PiojectNumber O1-1160 10/5/2020 Back to Agenda PRISM Project Snapshot - Washington State Recreation and Conservation Office Project Kim Sellers Manager: kim.sellers@rco.wa.gov (360) 280-6466 Project Location General Area: Site is located east of downtown Port Orchard in Kitsap County County: Kitsap Legislative Districts 26 2012: Congressional 06 Districts 2012: Sections: 25 Township: T24NR01 E Coordinates: 47.54041965 -122.61764286 Worksites Worksite Name Scope of Work Veterans Memorial Architectural & Engineering (A&E), Baseball Park (Kitsap County) field development, General site preparation, (#1) Install fencing/barriers, Install site furnishings, Landscaping improvements, Multi -purpose field development, Obtain permits, Trail development Total mry rot bocanpWe Properties Worksite Name Veterans Memorial Park (Kitsap County) (#1) n" rot b. cmVift Project Permits Permit Type Building Permit Property Name Property 1 - Veterans Memorial Park Actual Development Cost $126,685 Landowner Type Local Government Total Applied Received Expiration Date Date Date Permit Number $126,685 E E Page 246 of 274 https://secuiv.rco.wa.gov/prism/search/ProjectSnapshot.aspx?ProjectNumber=Ol -1160 10/5/2020 Backto Agenda PRISM Project Snapshot - Washington State Recreation and Conservation Office l'agc 3 of 4 Clear and Grade Permit SEPA Special Use Project Milestones Milestone Name Target Date Description Project Start 08/16/2006 RFP Complete/Consultant Hired 08/31/2006 Consultant hired prior to project start date A&E Complete/Permits Submitted 08/31/2006 Permits submitted prior to project start date Plans/Specs Reviewed Mgmt Agy 08/31/2006 Bid Awarded 09/15/2006 Construction Started 10/15/2006 Proposed Completion Date 12/30/2006 Annual Project Billing Due 06/30/2007 Annual Project Billing Due 07/31/2008 Agreement End Date 12/31/2008 Approved by the RCFB 3127/08, Resolution #2008-010 Final Docs/Billing to Mgmt Agy 02/28/2009 Project Attachments Attachment Type Attachment Title Attach Date Agreement - State 01-1160 Recreational Use Agreement.pdf 12/23/2014 Agreement - State Agreement.pdf 03/04/2010 Amendment - State Veterans Memorial Park Amendment.pdf 10/09/2007 Correspondence 7/7/11 Letter Re: Veterans Park Grant Restrictions. pdf 06/16/2014 Correspondence 0 Kitsap Co Parks letter.pdf 09/05/2013 Correspondence Veterans Letter to KCO re Water.pdf 10/12/2011 Correspondence 01-1160veterans_closeout _nps.doc 08/11/2011 Correspondence Veterans Park Grant Restrictions Letter.pdf 07/13/2011 Correspondence -Recreational Use agreement.pdf 03/04/2010 Deed Use Deed.pdf 03/04/2010 Inspection Report Inspection Report, #368 (Submitted 06/09/15 06/09/2015 14:42:40).pdf Inspection Report 011160-ispci rprt.pdf 12/10/2008 Inspection Report Veterans Dugout ADA Access.jpg 11/07/2008 Map: Boundary map existing amenities.jpg 10/02/2006 Photo Beautiful grass soccer field Jpg 06/09/2015 Photo Baseball diamond.jpg 06/09/2015 Photo Veteran's Memorial Park sign by Kitsap Co..jpg 06/09/2015 Photo Cell Tower Removed.jpg 10/12/2011 Photo Ballfield Access.jpg 10/14/2008 Photo Veterans ADA Parking & Access.jpg 10/14/2008 Photo ADA Access to Athletic Fields.jpg 10/14/2008 24 of 74 https://secure.rco.wa.gov/prisnVsearch/ProjecT§e aili o .aspx?ProjectNumber=01-1160 10/5/2020 Backto Agenda PRISM Project Snapshot - Washington State Recreation and Conservation Office Page 4 of 4 Photo Veterans Fields.jpg 10/14/2008 Photo Area to renovate.jpg 10/18/2002 Photo Old play equipment.jpg 10/18/2002 Photo Fields.jpg 10/18/2002 Photo Main parking area.jpg 10/18/2002 Photo soccer field.jpg 10/18/2002 Plan Preliminary design.jpg 10/02/2006 Date of last change: 11/1312018 Page 248 of 274 littps://secure.rco.wa.gov/prism/search/ProjectSnapshot.asps;?ProjectNumbet=01-1160 10/5/2020 Backto Agenda RECREATIONAL USE AGREEMENT Kitsap County/South Kitsap Soccer Club Association Regarding Veterans Memorial Park (Retell Park) Soccer Complex THIS' AGREEMENT* Is entered into by and between Kitsap County, through the Kitsap County Parks Department, and South Kitsap Soccer Club Association In regard to the Veterans Memorial.Park's Soccer Complex area. WHEREAS, there exists a need for additional play areas for soccer; and WHEREAS, the Kitsap County Parks Department is desirous of further developing the Soccer Complex located at Veterans Memorial Park (Retsil Park); and WHEREAS, mutual benefits will accrye to the parties hereto If Kitsap County funds and South Kitsap Soccer Club Association funds are combined for development of the Soccer Complex; and WHEREAS, Kitsap County is authorized to establish And develop parks and playgrounds for public recreation; NOW. THEREFORE, in consideration of the mutual covenants •herein contained, Kitsap County and the South Kitsap Soccer Club Association agree as follows: Section I, Ownership and Control of Property. Kitsap County 's•property shall remain under its sole ownership and control and the interlocal agreement between Kitsao,county and South Kitsap School, District (contract 'MKC0056—Bo) regarding this property shall remain in full force and effect. --Rage 249-of z; 4 - - Back to Agenda Section 2. Use and Scheduling of the Soccer Complex. The South Kitsap Soccer club Association shall receives priority use of the Soccer Complex-frouf 7uly 1 through December 31 of each year during the term of this agreement. open days in the schedule shall be available