09/13/2022 - 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
Chris Hammer -Interim
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
cityhall@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
September 13, 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/o/86185875464
Zoom Webinar ID: 8618587 5464
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 an Ordinance Accepting a FY2021-23 Stormwater Capacity
Grant from the Department of Ecology (J. Brown) Page 4
D. Adoption of a Resolution Approving an Agreement with Washington
State Department of Transportation for Decommissioning a Hydrant
(Hammer) Page 27
E. Approval of Amendment No. 3 to Contract No. 028-21 with
Transportation Solutions for On Call Transportation/Traffic Engineering
Services (Hammer) Page 39
F. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Century Communities of
Washington, LLC for a Portion of Assessor's Tax Parcel No. 5696-000-056-001 and 5696-000-094-005
Located in McCormick West Division 11 (Hammer) Page 57
G. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Mainvue WA, LLC for a
Portion of Assessor's Tax Parcel Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006,
5696-000-045-0005, 5696-000-048-0002 and 5696-000-049-0001, Located in McCormick West Division
11 (Hammer) Page 65
H. Adoption of a Resolution Accepting a Sight Distance Easement from McCormick Woods Home Owners
Assoc. for a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-142-0007, 5696-000-143-
0006 and 5696-000-149-0000 located in McCormick West Division 11 (Hammer) Page 76
I. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Pulte Homes of
Washington, Inc. for a Portion of Assessor's Tax Parcel Nos. 5696-000-114-001, 5696-000-120-0003,
and 5696-000-121-002 of McCormick West Division 11 (Hammer) Page 83
J. Adoption of a Resolution Accepting a Sight Distance Easement from Century Communities of
Washington, LLC for a Portion of Assessor's Tax Parcel No. 5696-000-094-005 Located in McCormick
West Division 11 (Hammer) Page 91
K. Adoption of a Resolution Accepting a Sieht Distance Easement from Mainvue WA. LLC for a Portion of
Assessor's Tax Parcel Nos. 5696-000-034-008 and 5696-000-042-0008 Located in McCormick West
Division 11 (Hammer) Page 98
5. PRESENTATION
A. South Kitsap Fire & Rescue, Fire Chief Faucett Page 108
6. PUBLIC HEARING
A. Imposing a 1/101h of 1% Sales Tax Dedicated for Transportation (Crocker) Page 109
B. McCormick Woods Development Agreement for Park Impact Fee Credits (Fisk) Page 114
C. First Reading and Public Hearing Regarding the Proposed 2023 Water Rate Increase (J. Brown) Page
118
EXECUTIVE SESSION Pursuant to RCW 42.30.110(1)(i), the City Council WILL hold a 15-minute executive
session regarding potential litigation.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Approving a Development Agreement with McCormick Communities for
Park Impact Fee Credits (Fisk) Page 129
B. Adoption of an Ordinance Amending POMC Chapters 20.68 and 20.38.235 Regarding Accessory
Dwelling Unit Owner Occupancy (Fisk) Page 171
C. Adoption of an Ordinance Amending POMC Chapters 20.33 and 20.34 Accessory Structure Setbacks
(Fisk) Page 178
D. Adoption of a Resolution Approving a Contract with A -Advanced Septic Services, Inc. for the 2022
McCormick Woods Annual Septic Tank Cleaning (Hammer) Page 204
E. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee
(Wallace) Page 248
F. Adoption of Resolution Approving the Purchase of an Evidence Storage Refrigeration Unit for the Police
Department (M. Brown) Page 251
G. Adoption of a Resolution Approving a Contract with AHBL Inc. for the 2024 Comp Plan Update, Critical
Areas Code Update, and Subarea Planning Project (Fisk) Page 260
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.citvofportorchard.us or by contacting the City Clerk's office at (360) 876-4407.
September 13, 2022, Meeting Agenda Page 2 of 3
H. Approval of Amendment No. 7 to Contract No. 066-20 with Rice Ferguson Miller, Inc. for the Design
Development and Construction Drawings for the Community Event Center (Fisk) Page 293
I. Approval of a Lease Agreement with the Special Olympics Washington, South Kitsap Flag Football
Program for Use of a Portion of Van Zee Park (Wallace) Page 323
J. Approval of the August 9, 2022, City Council Meeting Minutes Page 329
8. DISCUSSION ITEMS (No Action to be Taken)
A. CEC Design Alternatives — Lighting, Decking, and Polycarbonate vs. Glass (Mayor) Page 337
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
14. CITY COUNCIL GOOD OF THE ORDER
15. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Economic Development and
October 17, 2022; 9:30am
Remote Access
Tourism
Utilities
September 13, 2022; 5:00pm
Remote Access
Finance
September 20, 2022; 5:00pm
Remote Access
Transportation
September 26, 2022; 4:30pm; 4th Tuesday of
Remote Access
each month
Festival of Chimes & Lights
September 19, 2022; 3:30pm
Remote Access
Land Use
September 21, 2022; 4:30pm
Remote Access
Lodging Tax Advisory
September; 2022
Remote Access
Sewer Advisory
October 5, 2022; 6:30pm
City Hall
Outside Agency Committees
Varies
Varies
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.
September 13, 2022, Meeting Agenda Page 3 of 3
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of an Ordinance Accepting
a FY2021-23 Stormwater Capacitv
Grant from the Department of Ecologv
Meeting Date:
Prepared by:
Atty Routing No.
Atty Review Date
Back to Agenda
September 13, 2022
Jacki Brown
Utilities Manager
366922-0015 — SW
August 4, 2022
Summary: The City has been offered a grant from the Washington State Department of Ecology (Ecology)
under Ecology's FY2021-23 Municipal Stormwater Capacity Grants Program, in the amount of $50,000.00.
This grant requires no City match of funds. Staff anticipates using this to fund Stormwater operation and
maintenance program activities. To accept the grant the City Council must authorize the execution
Agreement No. WQSWCAP-2123-PoOrPW-00135, a Water Quality Stormwater Capacity Agreement with
Ecology. Under this agreement, the City will receive $50,000.00 of grant funding to perform NPDES
Municipal Permit related activities.
Recommendation: Staff recommends that Council accept the grant funding and authorize the Mayor to
sign the FY2021-23 Stormwater Capacity Grant Agreement WQSWCAP-2123-PoOrPW-00135, with the
Department of Ecology for $50,000.00.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an ordinance accepting a grant from the Department of
Ecology for stormwater operation and maintenance in the amount of $50,000.00 and authorizing the
Mayor to sign a grant agreement.
Fiscal Impact: None. Funding is 100% grant funding, no match required.
Alternatives: Council has the option to refuse to enter into the grant agreement. However, that is not
Staff's recommendation since this funding does not require any match money.
Attachments: Ordinance
2021-23 Municipal Stormwater Capacity Grant Program Agreement
Page 4 of 354
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING THE TERMS AND CONDITIONS OF A WATER QUALITY
STORMWATER CAPACITY AGREEMENT WITH THE STATE OF
WASHINGTON DEPARTMENT OF ECOLOGY, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR SEVERABILITY
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City has been awarded a grant from the Washington State Department
of Ecology's FY2021-23 Municipal Stormwater Capacity Grants Program in the amount of
$50,000; and
WHEREAS, funds awarded through this grant will be used to meet the City's obligations
under its National Pollutant Discharge Elimination System (NPDES) permit for stormwater
discharge, including operation and maintenance program activities; and
WHEREAS, the Port Orchard City Council has determined it to be in the best interest of
the City and its residents to execute Agreement No. WQSWCAP-2123-PoOrPW-00135 with
Ecology for grant funding in the amount of $50,000, with no local match requirement; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby authorizes the acceptance of a grant from the
Washington State Department of Ecology (Ecology) under Ecology's FY2021-23 Municipal
Stormwater Capacity Grants Program in the amount of $50,000.00 and authorizes the Mayor
to execute all necessary documents to effectuate the grant including but not limited to
Contract No. 103-22, Ecology Agreement No. WQSWCAP-2123-PoOrPW-00135.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
Page 5 of 354
Back to Agenda
Ordinance No.
Page 2 of 2
attested by the Clerk in authentication of such passage this 13t" day of September 2022.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 6 of 354
DEPARTMENT OF Back to Agenda
ECOLOGY
10100 State of Washington
Agreement No. WQSWCAP-2123-PoOrPW-00135
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
CITY OF PORT ORCHARD
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and City of Port Orchard, hereinafter referred to as the "RECIPIENT," to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
2021-2023 Biennial Stormwater Capacity Grants
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01 /2021
03/31/2023
Capacity Grant
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
Page 7 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
RECIPIENT INFORMATION
Organization Name: City of Port Orchard
Federal Tax ID: 91-6001487
UEI Number: EA6VQLNKKKF7
Mailing Address: 216 Prospect Street
Port Orchard, WA 98366
Physical Address: 216 Prospect Street
Port Orchard, Washington 98366
Contacts
Back to Agenda or20
Template Version 12/10/2020 Page 8 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
Project Manager
Zack Holt
Stormwater Program Manager
216 Prospect St.
Port Orchard, Washington 98366
Email: zholt@cityofportorchard.us
Phone: (360) 876-4991
Billing Contact
Heidi Draper
Accounting Assistant III
216 Prospect Street
Port Orchard, Washington 98366
Email: hdraper@cityofportorchard.us
Phone: (360) 874-5523
Robert B Putaansuu
Authorized
Mayor
Signatory
216 Prospect Street
Port Orchard, Washington 98366
Email: rputaansuu@cityofportorchard.us
Phone: (360) 876-4991
Template Version 12/10/2020 Page 9 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Back to Agenda or20
Kyle Graunke
Project
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
Kyle Graunke
Financial
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
Template Version 12/10/2020 Page 10 of 354
State of Washington Department of Ecology Back to Agenda of 20
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
By:
Vincent McGowan, P.E.
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Date
City of Port Orchard
Robert B Putaansuu
Mayor
Date
Template Version 12/10/2020 Page 11 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
SCOPE OF WORK
Task Number
Task Title: Project Administration/Management
Task Cost: $2,000.00
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and
two -page Outcome Summary Report. <br>
* Properly maintained project documentation.
Recipient Task Coordinator: Zack Holt
Project Administration/Management
Deliverables
Number
Description
Due Date
1.1
Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2
Recipient Closeout Report (EAGL Form).
1.3
Two -page draft and Final Outcome Summary Reports.
Template Version 12/10/2020 Page 12 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
SCOPE OF WORK
Task Number:
Task Title: Permit Implementation
Task Cost: $48,000.00
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The
following is a list of elements RECIPIENT's project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
Template Version 12/10/2020 Page 13 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
purchases over $5,000 must be pre -approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give -a -ways, grant application preparation, TAPE review for proprietary treatment systems,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and TI NPDES permits.
Permit Implementation
Deliverables
Number
Description
Due Date
2.1
Documentation of tasks completed
Template Version 12/10/2020 Page 14 of 354
State of Washington Department of Ecology Back to Agenda of 20
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
BUDGET
Funding Distribution EG220353
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Effective Date
Funding Source:
Title:
Fund:
Type:
Funding Source %:
Description:
2021-23 capacity grant
07/01 /2021
Funding Type: Grant
Funding Expiration Date: 03/31/2023
Model Toxics Control Operating Account (MTCOA)
State
100%
MTCA
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match %: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
2021-23 capacity grant
Task Total
Project Administration/Management
$ 2,000.00
Permit Implementation
$ 48,000.00
Total: $ 50,000.00
Template Version 12/10/2020 Page 15 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
2021-23 capacity grant
0.00 %
$ 0.00
$ 50,000.00
$ 50,000.00
Total
$ 0.00
$ 50,000.00
$ 50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Template Version 12/10/2020 Page 16 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $30,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in
www.sam. -og v <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending_gov/>.
For more details on FFATA requirements, see www.fsrs. og v <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pka/PLAW-115publ232/pdf/PLAW-115publ232.1)df>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management(SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020 Page 17 of 354
State of Washington Department of Ecology Back to Agenda of 20
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition."
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all
products supplied under the Agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
Template Version 12/10/2020 Page 18 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as
appropriate, or upon completion of an audit as specified herein.
Template Version 12/10/2020 Page 19 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
Template Version 12/10/2020 Page 20 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
Template Version 12/10/2020 Page 21 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
Template Version 12/10/2020 Page 22 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda of20
Recipient Name: City of Port Orchard
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
Template Version 12/10/2020 Page 23 of 354
State of Washington Department of Ecology Back t0 Agenda of 20
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Port Orchard
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020 Page 24 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Template Version 12/10/2020 Page 25 of 354
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-PoOrPW-00135
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Back to Agenda or20
Recipient Name: City of Port Orchard
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third parry beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020 Page 26 of 354
Back to Agenda
City of Port Orchard
aYI 216 Prospect Street, Port Orchard,
WA 98366
�n i # 1n�_,
e l (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Resort
Agenda Item No.: Consent Agenda 4D Meeting Date
Subject: Adoption of a Resolution Approving Prepared by
an Agreement with Washington State
Department of Transportation for
Decommissioning a Hydrant Atty Routing No.
Atty Review Date
September 13, 2022
K. Chris Hammer, Interim
Public Works Director/City
Engineer
366922-0009 — PW
September 6, 2022
Summary: On August 31, 2021, Washington State Department of Transportation (DOT) notified the City of
its desire to construct a roundabout at the Bethel/Bay/Maple Intersection situated on State Route 166. This
portion of SR 166 is located within Port Orchard corporate limits, and the City is the owner of a hydrant and
related utilities located within the proposed roundabout construction area. The hydrant and related utilities
must be removed and/or relocated to enable DOT to construct the Bethel/Bay/Maple Intersection
Roundabout. Staff have determined that it is efficient and in the public interest for the City to perform the
removal/relocation, and Washington State Department of Transportation will reimburse the City for the
cost of all materials, equipment, labor, contract administration, legal review, and any other efforts required
to perform the removal/relocation of the hydrant and related utilities. On August 4, 2022, Public Works
provided an estimate of the cost for removal and/or relocation of the hydrant and related utilities.
By this Resolution and consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City Council
for the City of Port Orchard would authorize the Mayor to enter into an Interlocal Agreement with the
Washington State Department of Transportation for the City's Public Works Department to remove or
relocate the hydrant and related utilities. The Agreement further provides that the City will invoice WSDOT
for actual costs incurred after the associated work is completed, and reimbursement will be provided by
WSDOT to the City.
Relationship to Comprehensive Plan: Chapter 7-Utilities
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to
sign Contract No. C105-22 with the Washington State Department of Transportation for removal and/or
relocation of hydrant and related utilities located at the Bethel/Bay/Maple intersection with State Route
166 by the City Public Works Department.
Motion for Consideration: I move to adopt a resolution authorizing the Mayor to sign Contract No. C105-22
with Washington State Department of Transportation for removal and/or relocation of hydrant and related
utilities.
Fiscal Impact: The City will receive reimbursement for this work from Washington State Department of
Transportation.
Alternatives: Do not approve and provide alternative guidance.
Attachments: Resolution No. 083-22
Washington State Department of Transportation - Contract C105-22
Page 27 of 354
Back to Agenda
RESOLUTION NO.083-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION,
AND THE CITY OF PORT ORCHARD FOR THE DECOMMISSIONING
OF UTILITY INFRASTRUCTURE, PURSUANT TO CHAPTER 39.34
RCW.
WHEREAS, on August 31, 2021, the Washington State Department of Transportation
(WSDOT) notified the City of Port Orchard of its desire to construct a roundabout at the
Bethel/Bay/Maple intersection situated on State Route 166; and
WHEREAS, this portion of State Route 166 is located inside Port Orchard City limits, and
the City of Port Orchard is the owner of a hydrant and related utilities located within the proposed
construction area; and
WHEREAS, the utilities must be removed and/or relocated for Washington State
Department of Transportation to construct the Bethel/Bay/Maple Intersection Roundabout; and
WHEREAS, WSDOT is responsible for the cost of all materials, equipment, labor, contract
administration and any other effort required to perform the removal/relocation of the hydrant
and related utilities within the proposed construction area; and
WHEREAS, WSDOT and the City agree it is in the public interest for the City to perform the
removal/relocation of the hydrant and related utilities, and obtain reimbursement for all costs
from DOT; and
WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of
Port Orchard desires to enter into an agreement with WSDOT for the decommissioning a hydrant
at the northeast corner of the Bethel Ave/Bay St/Maple Ave intersection and the payment of all
costs by WSDOT; and
WHEREAS, on August 4, 2022, City of Port Orchard Public Works provided an estimate of
the cost for removal and/or relocation of the hydrant and related utilities to WSDOT; and
WHEREAS, pursuant to the Agreement, the City will invoice WSDOT for actual costs
incurred after the associated work is completed and reimbursement will be provided by WSDOT to
the City; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into the
attached Agreement with the Washington State Department of Transportation; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Page 28 of 354
Back to Agenda
Resolution No. 083-22
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute an the Utility
Construction Agreement with Washington State Department of Transportation, attached
hereto as Exhibit A and incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both
Port Orchard and WSDOT, the City Clerk is directed to post a copy of this Agreement on
the City's website as required by law.
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 13t" day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 29 of 354
Back to Agenda
Adft C 105-22
M
Washington State
APDepartment of Transportation
Utility Construction Agreement
Utility Name &Address
Work by Utility — WSDOT Cost
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
Agreement Number
Region
Control Section
Project Title/Location
UTB 1524
Olympic
SR166 - Bethel/Bay/Maple Intersection - Roundabout
Port Orchard, Washington
State Route Number
Mileposts
SR 166
From 3.35 to 3.46
Estimated Agreement Amount
$ 15,544.57
This Utility Construction Agreement is made and entered into between the Washington State Department of
Transportation (WSDOT) and the above named Utility; hereinafter individually the "Party" and collectively
the "Parties."
Recitals
WSDOT is planning the construction or improvement of the State Route as shown above for the identified
WSDOT project, and in connection therewith, it is necessary to remove and/or relocate and/or construct
certain Utility facilities (Work).
2. WSDOT is responsible for the cost of the Work affecting the Utility's facilities located pursuant to a
documented ownership of and/or interest in real property, such as an easement, fee title, or court finding
of prescriptive right, which is impacted by WSDOT project.
3. The Work shall be defined as all materials, equipment, labor, contract administration and any other effort
required to perform the relocation, construction, and/or removal of the Utility's facilities.
4. It is deemed to be in the best public interest for the Utility to perform the relocation, removal, or
construction of its facilities.
Now, Therefore, pursuant to RCW 47.01.210 and chapter 47.44 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, as well as the attached Exhibits which are
incorporated and made a part hereof,
It Is Mutually Agreed As Follows:
1. Construction, Inspection, and Acceptance
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments under this Agreement. By this
reference this document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment
as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway
Projects, the Utility is solely responsible for the costs of such improvement.
1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility's major facilities, such
as a building, pump station, power plant, etc. Accrued depreciation shall not apply to the Utility's primary
facilities, such as pipelines, conductors, poles, cable, conduit, etc. If any Utility facility does qualify
for an adjustment due to accrued depreciation as defined in Program Guide: Utility Relocation and
Accommodation on Federal Aid Highway Projects, the costs are calculated according to the formula in the
Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate.
DOT Form 224-053 P9W@01d11P54
Revised 06/2019
Back to Agenda
1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work
in constructing, removing and/or relocating the Utility facilities, in accordance with Exhibit A, Special
Provisions, and Exhibit C, Plans.
1.5 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may
have all or part of this Work done by a contract let by the Utility, as follows:
1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from WSDOT, and
WSDOT may require the Utility to advertise and solicit bids for the contract Work.
1.5.2 If WSDOT requires the Work to be advertised and bid, the Utility shall provide a copy of all bid
documents to WSDOT seven (7) calendar days prior to the advertisement date, or as specified in
Exhibit A, for WSDOT comment.
1.5.3 The Utility shall notify WSDOT at least three (3) working days in advance of the location and time
of the bid opening so that a WSDOT representative may attend the bid opening.
1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to WSDOT within
seven (7) calendar days of bid opening.
1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written
justification to WSDOT for the use of that contractor and bid price. WSDOT shall review the
Utility's written justification, and if WSDOT does not agree therewith and the Utility awards the
bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference
between the amount of the lowest bid and the amount of the awarded contract.
1.6 If the Utility desires to have the Work performed under an existing contract, WSDOT may require the
Utility to provide WSDOT with a copy of the contract for WSDOT's written approval of the contractor and
contract charges.
1.7 The Parties agree that nothing in WSDOT's approval of a Utility contractor or bid shall be for the benefit
of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of WSDOT and
shall not establish a contractual relationship among WSDOT, the Utility, and the Utility's contractor.
1.8 All of the Utility's Work, construction procedures, materials, and/or utility installation, as provided under
this Agreement, shall be subject to WSDOT inspection for solely the benefit of WSDOT's payment, state
highway and/or WSDOT project. The Utility shall promptly notify WSDOT in writing when the Work is
completed. WSDOT shall inspect the Work for compliance with the Exhibits attached to this Agreement.
WSDOT will notify the Utility in writing of any non-compliance that would impact WSDOT's payment,
state highway and/or WSDOT project. The Utility agrees to make the necessary changes to satisfy
WSDOT requirements or adjust the invoice. WSDOT's inspection shall not reduce or modify the Utility's
responsibility for the Work.