for use by other teams, organizations or Individuals for play upon their request. The Soccer Compleg shall be open to the general public at all other times subject t6 maintenance requirements. The South Kitsap Soccer Club Association will advise Kitsap County of its proposed schedule in regard to the Soccer Complex on or before the -� day of of each year during the term of this agreement. Section 3, Deuslopment, The South Kitsap Soccer club Association will provide $10,000.00 towards the development of the Soccer Complex and a storage -shed, Section 4. User Fees. No user fee will be charged to the South Kitsap Soccer Club Association in lieu of the contribution to Kitsap County Parks Department towards development of the Soccer complex. SectJon 5. Storage Shed- The South Kitsap Soccer, Club Association shall have the right of sole use of the storage shed referenced in section 3 of this agreement. If the storage shed is not used to its full capacity (50% or more), the Kitsap County Parks Department may utilize the excess area. fhb` building shall remain the sole property of Kitsap County Parks Department.. Section 6. fffectiue Date. This agreement shall be effective upon subscription by the South Kitsap Soccer Club 2. Page 250 of 274 Back to Agenda Association and Kitsap County. Section 7. Term. The term of this agreement shall be for a period of twenty—five (25) years. At the end of such term, this agreement may be renewed for a like term at the option of the South Kitsap Soccer Club Association. Section s. Concessions, The South Kitsap Soccer Club Association shall have the right to operate a concession stand at the Soccer Complex during the hours the Association uses the Soccer Complex pursuant to this agreement, and shall be entitled to' the proceeds of any such concession sales. Section 9, Integration. This agreement constitutes a complete Integration of the terms and conditions agreed upon between the parties and can only be amended by an instrument in writing executed by both parties. DATED this "d of 19 0(0 BOAR OF COUNTY COMMISSIONERS KxTSAP COUNTY, WASHINGTON ATTEST,;,. of, the Board Commissioner Page 251 of 274 Back to Agenda SOUTH-KITSAP SOCCER CLUB ASSOCIATION 4. Page 252 of 274 Back to Agenda LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT GENERAL PROVISIONS Part 1- Definitions A. The term "NP.S" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director, C. The term "Manual' as used herein means the Land and Water Conservation Fund Grants Manual (NPS-34). D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated grant, or project stage which Is subject to the project agreement. E. The term "State" as used herein means the State or Territory which Is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement: Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project creates an obligation to maintain the property described In the project agreement consistent with the Land and Water Conservation Fund Act and the following requirements. Further, It Is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost -share, in a participant's outdoor recreation, It Is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further Impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to -which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or Is Integral to such acquisition or development, and that, without the. Page 253 of 274 Back to Agenda approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained In public outdoor recreation in perpetuity or for the term of the lease In the case of leased property. The Secretary shall approve such conversion only If it Is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. This replacement land becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee. Prior to the completion of this project, the State and the Director may mutually alter the area described In the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property subject to reversionary Interests with full knowledge of those reversionary Interests, conversion of said property to other than public outdoor recreation uses as a result of such reversionary Interest being exercised Is approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to seek approval ofrepiacement property in accord with the conditions set forth in these provisions. The State further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Service, after the conversion of property takes place. The provisions of this paragraph are also applicable to; leased properties acquired and/or developed with Fund assistance where such lease Is terminated prior to Its full term due to the existence of provisions In such lease known and agreed to by the Service; and properties subject to other outstanding rights and Interests that may result In a conversion when known and agreed to by the Service. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase In the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an Immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees. that payment by the Stale to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be Inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy In the event of a breach by the State of this agreement shall be the specific performance of this agreement. D. The State agrees to comply with the policies and procedures set forth In the Land and Water Conservation Fund Manual. Provisions of said Manual are Incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities described In the project agreement shall be operated and maintained as prescribed by Manual requirements. F. The State agrees that a permanent record shall be kept in the participant's public property records and available for public Inspection to the effect that the property described In the scope of the project agreement, and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. N nd s¢riminnfinrt 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscriminatign as outlined In the Civil Rights Assurance appearing at Part lil-I herein. -2 3/95 Page 254 of 274 Back to Agenda 2. The State -shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual: Part III - Project Assurances The State shall comply with applicable regulations, policies, guidelines and requirements Including OMB Circular A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior), A-87 (Cost Principles for State and Local Governments), and A-128 (Audits of State and Local Government) as they relate to the application, acceptance and use of Federal funds for this federally assisted project. 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, Including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act In connection with the application and to provide such additional information as may be required. 3. The State has the ability and intention to finance the non -Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities aoquired or developed by the project. 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. For project elements added to a consolidated grant, the project period will begin on the date the project element is approved. 2. The State shall transfer to the project sponsor identified In the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover administrative expenses. 3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. Page 255 of 274 Backto Agenda 6. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 6. In the event the project covered by the project agreement, including future stages of the project, cannot be completed In accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 7. The State will provide for and maintain competent and adequate architectural/engineering supervision and Inspection at the construction site to Insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been compiled with for property to be developed with assistance under the project agreement. 9. The State will comply with the provisions. of. Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The State will comply with the flood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1913, Public Law 93-234, 87 Stat. 976. approved December 31, 1970. Section 102(a) requires the purchase of flood Insurance in communities where such Insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been Identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan,'grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The State will Insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The State agrees to comply with all applicable standards, orders, or regulations Issued pursuant to the Clean Alr Act of 1970. The State further agrees to Insert this clause Into any contract or subcontract in excess of $100,000. 12. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended,(16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to Identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. -4- 3/95 Page 256 of 274 Back to Agenda 13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows: (1) Place minority business firms on bidder's mailing lists. (2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. (3) Where feasible, divide total requirements Into smaller needs, and set delivery schedules that will encourage participation by these firms. (4) For any project involving $500,000 or more in grant assistance (except for projects involving acquisition only) the State or recipient shall submit, prior to the commencement of construction and every fiscal year. quarter thereafter until project completion, reports documenting the efforts to hire minoiily business firms. These reports, SF 334, will be submitted one month following the end of each fiscal quarter (Le., January 31, April 30, July 31, and October 31) to -the appropriate National Park Service Regional Office. (5) The Department of the Interior Is committed to the objectives of this policy and encourages all recipients of Its grants and cooperative agreements to take affirmative steps to ensure such fairness. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action In placing a fair share of purchases with minority business firms. 14. The State will comply with the Intergovernmental review requirements of Executive Order 12372. 1. Contracts for construction shall comply with the provisions of 43 CPR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior). 2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12649. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part ill-J herein. 3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General Government Appropriations Act), for procurement of goods and services (Including construction services) having an aggregate value of $500,000 or more, the amount and percentage (of total costs) of federal funds Involved must be specified in any announcement of the awarding of a contract. 