1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership,
operation and maintenance costs of its facilities, without WSDOT liability or expense.
2. Authority to Begin Work and Work Schedule
2.1 The Utility agrees not to begin Work until WSDOT has provided written notice, authorizing the Utility to
begin Work. WSDOT shall not be obligated to reimburse the Utility for any Work performed before the
date of notification.
2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with
WSDOT's contractor in the performance of WSDOT's project. The Utility shall be responsible for any
costs resulting from delay of, or interference with, WSDOT's project contractor, to the extent the delay
or interference is attributable to the Utility or the Utility's contractor. Any mutually agreed conditions
or requirements for avoidance of delay of, or interference with, WSDOT's project contractor shall be
included in Exhibit A.
DOT Form 224-053 PRYWS-96}fT1b4
Revised 06/2019
Back to Agenda
3. Compliance
3.1 The Utility agrees to comply with all applicable requirements of WSDOT in accordance with the
Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy and
amendments are hereby incorporated in and made a part of this Agreement for all intents and purposes
as if fully set forth herein.
3.2 The Utility agrees to comply with all applicable laws and environmental requirements of any jurisdictional
agency and is responsible for obtaining any necessary environmental permits required in order to perform
the Work.
3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are
required in order for the Utility to perform the Work.
4. Payment
4.1 WSDOT is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities
that are located pursuant to a documented ownership interest in real property, such as an easement, fee
title, or court finding of prescriptive right, which are impacted by WSDOT project, as shown in Exhibits A
and B. Exhibit B, Cost Estimate, contains an itemized cost estimate of WSDOT-responsible costs for the
Work to be performed by the Utility.
4.2 WSDOT, in consideration of the faithful performance of the Work to be done by the Utility, agrees to
reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment
work, for which WSDOT is responsible as defined in Exhibits A and B. The Utility agrees to invoice
WSDOT and provide supporting documentation for all charges, and WSDOT agrees to pay the Utility
within thirty (30) days of receipt of an invoice. Payments shall not be more frequent than one per month.
A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time
of final invoice, the Parties will resolve any discrepancies.
4.3 The Utility shall submit a final invoice to WSDOT within ninety (90) calendar days following completion
of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to
refund such overpayment to WSDOT within thirty (30) days.
5. Change in Work or Cost Increase
5.1 WSDOT agrees that the amount shown in Exhibit B may not reflect the actual costs of the Work. Should
the Utility determine that the Work costs for which WSDOT is responsible might exceed the cost estimate
by more than Twenty -Five (25 ) percent, the Utility shall immediately notify WSDOT before
performing any Work in excess of the Exhibit B estimate plus the additional percentage. WSDOT and the
Utility will, if necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs above
the amount shown in Exhibit B plus the additional percentage.
5.2 Should it be necessary to modify Exhibit A, Special Provisions, the Utility agrees to immediately notify
WSDOT of all proposed changes, and WSDOT agrees to provide written notice of its acceptance or
rejection of the change(s), in writing, within Five (5 ) working days.
6. Franchise, Permit or Easement
6.1 The Utility shall apply for a permit, franchise or an amendment to its current franchise for those new or
modified Utility facilities that will be located within WSDOT's right of way. After receiving the application,
WSDOT will issue the Utility a permit or a new or amended franchise.
6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and
deliver to WSDOT a quit claim deed for all existing easements, fee title, or court finding of prescriptive
right, which will be vacated as a result of the relocation of Utility facilities and as identified in Exhibit A.
DOT Form 224-053 Pg�%SD6}fT1b4
Revised 06/2019
Back to Agenda
6.3 In exchange for the quit claim deed, WSDOT agrees to grant or issue the Utility an easement, permit, or
franchise, as defined in Exhibit A, for those Utility facilities which will remain on or which cross WSDOT's
right-of-way and for which the Utility had an easement, fee title or court finding of prescriptive right. A legal
description of and use conditions for an easement to be granted encumbering WSDOT right of way shall
be included in Exhibit A.
7. Right of Entry
7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work
conducted within state-owned right of way, WSDOT hereby grants the Utility a right of entry upon all land
in which WSDOT has interest for the purpose of performing the Work. Upon completion of the Work, this
right of entry shall terminate except as otherwise provided in Section 6.
7.2 A WSDOT grant of access and right of entry onto an interstate limited access right of way may require
additional conditions, for example, a traffic control plan will be required if the Utility's Work will impact
highway traffic. The Parties agree that all Utility access and right of entry provisions affecting an interstate
limited access right of way will be identified in Exhibit A, Special Provisions. Upon completion of the Work,
this right of entry shall terminate except as otherwise provided in Section 6.
7.3 The Utility shall not enter state-owned right of way without first having a WSDOT-issued written right
of entry.
8. General Provisions
8.1 Indemnification: To the extent authorized by law, the Utility and WSDOT shall indemnify and hold
harmless one another and their employees and/or officers from and shall process and defend at its own
expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to
persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out
of, in connection with, or incident to the other Party's performance or failure to perform any aspect of this
Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence
of (a) the Utility and (b) WSDOT, their respective employees and/or officers, or involves those actions
covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the Utility or WSDOT, and provided further, that nothing herein shall require the Utility
or WSDOT to hold harmless or defend the other or its employees and/or officers from any claims arising
from that Party's sole negligence or that of its employees and/or officers. The terms of this section shall
survive the termination of this Agreement.
8.2 Disputes: If a dispute occurs between the Utility and WSDOT at any time during the prosecution of
the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such
negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or
mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees
and costs. The Parties agree to equally share the cost of a mediator or arbiter.
8.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall
be brought in the superior court situated in Thurston County, Washington unless filing in
another county is required under any provision of the Revised Code of Washington. Further, the Parties
agree that each shall be responsible for its own attorneys' fees and costs.
8.4 Termination:
8.4.1 The UTILITY understands that WSDOT retains the right to terminate this Agreement for
convenience upon thirty (30) calendar days written notice to the Utility. In the event that WSDOT
exercises this termination right, WSDOT will reimburse the Utility for all allowable costs under this
Agreement incurred prior to the date of termination.
8.4.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution
date of this Agreement and prior to normal completion, WSDOT may terminate the Agreement
upon less than the thirty (30) calendar day notice requirement in section 8.4.1, subject to
renegotiation at WSDOT's sole option pursuant to the revised funding limitations and conditions.
DOT Form 224-053 PSWO61M4
Revised 06/2019
Back to Agenda
8.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
8.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
8.7 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from
the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and
shall make them available during normal business hours and as often as necessary, for inspection and
audit by WSDOT, State of Washington, and/or Federal Government and copies of all records, accounts,
documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall
pay the cost of copies produced. If any litigation, claim or audit is commenced, the records and accounts
along with supporting documentation shall be retained until any litigation, claim or audit finding has been
resolved even though such litigation, claim or audit continues past the six -year retention period.
8.9 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written
below.
Utility
Washington State
Department of Transportation
Signature:
Signature:
By:
By:
Print Name
Title:
Print Name
Title:
Date:
Date:
DOT Form 224-053 PS*g,f36ff&4
Revised 06/2019
Back to Agenda
EXHIBIT A
Special Provisions
SCOPE OF WORK
The Work proposed within this Agreement is for the decommission of a utility facility and
WSDOT is obligated to pay for the construction costs. The Work consists of decommissioning a
hydrant so that it can be removed from SR166 within WSDOT right of way. The Work will be
performed before WSDOT's construction of the SR166, Roundabout Intersection project.
WORK TO BE PERFORMED BY THE STATE
None
WORK TO BE PERFORMED BY THE UTILITY
Exhibit "C" — Sheets 1
1. Decommission hydrant as shown in the plans.
PERMIT OR FRANCHISE
The Utility shall apply for and WSDOT shall convey the necessary statutory permit or franchise
pursuant to Chapter 47.44 RCW required for installation of such facilities that remain or cross
the WSDOT right of way.
BETTERMENT
Relocation or installation of the Utility's facilities does not constitute a betterment as defined by
the Federal Aid Policy Guide — 23 CFR 645A Subpart A.
UTB1524
Exhibit "A"
Page 1 of 1
Page 35 of 354
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EXHIBIT "B"
Utility Construction Agreement
Std. Bid Description Unit Quantity Unit Price Amount
Item No.
---- Decommission HyaranT (per City of Port Orchard estimate)
L.S. WU 14,2343b
14,2343b
Item Subtotal
$
14,234.95
Sales Tax 9.20%
$
1,309.62
$
15,544.57
Engineering 22%
- N/A
Contingencies 4%
- N/A
Agreement Subtotal
$
15,544.57
**Indirect Cost Rate 12.67%
- N/A
TOTAL ESTIMATED COST
$
15,544.57
*Mobilization and Engineering costs will be determined by a proration of the mobilization and engineering cost of the
entire project to the construction costs of the work covered by this agreement.
**The indirect cost will be applied at the actual rate in affect at the time the work is performed, in accordance with
Washington State Department of Transportation Directive D13-21.
UTB1524
Exhibit "B"
Page 36 of 354 Page 1 of 2
Back to Agenda
81412022
Citv of Port Orchard
Attention:
216 Prospect St
Port Orchard, WA 98366
Project: Hydrant Removal at Bay/Bethel- WSDOT RAB
Reg Hrs OT Hrs Rate OT Rate Amount
Water Operators/personnel (4)
64.00
40.00
2,560.00
1,152.00
Flaggers (2)
32.00
36.00
Admin. (cost estim./council docs/invoicing, etc)
8.00
35.00
280.00
Legal review
2.50
250.00
625.00
106.50
361.00 4,617.00
Materials Quantity Amount Freight Tax Total
Decommissioning parts
Rock
Cold patch
1.00
300.00
27.60
327.60
6.00
35.50
19.60
232.60
1.00
90.00
8.28
98.28
55.48 658.48
Equipment:
Hours Rate Amount
Vac truck #1081
Rackhoe #1057
8.00
80.00
640.00
8_00
3036
242.88
Small dump truck #1024
8.00
52.96
423.68
Pickup truck #1073
8.00
19.87
158.96
Pickup truck #1027
8.00
19.87
158.96
Total Labor:
4,617.00
Fringe Benefits (100%)
617.00
Total Materials:
658.48
Overhead (25%)
Total Equipment/Fees :
1,805.36
Contingency 20%:
2,372.49
TOTAL DUE 14,234.95
Page 37 of 354
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EXISTING WATER LINE
0 10 20
SCALE IN FEET
®, EXISTING CURBING
•�1 1 1 \ �
B 10+38.80 45.00 R
II EXISTING HYDRANT
o / \ \ B 10+39.65 48.36 RT
r PROPOSED HYDRANT LOCATION
V
BACK OF NEW SIDEWALK
o
L / \
/ 7 EXISTING WATER LINE a °
z �
> \N \ �'
------------
------------
n / \ BE7-h,EL
/ \ (SR 166) A VE
n \
SR166 BAY ST./BETHEL AVEJMAPLE AVE. ROUNDABOUT PLOTTED BY: charlem
�+ DATE: 6/28/2022 TIME: 10:35:33 AM
u Washington State FIRE HYDRANT RELOCATIONrage 38 of 354
• Department of Transportation NORTHEAST QUADRANT OF INTERSECTION
Back to Agenda
�_. City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
del i' (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E Meeting Date:
Subject: Approval of Amendment No. 3 to Prepared by:
Contract No. 028-21 with Transportation
Solutions for On Call Transportation/
Traffic Engineering Services Atty Routing No.:
Atty Review Date:
September 13, 2022
K. Chris Hammer, Interim
Public Works Director/City
Engineer
366922-0009 — PW
September 6, 2022
Summary: On February 9, 2021, following a procurement process consistent with Ch. 39.80 RCW, the
City executed Contract No. CO28-21 with Transportation Solutions, Inc. for On Call Transportation/Traffic
Engineering Services (the "Contract"). On February 8, 2022, and May 12, 2022, Amendments 1 and 2
were approved by Council extending the Underlying Agreement's termination date to February 12, 2023
and increasing the Underlying Agreement's "not to exceed" amount to a total not to exceed amount of
$40,000, respectively. While performing a concurrency review pursuant to Contract No. CO26-21, the
consultant identified a potential on -call task pertaining to the reduction of traffic congestion. The City
analyzed the proposed task and agreed it was in the best interests of the City and its residents to issue
an on -call task order for the study and design for signal upgrades at the Bethel/Lund and the
Sedgwick/Lowes intersections. This task is anticipated to exceed the established cap for these services
set out in the Contract, as amended. Before the Council for approval is Amendment No. 3 to the
Contract, which would increase the contract amount by an additional $25,000, for a new not to exceed
total of $65,000, inclusive of all compensation paid after execution of the Contract and Amendments 1
and 2 but prior to this Amendment.
Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 3 to
Contract No. CO28-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering
Services to increase the total contract amount by $25,000.00, for a total not to exceed amount of
$65,000.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 3 to Contract No.
CO28-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services.
Fiscal Impact: The 2021/2022 budgeted funds were $25,000.00; a budget amendment for the additional
2022 costs may be needed.
Alternatives: None
Attachments: Amendment No. 3, Contract Authorization, Courtesy Copy of CO28-21.
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CITY OF PORT ORCHARD
Authorization for Amendment No. 3
Date: September 13, 2022 Contractor: Transportation Solutions, Inc
On Call Transportation / 16392 Woodinville Redmond Rd NW,
Project: Traffic Engineering Services Suite A206, Woodinville, WA 98072
Contract / Job # CO28-21
This amendment increases the contract "NOT TO EXCEED" amount by $25,000. Changing the contract
Not to Exceed total to $65,000, to provide additional On Call Transportation and traffic engineering
services.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$20,000.00
$0.00
$20,000.00
09-Feb-21
Council
Amendment 1
$5,000.00
$0.00
$5,000.00
08-Feb-22
Council
Amendment 2
$15,000.00
$0.00
$15,000.00
12-May-22
Council
Amendment 3
$25,000.00
$0.00
$25,000.00
13-Sep-22
council
Total Contract $65,000.00 $0.00 $65,000.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
o actor Approval Signature Int i P lic orks Director/City Engineer
I
tG�1a� Sc-�i�,W,��viV• , N-e-s1 .-fie- K. Chris Hammer, P.E., PMP
Printed Name & Title 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
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Amendment No. 3 to Contract No. 028-21
CITY OF PORT ORCHARD AGREEMENT WITH
Transportation Solutions, Inc
THIS THIRD AMENDMENT to Contract No.028-21 ("Amendment") is made effective
as of the 13th day of September 2022, by and between the City of Port Orchard ("City), a municipal
corporation, organized under the laws of the State of Washington, and Transportation Solutions, Inc
("Consultant"), a corporation organized tinder the laws of the State of Washington, located and doing
business at 16392 Woodinville Redmond RD NE, Suite A206, Woodinville, WA 98072.
WHEREAS, on the 9`1' day of February 2021, the City executed an Agreement for On Call
Transportation/Traffic Engineering Services with Transportation Solutions, Inc, ("Underlying Agreement");
and
WHEREAS, on the 81` of February 2022, and the 12th of May 2022 Amendments 1 and 2 were
approved by Council, extending the Underlying Agreement's termination date to February 12, 2023, and
increasing the Underlying Agreement's "not to exceed" amount to a total not to exceed amount of $40,000;
and
WHEREAS, As amended, Section 4 (Compensation) of the Underlying Agreement provides that
compensation for these services shall not exceed $40,000.00 without advance written authorization, and will
be based on the list of billing rates and reimbursable expenses attached to the Underlying Agreement, as
amended, as Exhibit B; and
WHEREAS, additional On Call Transportation/Traffic Engineering Services are required by the City
for 2022 that will exceed the current value of the Underlying Agreement, as amended; and
WHEREAS, the Consultant and the City have conferred and agreed to increasing the amount of the
contract from $40,000 to $65,000 in anticipation of the additional work for 2022; and
WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying
Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties thereto as follows:
1. The Underlying Agreement between the parties, incorporated by this reference as if herein
set forth, is amended in, but only in, the following respect:
A. Amended Section 4. Compensation. TIME AND MATERIALS NOT TO EXCEED.
Compensation for these services shall not exceed $65,000.00 (inclusive of all compensation paid
after execution of the Underlying Agreement but prior to this Amendment), without advance
written authorization and will be based on the list of billing rates and reimbursable expenses set
forth in Exhibit B Scope of Services, attached hereto and incorporated herein by this reference.
In all other respects, the Underlying Agreement between the parties shall remain in full force and
effect, amended as set forth herein, but only as set forth herein.
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IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
Rob PUtaansUu
Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, CMC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
Transportation Solutions, Inc
V Xr �alemann, PE
Principle
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 9th day of February 2021, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360,876.4407 Fax: 360.895.9029
And Transportation Solutions, a corporation, organized under the laws of the State of Washington,
doing business at:
16392 Woodinville Redmond Rd NE, Suite A206 (hereinafter the "CONSULTANT")
Woodinville, WA 98072
Contact: Andrew Bratlien, PE Phone:425-833-4134 Fax:425-867-0898
for professional services in connection with the following Project:
On Call transportation/traffic engineering ,services.
TERMS AND CONDITIONS
1. Services by Consultant,
A. The Consultant shall perform the on -call professional services described in the Scope of
Work attached to this Agreement as Exhibit A. The services performed by the Consultant shall be on an
on -call, task order basis, and shall not exceed the Scope of Work without prior written authorization from
the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and
local laws and regulations applicable to the performance of such services. The Consultant shall perform
the services diligently and completely in accordance with professional standards of conduct and
performance for Consultant's profession,
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement. The services 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.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with task orders issued by the City, utilizing the task order form at Exhibit "A", and in accordance with the
procedures set out in Exhibit A and the terms of this Agreement, provided that if the terms of the Agreement
conflict with the terms of Exhibit A, the Agreement shall control. If delays beyond the Consultant's
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reasonable control occur, the parties will negotiate in good faith to determijne whether an extension is
appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed. t
3. Terms. This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall
terminate February 12, 2022, unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4. Compensation.
1-1 LUMP SUM. Compensation for these services shall be a Lump Sum of $
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$20,000.00 without advance written authorization, and will be 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
OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monihiy 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.
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6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. Tlie Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause: This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. ' Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. X:tg1t )on Termination.
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1. With or Without Cause. Upon termination forairy reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Sustiension. 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. Notico ofTermination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
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obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
It. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER. ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Au_(9i obHq. Liability! insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial mercial Ciencral Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
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3. ' or�kers' Cu_mp ati(M coverage as required by the Industriai Insurance laws of the
State of Washington.
4. grofessiona Liability insurance appropriate to the Consultant's profession.
13. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Worke1j' ,�Ir_p r t on Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. l�irgfessional Liabilityy, insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
I, The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
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The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14, Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Victor Salemann, PE - Principle
Transportation Solutions, Inc.
16932 Woodinville Redmond Rd. NE, Suite
A206, Woodinville, WA 98072
Phone; 425-833-4134
Fax: 425-867-0898
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
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C. Suverttbiljj)�. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a coma of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement, The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U,S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
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the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City'
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1, withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WASI I3NGTON
By:
Robert PuUumu , Mayor
ATTEST/AU ATE:
By:
niearson, MMC
City Clerk
APPROVED AS TO FORM:
By; -
Charlotte A. Archer', 0t1 Cq��f�f f�
O •' p�P o RT
,q'
U�
SEAL=
City of Port Orchard and Transportation Solutions Inc,
Professional Service Agreement Contract No. CO28-21
CONSULTANT
By; --- "'
Name: Victor Salemann. PE
Title: Principle
9of10
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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 Ainded or not);
• Titles 11 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 Transportation Solutions Inc.
Professional Service Agreement Contract No. CO28-21
10 of 10
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r �r or tion l utn scope of Services
INNOVATIVE I PRACUCAL I CQUlYi1NX
January 20, 2021
TO: K. Chris Hammer, PE, PMP
City of Port Orchard
FROM: Andrew Bratlien, PE
SUBJECT: On -Call Transportation Analysis Scope of Services
This memorandum documents the scope of services for on -call transportation modeling, analysis, and
traffic -related consulting for the City of Port Orchard,
SCOPE OF SERVICES
Each item of work under this Agreement will be provided by task assignment. Each assignment will be
individually negotiated with the Consultant. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by Port Orchard. Port Orchard
is not obligated to assign any specific number of tasks to the Consultant, and Port Orchard's and the
Consultant's obligations hereunder are limited to tasks assigned in writing.
Task assignments made by Port Orchard shall be issued in writing by a Task Order Document similar in
format to Attachment 1. Task assignments using Federal Funding will require a full Local Agency
Standard Consultant Agreement as outlined in the Washington State Department of Transportation
Local Agency Guidelines.
An assignment shall become effective when a Task Order is signed by the Consultant and Port Orchard,
except that emergency actions requiring a 24-hour or less response can be handled by an oral
authorization. Such oral authorizations shall be followed up with a Task Order Document within four
working days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations
whose rates were not previously established in the Agreement) shall be provisional and subject to final
negotiation and acceptance by Port Orchard.