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained In accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period If audit findings have not been resolved. 3/95 Page 257 of 274 Backto Agenda 2. The retention period starts from the date of the final expenditure report -for the project or the. consolidated project element. 3. State and local governments are authorized to substitute microfilm copies In lieu of original records. 4, The Secretary of the Interior and the Comptroller General of the United States, or any of their duty authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgratltees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts, 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by ihe,Service. 2. The State may unilaterally terminate the project or consolidated project element at any time prior to the first payment on the project or consolidated project element. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever It is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State In writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be In accord with the legal tights and liabilities of the parties. 4. The Director or State may terminate grants in whole, or In part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, In the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NIPS may allow full credit to the State for the Federal share of the noncancelabie obligations, properly Incurred by the grantee prior to termination. 6. Termination either for cause or for convenience requires that the project in question be brought to a stbte of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. G. l nbbying yvith Apprn rn iata Rindn The State must certify, for the award of grants exceeding $100,000 In Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows: -6- 3/95 Page 258 of 274 Back to Agenda The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal. appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing orettempting to Influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "In accordance with Its instructions. (3) The undersigned shall require that the language of this certification be Included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subraciplents she# certify accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by Section 1352, title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a cIv# penalty of not less than $10, 000 and not more than $100, 000 for each such failure. In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows: The grantee certifies that 8 will or continue to provkle a drug -free workplace by.• (a) Publishing a statement nolllying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohlbited7n the grantee's workplace and spec"g the actiorw that w#I be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to Inform employees about: (1) The dangers of drug abuse In the workplace, (2) The grantee's policy of maintaining a drug -free workplace, (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace; (c) Making It a requirement that each employee to be engaged In the pertormance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee In the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring In -7- 3/95 Page 259 of 274 Back to Agenda the workplace no later than five calendar days after such conviction; (e) Notifying the agency In writing, within ten calendar days,after receiving notice under subparagraph (d)(2) from an employee or otherwise, receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall Include the identification number(s) of each affected grant, (0 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted; (1) Taking appropriate personnel action against such -an employee, up to and Including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through Implementation of paragraphs (a), (b), (c), (d), (e) and (0. The State must include with its application for assistance a specification of the sfte(s) for the performance of work to be done in connection with the grant. I. rivii Rjgatc Assuranr a The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws lnclude, but are not limited to; (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin, (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Ad of 1975, as amended (42 U.S.C. 6101 at seq.), which prohibits discrimination on the basis of age, and applicable regulatory requirements to the and that no person in the United States shall, on the grounds of race, color, national offgln, handicap or age, be excluded from participation• In, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will Immedlately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applkent's operations Including those parts that have not received or benefitted from Federal financial assistance. If any.real property or structure thereon is provided or Improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or In the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance Is extended to It by the Department. THIS ASSURANCE Is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, Including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal Mandel assistance will be extended In reliance on the -8- 3/95 Page 260 of 274 Back to Agenda representations and agreements made In this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance Is binding on the Applicant, Its successors, transferees, assignees, and subreclplents and the person whose signature appears on the grant agreement and who Is authorized to sign on behalf of the Applicant. R)lIM.: a 7 7: ,7,E.