BILLING RATES
Services will be billed on a time and material basis according to the billing rates provided in Attachment
2. Transportation Solutions will provide a not -to -exceed fee estimate with each submitted Task Order.
SCHEDULE
Transportation Solutions will propose a schedule in each submitted Task Order.
Attachment 1. Task Order Document
Attachment 2. Transportation Solutions Inc. Staff Billing Rates
16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134
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CITY OF FORT ORCHARD
216 Prospect Street
m Port Orchard, WA 98366
(36o) 874-5533
CITY'S PROPOSAL
City Task Order No.: Date:
City Information:
City Contact:
Department:
Phone Number: Email.
Consultant Information:
Contract Number:
m.�
Company Name
Contact Name:��
Phone Number: Email.
__
On -Call Services Project:
Task Name:
Site Address / Location:
Related Permit Number:
Company Name:
Company Contact Name:
Contact Email Address:.
Task Order Description / Scope of Work:
The scope of work is described below:
City of Port Orchard Task Order for On -Call Services
TASK ORDER:
ON -CALL SERVICES
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CONSULTANT'S RESPONSE
Consultant's Project Number:
Work Tasks Estimated Estimated
Labor, Materials, Supplies, Equipment, Incidentals Hours _Bud et
L _
2.
3.
4• -
5• --
_m
6.
8.
9*
10.
11. _
12.
13.
15.
16.
17.
18.
_,»
19.
zo«
21.
Anticipated Completion Date:
Total Estimated Budget:
_
APPROVALSLS
Scope of work tasks, time and budget estimates
Approved by Consultant: Authorization to Proceed - City of Port Orchard:
By: By;
Signature: Signature:
Title: Title:
Date: Date:
Bill to: City of Port Orchard, Accounts Payable, 216 Prospect St., Port Orchard, WA 98366
ap@cityofportorchard.us
City of Port Orchard Task Order for On -Call Services
Page 2 of 2
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Transportation Solutions
INNOVATIVE I PRACTICAL I EQUITABLE
Transportation Solutions, Inc.
2021
HOURLY BILLING RATES
Name
Title
_
Classification
Hourly
Billing Rate
Victor L. Salemann
President
Engineer Vlll
$235.00
Kirk Harris
Principal
Engineer VIII
$235.00
David D. Markley
Principal Engineer
Engineer VII
$235.00
Jeffrey P.K. Hee
Sr. Trans Engineer
Engineer V
$168.50
Andrew L. Bratlien
Sr. Trans Engineer
Engineer V
$168.56
Michelle L. Mach
Sr. Trans Engineer
Engineer .V.
$180.00
Mike Schaefer
Sr. Engineering Tech
Drafting Technician 3
$155.00
Sam Garcia
Engineer II
Engineer II
$105.00
Daniel Hodun
Engineer I
Engineer 1
$100.00
Phil McDonald
Sr. Engineering Tech
Drafting Technician 3
$145.00
Jennifer Salemann
Planner III
Trans. Planning Specialist 3
$105.00
Jill Berberich
Office Manager
Administrative Assistant 5
$115.00
EXPENSES
Reimbursable Expenses No Markup
Sub -consultant invoices No Markup
Billing rates are subject to change during the year to reflect staff changes.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
ear Ill�i e
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4F Meeting Date: September 13, 2022
Subject: Adoption of a Resolution Accepting a Prepared by: K. Chris Hammer, Interim
a Public Pedestrian Access Easement Public Works Director/
from Century Communities of
Washington, LLC for a Portion of
Assessor's Tax Parcel No. 5696-000-056-
0001 and 5696-000-094-0005
Located in McCormick West Division 11
City Engineer
Atty Routing No: 366922-0009 - PW
Atty Review Date: September 7, 2022
Summary: Century Communities of Washington, LLC, a Delaware limited liability company, is the owner of
Kitsap County Assessor's Tax Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005, located in
McCormick West Division 11. The conditions of approval for the subdivision LU21-Plat Final-02 of
McCormick West Division 11 require that Century Communities of Washington, LLC grant a Public
Pedestrian Access Easement to the City of Port Orchard over a portion of Kitsap County Assessor's Tax
Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005, as legally described in Exhibits A and B of the
Declaration of Public Pedestrian Access Easement. Pursuant to its terms, the Easement shall be binding
upon Century Communities of Washington, LLC , its heirs, successors and assigns, including subsequent
owners of the parcels.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the Public
Pedestrian Access Easement from Century Communities of WA, LLC.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to accept the Public
Pedestrian Access Easement from Century Communities of Washington, LLC, and to execute all documents
necessary to effectuate this authorization.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 084-22, PPAE Century
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RESOLUTION NO. 084-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM CENTURY
COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF
APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST
DIVISION 11.
WHEREAS, Century Communities of Washington, LLC, a Delaware limited liability company, is
the owner of Kitsap County Assessor's Tax Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005,
located in McCormick West Division 11; and
WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick
West Division 11 require that Century Communities of Washington, LLC grant to the City of Port
Orchard a Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcels
Nos. 5696-000-056-0001 and 5696-000-094-0005, as legally described in Exhibits A and B to the
Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and
incorporated herein by this reference,; and
WHEREAS, if approved, this easement shall be binding upon Century Communities of
Washington, LLC, its heirs, successors and assigns, including subsequent owners of the parcels; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a
Public Pedestrian Access easement from Century Communities of Washington, LLC, and
to execute all documents necessary to effectuate this authorization.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 13' day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
DECLARATION OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
Grantoe(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
Grantee(s): City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-056-0001, 5696-000-094-0005
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
This DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective , 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 56 and 94, McCormick West, Division 11, Auditor's File No. 202203140148,
records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard, a Washington
municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access Easement") over
and across the subject property as described on Exhibit A and schematically shown on Exhibit B of this
Declaration. Grantor shall not construct or install permanent above -grade structures (except rockeries, wall,
or buildings with the prior approval of the City of Port Orchard) in the Public Pedestrian Access Easement
Area that would interfere with the location, construction, and maintenance of said sidewalk.
1. Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition
free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event
Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee,
Grantee shall have the right, but not the obligation, to perform such maintenance with the costs
being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on
the -cost -of -such maintenance as provided -by law.
art rm ess-agamsVanTc mrn awsu ,
other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the
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subject property arising out of the negligence or willful misconduct of Grantor, their agents,
contractors and employees, including but not limited to any claim or lawsuit for personal or
property injury.
3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors
and assigns and the Grantee.
4. If any party engages an attorney in connection with any action in a court of law or arbitration to
enforce the terms of this Easement, the prevailing party in such action or proceeding will be
entitled to recover its reasonable attorneys' fees and other litigation expenses.
(Signatures on Following Page)
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GRANTOR/ GRANTEE:
Century Communities of Washington LLC
a Delaware Limited Liability Corporation
By:
Its: ion President
STATE OF WASHINGTON )
)ss.
COUNTY OFSnbhPM�Sh )
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
On this day of JkJ , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared Christian Cermak , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
Division President of
Century Communities of Washington, LLC to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written. _�-��rl4
NOTARY PUBLIC in and for the St to of Washington,
s A , Residing at
2010260My appointment expires
'°r' Z` = Print Name Am ber' ar-�ha r1
Ci
tip ►a►
STATE OF WASHINGTO )
)ss.
COUNTY OF )
On this day of 2022, before me, a Notary Public in
and for the State of Washington, personally appeared personally known to
me (or proved to me on the -basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTAR) P—FUBLIG-in and-for---the-$tags-ol' W-asbinglcs
Residing at
y-a FOU11 =— - - -
Print Name
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/08/2022
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT
THE NORTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 56, MCCORMICK WEST
DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 94 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT A POINT ON THE COMMON LINE OF SAID LOT AND WESTERLY
RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT,
THENCE N05016'16"W, ALONG SAID MARGIN, 21.25 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED STRIP CENTERLINE;
THENCE S84043'44"W 2.50 FEET TO THE TERMINUS OF SAID LINE.
CONTAINS 30± SQUARE FEET (0.0009± ACRES)
F,Y C'
0111
:g
-
LAB
06108/2022
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C,q�DI��S
T
lv'"umlvllL;h vvrz" ulvl,)IuN 11 1 PAGE
PUB. PED. ACCESS EASEMENT 10F 2
EXHIBIT B
12100 NE i 951h Si., Suile 300
DESIGN 425.885.7877 Fax 425.885.7963
JOB NO. 20197
•.yr �y. r.�
?NAB, LA
6-8-22
SCALE: V = 40'
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CgRDI/c�-S
T
IICOOOM WEST
DPAM 11
AFNTPA
144148
95 BLIC PEDESTRIAN
CESS EASEMENT
E DETAIL BELOW
94
4.001�
94 !-
t
2.50 —
11
N84'43'44"E t
2.50
8.00
MCCORMICK WEST DIVISION 11 PAGE
PUB. PED. ACCESS EASEMENT 2 OF 2
EXHIBIT B
12100 NE 195th St., Suite 300
RESIGN 425,885.7877 Fax425.885.7963
�hG'r•NFt"R't�F�--F't kl'IvM1trar't',-- rif'R'V-E"Yr�+'G^'C..i
JOB NO. 20197
7
0
z
W
.J
F—
c�
NO5'16'16"W
21.25
PUBLIC PEDESTRIAN
ACCESS EASEMENT
POINT OF
BEGINNING
N0516'16"W
21.25
ANAL LA�
6-8-22
57
SCALE. 1" = 40'
0 20 40
58
4'10.]
SCALE. 1" =10'
0 5 10
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Tr�
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 4G
Subject: Adoption of a Resolution Accepting a
Public Pedestrian Access Easement from
Mainvue WA, LLC for a Portion of
Assessor's Tax Parcels Nos. 5696-000-
027-0007, 5696-000-042-0008, 5696-
000-044-0006, 5696-000-045-0005,
5696-000-048-0002 and 5696-000-049-
0001 Located in McCormick West
Division 11
Meeting Date:
September 13, 2022
Prepared by:
K. Chris Hammer
Interim Public Works
Director/City Engineer
Atty Routing No.:
366922-0009 — PW
Atty Review Date:
September 7, 2022
Summary: Mainvue WA, LLC, a Delaware limited liability company, is the owner of Kitsap County Assessor's
Tax Parcels Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-
000-048-0002 and 5696-000-049-0001, located in McCormick West Division 11. The conditions of approval
for the subdivision LU21-Plat Final-02 of McCormick West Division 11 require that Mainvue WA, LLC grant
to the City of Port Orchard a Public Pedestrian Access Easement over a portion of the Assessor's Tax parcel
No. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002
AND 5696-000-049-0001, as described in Exhibit A and B of the Declaration of Public Pedestrian Access
Easement. Pursuant to its terms, the Easement shall be binding upon Mainvue WA, LLC, its heirs,
successors and assigns, including subsequent owners.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a resolution accepting the Public
Pedestrian Access Easement from Mainvue WA, LLC.
Motion for Consideration: I move to adopt a resolution authorizing the Mayor to accept the Public
Pedestrian Access Easement from Mainvue WA, LLC.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 085-22, PPAE Mainvue
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RESOLUTION NO.085-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM
MAINVUE WA, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR
SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11.
WHEREAS, Mainvue WA, LLC, a Delaware limited liability company, is the owner of Kitsap
County Assessor's Tax Parcels Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006,
5696-000-045-0005, 5696-000-048-0002 and 5696-000-049-0001, located in McCormick West
Division 11; and
WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick
West Division 11 require that Mainvue WA, LLC grant a Public Pedestrian Access Easement to the
City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-027-0007,
5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002 and 5696-000-
049-0001, as legally described in Exhibits A and B of the Declaration of Public Pedestrian Access
Easement, attached hereto as Attachment A and incorporated herein by this reference; and
WHEREAS, the easement is binding upon Mainvue WA, LLC, its heirs, successors and assigns,
including subsequent owners; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a
Public Pedestrian Access easement from Mainvue WA, LLC, and to execute all documents
necessary to effectuate this authorization.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 13' day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
DECLARATION OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
Grantor(s): Mainvue WA, LLC, a Washington Limited Liability Company
and its successors and assigns
Grantee(s): City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description:
Assessor's Tax Parcel Nos.:
Additional Reference Document:
See Exhibits A & B of this document
5696-000-027-0007, 5696-000-042-0008,
5696-000-044-0006, 5696-000-045-0005,
5696-000-048-0002, 5696-000-049-0001
McCormick West, Division 11, AFN 202203140148
This DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective , 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 27, 42, 44, 45, 48, and 49, McCormick West, Division 11, Auditor's File No.
202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard,
a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access
Easement") over and across the subject property as described on Exhibit A and schematically shown on
Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures
(except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public
Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of
said sidewalk.
l . Grantor shal I maintain the Public Pedestrian Access Easement Area at all times in a safe condition
free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event
Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee,
!` P shalt halip th r' n to o _rf�rm such maint�j�� wi h he COS s
i
being borne by grantor. Coats, both direct surd indirect, of such maintenance shall be o lira rm
Grantor's property, provided that Grantee shall have such other and further remedies to recover
ilty u,rat of sw;h muiislenwice as.ps'ovided by law.
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2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage or
other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the
subject property arising out of the negligence or willful misconduct of Grantor, their agents,
contractors, and employees, including but not limited to any claim or lawsuit for personal or
property injury.
3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors,
and assigns and the Grantee.
4. if any party engages an attorney in connection with any action in a court of law or arbitration to
enforce the terms of this Easement, the prevailing party in such action or proceeding will be
entitled to recover its reasonable attorneys' fees and other litigation expenses.
(Signatures on Following Page)
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GRANTOR:
Mainvue WA, LLC
a Washington Limited Liability Company
By: 6OLa
Its:. PSta: S%('- t i
STATE OF WA INGTON
)ss.
COUNTY O4—MA)
On this At ( day of C.J , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared 44onally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
ono tated that It /she was authorized to execute the instrument, and acknowledged it as the
CS1 eit,F of
U tVX V-1p to be the free and
GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
wri
IN WITNESS WHEREOF, I have hereunto set my
Btate of WallogsolA
MONIQUE M RYAN
LICENSE N 13639
MY COMMISSION EXPMES
FEBRUARY 17, 2024
STATE OF WASHINGTON )
)ss.
COUNTY OF )
NOTARY I
Residing at
My appoint
Print Name
and official seal the day and year first above
for the State df Washington,
On this day of . 2022, before me, a Notary Public in
and for the State of Washington, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of Washington,
My appointment expires
Print Name
Page 69 of 354
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/08/2022
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT
A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 44 AND 45, MCCORMICK
WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON,
SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS
OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 48
AND 49 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE
BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH THE SOUTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 27 OF SAID
PLAT;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 42 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 42 AND LOT
43 AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD
DEDICATED BY SAID PLAT,
THENCE S17°22'24"E, ALONG SAID MARGIN, 4.76 FEET TO A POINT OF TANGENCY WITH
A 0,00-FOOT RAWIUA JURVE TO THE RIGHT;
L CON I INUINU UQU I HLIL I7_.
Page 70 of 354
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A CENTRAL ANGLE OF 33°08'16", A DISTANCE OF 92.54 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE;
THENCE N74014'09"W 2.50 FEET TO THE TERMINUS OF SAID LINE,
CONTAINS 80± SQUARE FEET (0.0018± ACRES)
Page 71 of 354
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46
13 N
3
0
rr
z
w
J
NIrST SCALE: 1" = 40'
MCCOFMCK DWON 11 0 20 40
AFN 2022031r0949
45 14
44
PUBLIC PEDESTRIAN
ACCESS EASEMENT
SEE DETAIL BELOW
15
PUBLIC PEDESTRIAN
8.00 ACCESS EASEMENT
45 � N
1
� r
2.50
1
44 4.00 J1 SCALE. 1" =10'
0 5 10
RIULMMMIUK wtsi UIVIJUIN 11 PAGE
PUB. PED. ACCESS EASEMENT 10F 4
EXHIBIT B
12100 NE 195th St., Suite 300
Bothell, Washington 90011
ENGINEERING -PLANNING -SURVEYING-L.A.
JC][3 1vO. 20 3 Q-z
C 4
41, av • 8y
3•
� .. 841d �q
l .?( St�• g
b—b—zL
Page 72 of 354
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50
49 PUBLIC PEDESTRIAN
ACCESS EASEMENT
SEE DETAIL BELOW
MC0ORMICK WEST
DMSION 11
AFN 202203140148�_
48
PUBLIC PEDESTRIAN
49 4 ACCESS EASEMENT
2.50 ---r
,
48
8.00
4CCORMICH WEST DIVISION 11 PAGE
PUB. PED. ACCESS EASEMENT 2 OF 4
EXHIBIT B
:o
^� 12100 NE 190 St, Sidle 300 80t4a�
n�F BorAeU, Washington 98011 T
ENGINEERING -PLANNING -SURVEYING LET
J0-10 L3 1- 20197 b_b_22
N
SCALE. 1" = 40'
0 20 40
10
11
SCALE. 1" =10'
0 5 10
Page 73 of 354
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PUB. PED. ACCESS EASEMENT
EXHIBIT B
ENGINEERING -PLANNING -SURVEYING-LA.
JOB NO. 20.197
N.
N
o;
0 20 40
Page 74 of 354
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43
u ICK ME
DIVISION 11
N AFN 2o220.3t4O148 N
N17'22'24"W 4.76 J
w
41 PUBLIC PEOESTRIAN a7o
ACCESS EASEMENT M
SCALE: 1" = 40' SEE DETAIL BELOW v
a
0 20 40 `)
42
U
tr
Q
UR'I'ty 4�
R=160.00
N7414'09"W d=33.08'16"
2.50 ! L=92.54
N
42 POINT Of
2.50 —���+ BEGINNING
I
PUBUC PEDESTRIAN
80ACCESS EASEMENT
SCALE: 1" =10'
0 5 10
j
MLAXHMI(;K VVtbi UIVISIUN 17 PAGE
PUB. PED, ACCESS EASEMENT 4 of 4
EXHIBIT B
12100 NE 1951h St., Suite 300
Bothell, Washington 98011
ENGINEERING -PLANNING-SURVEYING-L.A.
J(DB NO. 20197
b-6-2L
Page 75 of 354
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 4H
Subject: Adoption of a Resolution Accepting a
Sight Distance Easement from
McCormick Woods Home Owners
Assoc. for a Portion of Kitsap County
Assessor's Tax Parcel Nos. 5696-000-
142-0007, 5696-000-143-0006 and
5696-000-149-0000 Located in
McCormick West Division 11
Back to Agenda
Meeting Date:
September 13, 2022
Prepared by:
K. Chris Hammer
Interim Public Works
Director/City Engineer
Atty Routing No.:
366922-0009 - PW
Atty Review Date:
September 7, 2022
Summary: McCormick Woods Home Owners Association is the owner of Kitsap County Assessor's Tax
Parcels Nos. 5696-000-142-0007, 5696-000-143-0006 and 5696-000-149-0000, located in McCormick West
Division 11. The McCormick Home Owners Association must grant a Sight Distance Easement to the City of
Port Orchard over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-142-0007, 5696-000-
143-0006 and 5696-000-149-0000, located in McCormick West Division 11, as legally described in Exhibits A
and B of the Sight Distance Easement. Pursuant to its terms, the Easement shall be binding upon the
McCormick Woods Home Owners Association, its heirs, successors and assigns including subsequent
owners.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a resolution accepting the Sight Distance
Easement from McCormick Woods Home Owners Association.
Motion for Consideration: I move to adopt a resolution authorizing the Mayor to accept the Sight Distance
Easement from the McCormick Woods Home Owners Association.
Fiscal Impact:
None
Alternatives:
None
Attachments:
Resolution No. 087-22, SIDE McCormick HOA
Page 76 of 354
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RESOLUTION NO. 087-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A SIGHT DISTANCE EASEMENT FROM MCCORMICK
WOODS HOME OWNERS ASSOCIATION, PURSUANT TO THE CONDITIONS OF
APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST
DIVISION 11.
WHEREAS, McCormick Woods Home Owners Association is the owner of Kitsap County
Assessor's Tax Parcels Nos. 5696-000-142-0007, 5696-000-143-0006 and 5696-000-149-0000 located
in McCormick West Division 11; and
WHEREAS, as a condition of approval of LU21-Plat Final-02 of McCormick West Division 11,
the McCormick Home Owners Association must grant a Sight Distance Easement to the City of Port
Orchard over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-142-0007, 5696-000-
143-0006 and 5696-000-149-0000, located in McCormick West Division 11, as legally described in
Exhibits A and B of the Sight Distance Easement, attached hereto as Attachment A and incorporated
herein by this reference; and
WHEREAS, according to its terms Sight Distance Easement is binding upon the McCormick
Home Owners Association, its heirs, successors and assigns; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Sight
Distance Easement from McCormick Home Owners Association, and to execute all
documents necessary to effectuate this authorization.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 13th day of September 2022.