-iTGiiT:Tiki. Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of Its knowledge and belief, that It and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falslflcatlon or destruction of records, making false statement, or receiving stolen property; (c) Are not presently Indicted for or otherwise criminally or clvflty charged by a govemm6ntal entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applicatfonfproposal had one or more public transactions (Federal, State or local) terminated for cause or default, (2) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. The State further ragrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below In any agreement entered into with lower tier participants in the Implementation of this grant. Department of interior Form 1954 (DI-1954) may be used for this purpose. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this application that neither It nor its principals Is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from padkipation In this transaction by any Federal department or agency. (2) More the prospective lower tier participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this application. -9- 3/95 Page 261 of 274 Back to Agenda LWCF Project Agreement Recreation Resource Account Project Sponsor: Kitsap County Parks and Rec Project Title: Veterans Memorial Park Project Number: 01-11601) Approval Date: 1/30/2002 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered Into between the Interagency Committee for Outdoor Recreation (IAC), P.O. Box 40917, Olympia, Washington 98504-0917 and Kitsap County Parks and Rec, 614_ Division Street, Port Orchard, WA 98366 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT • This Agreement sets out the terms and conditions by which a grant Is made from the Recreation Resource Account of the State of Washington's General Fund. The grant Is administered by the LAC to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project Is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on -going obligation for the above project Is perpetual unless otherwise Identified In this Agreement, E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin_on August 16, 2006 and end on March 31, 2007. No expenditure made before or after this period is eligible for reimbursement unless Incorporated by written amendment Into this Agreoment. F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed S277,193.00. The IAC shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as Indicated below: IAC - Land and Water Conservation Percentage 50.00% Dollar Amount $277,193.00 Project Sponsor 50,00% $277,193.00 Total Project Cost 100.00% $554,386.00 G. RIGHTS AND Ot UGATiONS All rights and obligations of tho parties to this Agreement are subject to this Agreement and Its attachments, Including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, ail of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided In writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by IAC's Director: The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. LWOF PmIW Aareement ChapW 79k28 RCW, Ctwler.286 WAC 1ROJAG t.RPT Recreation Resource Account Page 1 of 2 Page 262 of 274 Backto Agenda Land anw 'Water Conservation Program:.' [AlulwOREE0TION post -Evaluation Project Summary 1 rY TITLE: Veterans Memorial Park NUMBER: 01-1160D (Development) STATUS: Director Approved SPONSOR: Kilsap County Parks and Rec EVALUATION SCORE: 10.0000 BOARD RANKING: COSTS: SPONSOR MATCH: Land and Water Conservation $277.193 50% Appropriation 1 Cash Local $277,193 50% Total $554,386 100% DESCRIPTION: This project will renovate two softball fields at the existing Veterans Memorial Park In Port Orchard. The fields will be designed for girrs softball, but will be available for use by other groups as well. Project elements Including engineering; site.preparationi lrrigatlon, and. field turf. An accessible pathway will link the renovated fields to the existing parking are and restrooms. LOCATION INFORMATION: Site Is located east of downtown Port Orchard In Kitsap County COUNTY: KNsap SCOPE (ELEMENTS): Athletic Fields Park Furniture Trails Fencing & Gates- Permits Landscaping Site Preparation ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated Uplands 5.00 FISCAL YEAR: 2002 DATE PRINTED: C)CWW 2, 2006 1Pi PSUMIAPT Page 263 7of 274 Veterans Memorial Park Back to Agenda � lutrnrdntry " . our000fl r Eligible Reimbursement Activities Report flECREflTIOfl Project Sponsor: Kitsap County Parks and Rec Project Number: 01-1160 D Project Title: Veterans Memorlal Park IAC Approval: 1/30/2002 Development iterrrs: Items Unit DM vw.c►tp AII" F11" DLWub 8q M 44040� " 1r� � meet ADA requirements Athletic Fields Irrigation - automatic for lurf/piayfleld Acres 6.00 quick coupiors only Fencing d, Gates Fencing - chain sink Unew. Ft 500.00 backstop and dugout fencing Fencing & Gates Fencing - chain link Linear Ft 990.00 4 feet Landscaping Grass - hydro seed Acres 6.00 Park Furniture. Benches Each 6.00 players benches Permits Permits Lump sum 1.00 Site Preparation Clearing Acres 6.00 Site Preparation Demolition Lump sum 1.00 Remove fencing, back slop, asphlet, concrete we". Site Preparation Erosion control Lump sum 1.00 Constiucilon entrance. tree protection, fencIno/berms. Site Preparation Gracing Acres 6.00 Site Preparation MobNlzation Lump sum 1.00 Site Preparation Surveying Lump sum 1.00 archeological survey Trails Trails - gravel Linear Ft 500.00 must meet ADA requirements ELIGREIM.RPT October 2, 2006 Page: 9 Page 264 of 274 Backto Agenda Corn,mNr�for NECR�E� IOH Project Number: Project Name: Sponsor: IAC Project Manager: Milestone Report By Project I 01-1160 D Veterans Memorial Park Kitsap County Parks and Rec Leslie Ryan -Connelly X_ Milestone Project Start •_-Coninionts/Doscription 08/16/2006 I RFP Complete/Consultant Hired 08/31/2006 consultant hired prior to project start date A&E Complete/Permits Submitted 08/31/2006 permits submitted prior to project start date Plans & Specs Reviewed by IAC 08/31 /2006 Bid Awarded 09/15/2006 I Construction Started 1011 &2006 Proposed Completion Date 12/30/2006 I Project Complete 03/31 t2007 Final Docs & Billing to IAC 06/30/2007 X = Milestone Complete I = Critical Milestone WILESTO.RPT October 02, 2006 Page: 1 Page 265 of 274 Back to Agenda Press Release Template Kitsap County Parks and Rec offered grant to develop public outdoor recreation areas and facilities. (Port Orchard) - Kitsap County Parks and Rec was awarded a grant of $277,193 from the Land and Water Conservation Fund Program. The grant was awarded by the Interagency.Committee for Outdoor Recreation (IAC), and will be used for the following: This project will renovate two softball fields at the existing Veterans Memorial Park in Port Orchard. The fields will be designed for girl's softball, but will be available for use by other groups as well. Project elements Including engineering; site preparation, Irrigation, and field turf. An accessible pathway will link the renovated fields to the existing parking are and restrooms. There were nine applications submitted for consideration in the Land and Water Conservation Fund Program. Each project went through an evaluation process prior to being recommended for funding. The IAC Board approved funding for projects on Wednesday, July 18.2001. Funding for the Land and Water Conservation Fund Program comes from leaseholders of federal offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal motorboat fuel taxes. Kitsap County Parks and Rec will leverage local contributions totaling $277,193 with grant monies to implement the project. Total estimated project cost Is $654,386. IAC is the state's administrator of the grant program. Contact: Beverly Reeves, (360) 337-7189 (sponsor project manager) Leslie Ryan -Connelly, (360) 902-3080, leslier@lac.wa.gov (IAC project manager) Page 266 of 274 Backto Agenda "I'll" Nry CanmMry1fBr flERfNTION Project Sponsor: Project Title: Amendment Type: AMendment to Project Agreement i Kitsap County Parks and Rec Veterans Memonal Park 01 A&E/Admin Limit Change Amendment Description: Project Number: 01-1160D Amendment Number: 2 In response to the sponsors regdetit, the project agreement is amended to increase the amount of allowable Architectural and Engineering costs':to twenty percent of the total project cost. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: { Old Amount i Amount % Admin Limit $0.00 0.000/0 ABBE Limit $54,183.00 10.83% Agreement Terms New Amount Amount % $0.00 0.00% $92,397.67 20.00% In all other respects the Agreembnt, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. Irl Witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office Kitsap County Parks and Rec AGENCY: &, &,A-&4 BY: An& V TITLE: Director TITUE: DATE: A11101 DATE:df Prq0ppMv8q alp to farm: LWCF Project A&E/Admin Umit Change Amendment Recreation Resource Account Cheoter 79A.25 RCW. Chapter 286 WAC •�.ti.�AI�. nhY Page 267 of 274 Backto Agenda Natural Resources Building 1111 Washing St SE Olympia WA 8601 PO Box 40917 Olympia WA 98504-0917 July 7, 2011 4- STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE Dori Leckner Kitsap County Parks and Recreation 1200 NW Fairgrounds Rd Bremerton, WA 98311 RE: Veterans Park -Grant Restrictions Dear Ms. Leckner: ?'Tr-o35 DI-Il(0o 902-3000TTY�360� 360902-1996Fax:360 902-3026 E-mail: infoOrco.wa.gov Web site: www.roo.wa.gov This letter is in response to Kitsap County's request for clarifications as to whether or not the Parks Department could proceed with irrigating the entrance way at Veterans Memorial Park with reclaimed water that is being provided by West Sound Utilities. As you know, Veteran's Memorial Park was funded through the Recreation and Conservation (RCO) via two grants (#78-035 and #01-1160.) Both grants were funded through the Federal Land and Water Conservation (LWCF) program, which is administered by the RCO. By participating In our grant programs, more specifically the LWCF program, the Veterans Park property is now encumbered with federal 6(f)(3) protections, and is to remain in recreation in perpetuity. As proposed in our April 14, 2011 meeting, the Phase 1 Water Reuse Proposal appears to be compatible with LWCF/RCO fund sources. This determination was made based upon RCO's understanding that no above ground ineligible structures are being built on the property and no property rights (including any easements or leases) are being extended to any other entity. This letter serves as authorization for the County to proceed, if they choose, with the Phase 1 Watering Project. This letter is not to