ATTEST:
Robert Putaansuu, Mayor
Brandy Wallace, MMC, City Clerk
Page 77 of 354
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
SIGHT DISTANCE EASEMENT
Grantor(s): McCormick Woods Home Owners Association
and its successors and assigns
Grantee(s): McCormick Woods Home Owners Association
and its successors and assigns
City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the SW 1/4 of the NE 1/4 of Section 8, Township 23N, Range IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description:
Assessor's Tax Parcel Nos.:
Additional Reference Document:
See Exhibits A & B of this document
5696-000-142-0007, 5696-000-143-0006,
5696-000-149-0000
McCormick West, Division 11, AFN 202203140148
GRANTOR, as owner of the real property legally described as Tracts 1 J, 1K, and I of McCormick West,
Division 11, Auditor's File No. 202203140148, records of Kitsap County, Washington, hereby establishes
a Sight Distance Easement over a portion of said Tracts legally described on Exhibit A and depicted on
Exhibit B attached.
The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions
(signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight
obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight
obstructions are subject to review by the City Engineer.
The burdens and benefits of this Easement shall run as covenants with the land.
nrt n my air — - — - - - - -
Page 78 of 354
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GRANTOR/ GRANTEE:
McCormick Woods Home Owners Association
By:
Its:
STATE OF WASHINGTON
ADDITIONAL GRANTEE:
City of Port Orchard
By:
Its:
)ss.
COUNTY OF �_ )
On this day of 202, before me, a Notary Public in
and for the State of Washington, personally appea ed r i personally known to
me (or proved to me on the basis of satisfactory evidence} to be the person who executed this instruction,
on oath stateA thath4he was aut orized to execute the instrument, and acknowledged it as the
Q r1�JJ G 111 V1tQA4 Iof
w;A u ' n _e-r'n - to be the free and
voluntary act and deed of said entities foi- the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the d y y
year first above
written.
NOTARY PUBLIC — &�� --p " NOTARY PUBLIC in and 0r the State of Washington,
STATE OF WASHINGTON Residing A,1�.-�J
COMM--rg I M 1, ! L
M D MARSHAM e fires 2 s 7
MY COMMISSION EXPIRR y a at ES appointment
FEBRUARY 26, 2025 Print Name
COMMISSION NO.164918
STATE OF WASHINGTON )
)ss.
COUNTY OF )
On this day of , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written
NOTARY PUBLIC in and for the State of Washington,
Residing at
My appointment expires
Print Name
Page 79 of 354
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SK
V"q C
McCORMICK WEST DIVISION 11 PAGE r * 8
SIGHT DISTANCE EASEMENT 101`3
^EXHIBIT B,
12100 NE 195th St, Suite 300
DESIGN 425.885.7877 Fax 425.885.7963 r�NAL LAB SCALE. 1" =300'
n 150 31DC
- — - ENGIN8ERING=PlA•NN1NG-�!!R•vfrrNG-t:A. -- -
JOB NO. 20197 6-8-22
Page 80 of 354
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Page 81 of 354
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110
TRACT 1R ,
111
N16'05'15"W
24.63
112
SIGHT -
DISTANCE
yIN�Oss+ EASEMENT
R� tp skk
SIGHT
DISTANCE
EASEMENT
113
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39.30
TRACT 1 J
TRACT 1S
R=25.00
�.-� A--34'25'07'
L=15.02
�N24'25'48'E
24.92
POINT OF
BEGINNING
McCORMICK WEST DIVISION 11 I PAGE
SIGHT DISTANCE EASEMENT Il 3 OF 3
EXHIBIT B _
12100 NE 195th St., Suite 300
DE5IGN 425.885.7877 Fax 425.885.7963
�rv[;rtvrER•1Nl�-•PiAt4N++ufG-SUN-V�-Y-1NG-l:A-
JOB NO. 20197
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Page 82 of 354
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Tr�
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 41
Subject: Adoption of a Resolution Accepting a
Public Pedestrian Access Easement from
Pulte Homes of Washington, Inc. for a
Portion of Assessor's Tax Parcels Nos.
5696-000-114-001, 5696-000-120-0003,
and 5696-000-121-002 of McCormick
West Division 11
Meeting Date:
September 13, 2022
Prepared by:
K. Chris Hammer
Interim Public Works
Director/City Engineer
Atty Routing No:
366922-0009 - PW
Atty Review Date:
September 7, 2022
Summary: Pulte Homes of Washington, Inc., a Washington Corporation, is the owner of Kitsap County
Assessor's Tax Parcels Nos. 5696-000-114-0001, 5696-000-120-0003 and 5696-000-121-0002, located in
McCormick West Division 11. The conditions of approval for the subdivision LU21-Plat Final-02 of
McCormick West Division 11 require that Pulte Homes of Washington, Inc grant a Public Pedestrian Access
Easement to the City of Port Orchard over a portion of the Assessor's Tax Parcels Nos. 5696-000-114-0001,
5696-000-120-0003 and 5696-000-121-0002, as legally described in Exhibits A and B to the Declaration of
Public Pedestrian Access Easement. If approved, the easement shall be binding upon the Grantor, its heirs,
successors, and assigns, including subsequent owners.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the Public
Pedestrian Access Easement from Pulte Homes of Washington, Inc.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to accept the Public
Pedestrian Access Easement from Pulte Homes of Washington, Inc.
Fiscal Impact: None.
Alternatives: None.
Attachments: Resolution No. 088-22 and PPAE-Pulte
Page 83 of 354
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RESOLUTION NO. 088-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM PULTE
HOMES OF WASHINGTON, INC., PURSUANT TO THE CONDITIONS OF APPROVAL
FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11.
WHEREAS, Pulte Homes of Washington, Inc., a Washington Corporation, is the owner of
Kitsap County Assessor's Tax Parcel No. 5696-000-114-0001, 5696-000-120-0003 and 5696-000-121-
0002 located in McCormick West Division 11; and
WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick
West Division 11 require that Pulte Homes of Washington, Inc. grant to the City of Port Orchard a
Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcel Nos. 5696-
000-114-0001, 5696-000-120-0003 and 5696-000-121-0002, as legally described in Exhibit A and B to
the Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and
incorporated herein by this reference.; and
WHEREAS, if approved, this easement shall be binding upon the Grantor, its heirs, successors
and assigns, including subsequent owners; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a
Public Pedestrian Access easement from Pulte Homes of Washington, Inc., and to
execute all documents necessary to effectuate this authorization
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 13th day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 84 of 354
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
DECLARATION OF
PUBLIC PEDESTRIAN ACCESS EASEMENT
Grantor(s): Pulte Homes of Washington, Inc., a Washington Corporation
and its successors and assigns
Grantee(s): City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range 1E, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-114-0001, 5696-000-120-0003,
5696-000-121-0002
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
This DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is
made effective , 2022, by the undersigned GRANTOR, as owner of the real property
legally described as Lots 114, 120, and 121, McCormick West, Division 11, Auditor's File No.
202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard,
a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access
Easement") over and across the subject property as described on Exhibit A and schematically shown on
Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures
(except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public
Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of
said sidewalk.
Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition
free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event
Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee,
Grantee shall have the right, but not the obligation, to perform such maintenance with the costs
being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on
Grantor's property, provided that Grantee shall have such other and further remedies to recover
the cost of such maintenance as provided by law.
Page 85 of 354
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2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage, or
other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the
subject property arising out of the negligence or willful misconduct of Grantor, their agents,
contractors, and employees, including but not limited to any claim or lawsuit for personal or
property injury.
This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors,
and assigns and the Grantee.
4. If any party engages an attorney in connection with any action in a court of law or arbitration to
enforce the terms of this Easement, the prevailing party in such action or proceeding will be
entitled to recover its reasonable attorneys' fees and other litigation expenses.
(Signatures on Following Page)
Page 86 of 354
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GRANTOR:
Pulte Homes of Washington, Inc
a Washington Corporation
ts:
S ATE OF WASHINGTON )
GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
)ss.
COUNTY OFQ� }
On this � JJ day of.. 2022, before me, a Notary Public in
and for the State of Washington, personally appeared Saw S010kt , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that helshe was authorized to execute the instrument, and acknowledged it as the
VG I* I AM of
to be the free and
voluntary act and deed of said entities for the u es and purposes mentioned in the instruction.
IN WITNESS WtW,4OF, I have hereunto set my hand and official seal the day and year first above
written. ``�,•`'',O1e Wi11rd �'''••
r,. --
�'' EXP s
o�M 99 , NOTARY PI L C in and for the State of Washington,
� NOTARY - Residing at
cs+ , My appointment expires
Print Name '
PUBUG10
'
Y
F S
STATE OF WAS!h d4 � �?2�'�'�+ ` )
)ss.
COUNTY OF )
On this day of , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of Washington,
Residing at
My appointment expires
Print Name
Page 87 of 354
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/08/2022
EXHIBIT "A"
LEGAL DESCRIPTION — PUBLIC PEDESTRIAN ACCESS EASEMENT
A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 120 AND 121,
MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF
RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP
COUNTY, WASHINGTON, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON
LINE BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE
TERMINUS OF SAID LINE;
TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 114 OF
SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED
STRIP CENTERLINE:
COMMENCING AT THE COMMON NORTHERLY CORNER OF SAID LOT AND LOT 113 AND
A POINT ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED
BY SAID PLAT,
THENCE N65"34'12"W, ALONG SAID MARGIN, 3.35 FEET TO A POINT OF TANGENCY
WITH A 25.00-FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
08°43'05", A DISTANCE OF 3.80 FEET AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED STRIP CENTERLINE;
THENCE S15042'42"W 2.50 FEET TO THE TERMINUS OF SAID LINE.
CONTAINS 40t SQUARE FEET (0.0009t ACRES)
Page 88 of 354
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121
PUBLIC PEDESTRIAN
ACCESS EASEMENT Y00011aNCK Iasi
SEE DETAIL BELOW DIVISION 11
AFN 20ZZ 40148
SCALE.1" = 40'
120 (00 0 20 40
�o
109
119
110
PUBLIC PEDESTRIAN J221
ACCESS EASEMENT
8.007
i y
120 2.50 aQ
iT4A
SCALE. 1" =10'
0 5 10
.
PAGE
'. R
a� s
MCCORMICK WEST DIVISION 11 4
PUB. PED. ACCESS EASEMENT 10F 2'R* 0'�
EXHIBIT B 1:
1 12100 NE i 95rh St., Suite 300 ;4 , 014
COREBothell, Washington 98011 SQ. T E $
DESIGN 425.865.7877 Fax 425.885.7963 ON L LAo
ENGINEERING -PLANNING -SURVEYING-L.A
JOB NO. 20107 6-8-22
Page 89 of 354
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MCCORMICK NEST
DIVISION 11
AFN 202203140148
l�a� R�siy
SCALE.1" - 40'
0 20 40
PUBLIC PEOESTRIANJ
ACCESS EASEMENT
115 SEE DETAIL BELOW
yS�
114 113
�O
�o
POINT OF R=25.00
BEGINNING A=8'43'05"
L=3.80
N15'42'42"E
2.50 N65 34'12"W
3.35
400
//s�
PUBLIC PEDESTRIAN -/ B.00.OD
ACCESS EASEMENT _~ SCALE: 1" =10'
114 113 0 5 10
mUpvKmiun rrra1 Uiviawry 11 PAGE
PUB. PED. ACCESS EASEMENT 2 OF 2
^EXHIBIT B
1 12100 NE 1951h St, Suite 300
COREBothell, Woshington 98011
1lESIGN 425.8857877 Fax 425.885.7963
ENGINEERING -PLANNING -SURVEYING-L.A.