be interpreted as approval for any subsequent phases or project at this site or any other RCO funded site. Future development of water reuse facilities at Veterans Park or any other RCO grant funded site Will have to be evaluated at the time of proposal. For your reference, I have included an excerpt from our policy manual that explains the long-term grant obligations and the agency's conversion/compliance policy. The Recreation and Conservation Funding Board's (RCFB) Policy Manual #7, Funded Projects: states: "RCFB-SRFB policy, consistent with state law,1 is that interests in real property, structures, and facilities acquired, developed, enhanced, or restored With RCFB/SRFB funds must not be changed, either in part or in whole, nor converted to uses other than those for which the funds were originally approved. If an RCFB-SRFB funded project is found to be changed or converted (out of compliance with the project agreement or agreement amendments), the project sponsor is responsible for replacing the changed or converted interests in real -property, structures, or facilities with interests, structures, or facilities of equivalent size, value, and utility. There are a number of ways a project can be out of compliance with the project agreement, the most serious of which is a conversion. If a compliance issue arises, RCFB-SRFB works with sponsors to resolve the compliance issue." Furthermore, a conversion would be determined when one or more of the following takes place, whether affecting an entire site or any portion of a site funded by RCFB-SRFB: Recreation and Conservation Funding Board - Salmon Recovery Funding Board • Washington Blodiversity Council Washington Invasive Species Council - Forum on Monitoring Salmon Recovery and Watershed Health - 40-- Governor's Salmon Recovery Office Page 268 of 274 b4) Back to Agenda • Property interests are conveyed for non-public outdoor recreation, habitat conservation, or salmon recovery uses. • Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was derived.1 • Non -outdoor recreation, habitat conservation, or salmon recovery uses (public or private) are made in a manner that impairs the originally intended purposes of the project area. • Non -eligible indoor facilities are developed within the project area. • Public use of the property or a portion of the property acquired or developed/restored with RCFB-SRFB assistance is terminated Please let me know if you need any additional information. You may reach me at sarah.thirtyacre@rco.wa.gov or (360) 902-0243. Si cerely, Sarah Thirtyacre Outdoor Grants Manager Page 269 of 274 Back to Agenda Natural Resources Building 1111 Washington St. S.E. Olympia, WA 98501 P.O. Box 40917 Olympia. WA 98504-0917 September 5, 2013 `F FL1 Td. o� y ?f• STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE Honorable Josh Brown Honorable Charlotte Garrido Honorable Robert Gelder Kitsap County Commissioners Office, MS-4 614 Division Street Port Orchard, WA 98366 Dear Commissioners Brown, Garrido, and Gelder: 960 902.3000 TTY 360 902-1996 Fax: (360 1902-3026 E-mail: info0rco.wa.gov Web site: www.rco.wt.gov My office recently was made aware that the commission is considering the future of many county parks. The Recreation and Conservation Funding Board and the Salmon Recovery Funding Board, formerly the Interagency Committee for Outdoor Recreation, has awarded more than 80 grants to the county for the acquisition or development of parks and open space since 1966. 1 have attached these lists by board for your convenience. As your discussions continue about the county's parks, please keep in mind there are long-term obligations for land purchased or developed with grants from our boards. These obligations include maintaining the funded site and structures in a safe and attractive manner; making the site and structures available to the general public at reasonable hours and times of the year; and providing the outdoor recreation opportunity on the site forever. By statutes, our grant recipients may not, without prior approval, convert grant -funded lands to a use other than that for which funds were originally approved. For example, it is a conversion when: • Property interests are conveyed for non-public uses. • Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which the funding was derived. • There is a non -outdoor recreation or restoration use on the property that impairs the originally intended purposes of the project area. • Ineligible indoor facilities are developed within the project area. • Public use of the grant -funded property or a portion of the property is terminated, unless public use was not allowed under the original grant. • The project area no longer provides the environmental functions for which grant funds were originally approved. Recreation and Conservation Funding Board • Salmon Recovery Funding Board Washington Invasive Species Council • Governors Salmon Recovery Office 0 Habitat and Recreation Lands Coordinating Group Page 270 of 274 Backto Agenda My staff is available to speak with your staff about the county grant agreement obligations for the disposition of the parks you are currently considering. If you have any questions or need additional information, please contact Adam Cole, grants manager, at (360) 902-3019 or Adam.ColePrco.wa.gov. Sincerely, ('�W- llz� ' Kaleen Cottingham �so't Director cc: Adam Cole, RCO Page 271 of 274 Back to Agenda Natural Resources Bulding 1111 Washlngton St SE Olympia WA £I8501 PO Box 40917 Olympia WA 98504-0917 July 7, 2011 STATE oy • h STATE? OF WASHINGTON RECREATION AND CONSERVATION OFFICE Dori Leckner Kitsap County Parks and Recreation 1200 NW Fairgrounds Rd Bremerton, WA 98311 RE: Veterans Park -Grant Restrictions Dear Ms. Leckner: �360)902-3000 TTY 360) 902-1996 Fax: 360) 902-3026 E-mail: Info@rco.wa.gov Web site: www.rco.wa.gov This letter is in response to Kitsap County's request for clarifications as to whether or not the Parks Department could proceed with irrigating the entrance way at Veterans Memorial Park with reclaimed water that is being provided by West Sound Utilities. As you know, Veteran's Memorial Park was funded through the Recreation and Conservation (RCO) via two grants (#78-035 and #01-1160.) Both grants were funded through the Federal Land and Water Conservation (LWCF) program, which is administered by the RCO. By participating in our grant programs, more specifically the LWCF program, the Veterans Park property is now encumbered with federal 6(f)(3) protections, and is to remain in recreation in perpetuity. As proposed in our April 14, 2011 meeting, the Phase 1 Water Reuse Proposal appears to be compatible with LWCF/RCO fund sources. This determination was made based upon RCO's understanding that no above ground ineligible structures are being built on the property and no property rights (including any easements or leases) are being extended to any other entity. This letter serves as authorization for the County to proceed, if they choose, with the Phase 1 Watering Project. This letter is not to be interpreted as approval for any subsequent phases or project at this site or any other RCO funded site. Future development of water reuse facilities at Veterans Park or any other RCO grant funded site will have to be evaluated at the time of proposal. For your reference, I have included an excerpt from our policy manual that explains the long-term grant obligations and the agency's conversion/compliance policy. The Recreation and Conservation Funding Board's (RCFB) Policy Manual #7, Funded Projects: states: "RCFB-SRFB policy, consistent with state law,1 is that interests in real property, structures, and facilities acquired, developed, enhanced, or restored with RCFB/SRFB funds must not be changed, either in part or in whole, nor converted to uses other than those for which the funds were originally approved. If an RCFB-SRFB funded project is found to be changed or converted (out of compliance with the project agreement or agreement amendments), the project sponsor is responsible for replacing the changed or converted interests in real property, structures, or facilities with interests, structures, or facilities of equivalent size, value, and utility. There are a number of ways a project can be out of compliance with the project agreement, the most serious of which is a conversion. If a compliance issue arises, RCFB-SRFB works with sponsors to resolve the compliance issue." Furthermore, a conversion would be determined when one or more of the following takes place, whether affecting an entire site or any portion of a site funded by RCFB-SRFB: Recreation and Conservation Funding Board • Salmon Recovery Funding Board • Washington Biodiversity Council Washington Invasive Species Council • Forum on Monitoring Salmon Recovery and Watershed Health Governor's Salmon Recovery 011ice Page 272 of 274 Back to Agenda • Property interests are conveyed for non-public outdoor recreation, habitat conservation, or salmon recovery uses. • Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was derived.1 • Non -outdoor recreation, habitat conservation, or salmon recovery uses (public or private) are made in a manner that impairs the originally intended purposes of the project area. • Non -eligible indoor facilities are developed within the project area. • Public use of the property or a portion of the property acquired or developed/restored with RCFB-SRFB assistance is terminated Please let me know if you need any additional information. You may reach me at sarah.thirtyacre@rco.wa.gov or (3610) 902-0243. Si cerely, CA."',y'i`C` Sarah Thirtyacre Outdoor Grants Manager Page 273 of 274 Back to Agenda December 3, 2008 Heather Ramsay, Project Officer National Park Service LWCF & UPARR Partnership Programs 909 First Avenue Seattle, WA 98104-1060 Re: Kitsap County Veterans Memorial Park RCO #01-1160D NPS #53-00677 Project Close Out Request Dear Ms. Ramsay: I am writing to notify you that the above referenced project is complete in accordance with the approved project agreement. For your records you will find attached a Final Inspection Report. Please note that there are no changes to the previously submitted 6(f)(3) boundary map dated March 13, 2006. The map also serves as the completed site plan. Our fiscal staff is requesting authorization for final draw down of federal funds in order to close out this project. The draw request is for the full grant amount of $280,519.50. Thank you for your assistance with this project and your commitment to preserving Washington's outdoor resources. If you have questions or need additional information please contact me at (360) 902-0243 or by sending email to sarah.thrirtyacre .rco.wa.gov . Sincerely, Sarah Thirtyacre Project Manager Enclosures Page 274 of 274