JOB NO. 20197
6 8 22
Page 90 of 354
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�_. City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
" (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4.1
Meeting Date:
September 13, 2022
Subject: Adoption of a Resolution Accepting
Prepared by:
K. Chris Hammer
a Sight Distance Easement from Century
Interim Public Works
Communities of Washington, LLC for a
Director/City Engineer
portion of Assessor's Tax
Atty Routing No:
366922-0009 - PW
Parcel No. 5696-000-094-0005 located in
Atty Review Date:
September 7, 2022
McCormick West Division 11
Summary: Century Communities of Washington, LLC, a Delaware Limited Liability Corporation, is the owner
of Kitsap County Assessor's Tax Parcel No. 5696-000-094-0005, located in McCormick West Division 11.
Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port Orchard
over a portion of Kitsap County Assessor's Tax Parcel No. 5696-000-094-0005 located in McCormick West
Division 11, as legally described in Exhibits A and B of the Sight Distance Easement. Pursuant to its terms,
the Easement shall be binding upon Century Communities of Washington, LLC, its heirs, successors and
assigns, including subsequent owners.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the Sight Distance
Easement from Century Communities of WA, LLC.
Motion for Consideration: I move to adopt a resolution authorizing the Mayor to accept the Sight Distance
Easement from Century Communities of WA, LLC
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 089-22, SIDE Century
Page 91 of 354
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RESOLUTION NO. 089-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM CENTURY
COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF
APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST
DIVISION 11.
WHEREAS, Century Communities of Washington, LLC, a Delaware Limited Liability
Corporation is the owner of Kitsap County Assessor's Tax Parcel No. 5696-000-094-0005 located in
McCormick West Division 11; and
WHEREAS, as a condition of approval of LU21-Plat Final-02 of McCormick West Division 11,
Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port
Orchard, over a portion of Kitsap County Assessor's Tax parcel No. 5696-000-094-0005 located in
McCormick West Division 11, as legally described in Exhibits A and B of the Sight Distance Easement,
attached hereto as Attachment A and incorporated herein by this reference; and
WHEREAS, according to its terms Sight Distance Easement is binding upon the Century
Communities of Washington, LLC, its heirs, successors and assigns including subsequent owners; and
WHEREAS, the City Council finds that the acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Sight
Distance Easement from Century Communities of Washington, LLC, and to execute all
documents necessary to effectuate this authorization.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage this 131h day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 92 of 354
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
SIGHT DISTANCE EASEMENT
Grantoe(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
Grantee(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation
and its successors and assigns
City of Port Orchard, a Washington municipal corporation
Abbreviated Legal Description:
A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-094-0005
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
GRANTOR, as owner of the real property legally described as Lot 94, McCormick West, Division 11,
Auditor's File No. 202203140148, records of Kitsap County, Washington, hereby establishes a Sight
Distance Easement over a portion of said Lot legally described on Exhibit A and depicted on Exhibit B
attached.
The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions
(signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight
obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight
obstructions are subject to review by the City Engineer.
The burdens and benefits of this Easement shall run as covenants with the land.
(Signatures on Following Page)
Page 93 of 354
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GRANTOR/ GRANTEE:
Century Communities of Washington LLC
a Delaware Limited Liability Corporation
By:
?#s, ivision President
STATE OF WASHINGTON )
)ss.
COUNTY OF Sfthbty�Sk )
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
USA
On this ) 174h day of 2022, before me, a Notary Public in
and for the State of Washington, personally appeared IKristian Cermak _, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
Division President of
Century Communities of WashinRtori. LLC to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written. �.s` R a AMpi���l►
���,.rr�r�►►»rrrr �i�
+�y G •r NOTARY PUB IC and for the St4e of Washington,
� '�'►,� f Residing at W.
y 20102801 S My appointment expires J �k — r7 -
¢• r Print Name 1" Norfyn
'I'►►►►t�a�yWA5N���.��
11k%% %►�t��
STATE OF WASHINGTON� )
)ss.
COUNTY OF )
On this day of _ , 2022, before me, a Notary Public in
and for the State of Washington, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of Washington,
Residing at
Print Name
Page 94 of 354
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/06/2022
EXHIBIT "A"
LEGAL ❑ESCRIPTION - LOT 94 SIGHT ❑ISTANCE EASEMENT
THAT PORTION OF LOT 94, MCCORMICK WEST DIVISION 11, ACCORDING TO THE
AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148,
RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 94 AND TRACT
1 E OF SAID PLAT AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A
PUBLIC ROAD DEDICATED BY SAID PLAT;
THENCE THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE COMMON
LINE BETWEEN SAID LOT AND MARGIN;
THENCE N13055'29"E 9.89 FEET TO A POINT OF TANGENCY WITH A 160.00-FOOT
RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
19-11-45", A DISTANCE OF 53.61 FEET TO A POINT OF TANGENCY;
THENCE N05016'16"W 30.89 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT
RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
40026-05", A DISTANCE OF 17.64 FEET TO A POINT OF NON -TANGENCY;
THENCE S06027'49"E 75.13 FEET;
THENCE S14049'51 "W 34.78 FEET TO THE COMMON LINE OF SAID LOT AND SAID
TRACT;
THENCE S78027'46"E, ALONG SAID COMMON LINE, 4.40 FEET TO THE POINT OF
BEGINNING.
CONTAINS 464± SQUARE FEET (0.0106± ACRES)
1 a
q0l .
I STE��?. •,�
LAB
Page 95 of 354
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)T 94 MCCORMICK WEST DIVISfON III PAGE
SIGHT DISTANCE EASEMENT 10F 2
^EXHIBIT B
1 12100 NE 195th St., Suite 300
.om &ulbell, Wushilpynon 98011
DESIGN 425,885.7877 Fax425.885,7963
JOB NO. 20197
SCALE. 1" =300'
Page 96 of 354
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54
56
3
0
R�� STRFFr
�
Q
w
cs
R=25.00
6=40'26'05" _
L=17.64
95
1
N0516'16"W
94
30.89
I
N06'27'49'W
R=160.00
A=1911'45"'
75.13
L=53.61
N14'49'51"E
34.78
N13'S5'29"E
9.89
TRACT 1E
N78'27'46"W
4'�
POINT OF
BEGINNING
IT 94 McCORMICK WEST DIVE510N 1 �`v• 'of 8
SIGHT DISTANCE EASEMENT PAGE �e�.*t, a ��
EXHIBIT B 2 OF 2 : Z
a
12100 NE 195th St., Suite 300 �'•.
14..q..' �...
CORE Kati erl, woshingtwi 98011
a
DESIGN 425.885.7877 Fax 425.885.7963 fakAL LAB
JOB NO. 201 J7 6-8-22
KI
57
kl:
59
SCALE. 1" = 50'
Page 97 of 354
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MIN City of Port Orchard
„`' 216 Prospect Street, Port Orchard, WA 98366
ear Ill�i e
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4K Meeting Date
Subject: Adoption of a Resolution Accepting Prepared by
a Si.Qht Distance Easement from
Mainvue WA, LLC for a portion of
Assessor's Tax Parcel Nos. 5696-000- Atty Routing No.
034-0008 and 5696-000-042-0008 Atty Review Date
Located in McCormick West Division 11
September 13, 2022
K. Chris Hammer
Interim Public Works
Director/City Engineer
366922-009 - PW
September 7, 2022
Summary: Mainvue WA, LLC, a Washington Limited Liability Company, is the owner of Kitsap County
Assessor's Tax Parcel Nos. 5696-000-034-0008 and 5696-000-042-0008 located in McCormick West Division
11. Mainvue WA, LLC must grant a Sight Distance Easement to the City of Port Orchard over a portion of
Kitsap County Assessor's Tax parcel Nos. 5696-000-034-0008 and 5696-000-042-0008 located in McCormick
West Division 11, as legally described in Exhibits A and B of the Sight Distance Easement, . Pursuant to its
terms, the Easement shall be binding upon Mainvue WA, LLC, its heirs, successors and assigns, including
subsequent owners.
Relationship to Comprehensive Plan: NA
Recommendation: Staff recommends that the City Council adopt a Resolution accepting the Sight Distance
Easement from Mainvue WA, LLC.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to accept the Sight Distance
Easement from Mainvue WA, LLC, and to execute all documents necessary to effectuate this authorization.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 090-22, SIDE Mainvue
Page 98 of 354
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RESOLUTION NO. 090-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM MAINVUE WA,
LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21-
PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11.
WHEREAS, Mainvue WA, LLC, a Washington Limited Liability Company is the owner of
Kitsap County Assessor's Tax Parcel Nos. 5696-000-034-0008 and 5696-000-042-0008 located in
McCormick West Division 11; and
WHEREAS, as a condition of approval of LU21-Plat Final-02 of McCormick West Division
11, Mainvue WA, LLC must grant a Sight Distance Easement to the City of Port Orchard over a
portion of Kitsap County Assessor's Tax Parcel Nos. 5696-000-034-0008 and 5696-000-042-0008
located in McCormick West Division 11, as legally described in Exhibits A and B of the Sight
Distance Easement, attached hereto as Attachment A and incorporated herein by this reference;
and
WHEREAS, according to its terms Sight Distance Easement is binding upon Mainvue WA,
LLC, its heirs, successors and assigns, including subsequent owners; and
WHEREAS, the City Council finds that acceptance of the proposed easement is in the
best interest of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a
Sight Distance Easement from Mainvue WA, LLC, and to execute all documents
necessary to effectuate this authorization.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 131h day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 99 of 354
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After Recording Return To:
McCormick Communities LLC
Attn: Greg Krabbe
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
Grantor(s):
Grantee(s):
Abbreviated Legal Description:
SIGHT DISTANCE EASEMENT
Mainvue WA, LLC, a Washington Limited Liability Company
and its successors and assigns
Mainvue WA, LLC, a Washington Limited Liability Company
and its successors and assigns
City of Port Orchard, a Washington municipal corporation
A portion of the SW 1/4 of the NE 1/4 of Section 8, Township 23N, Range IE, W.M.
City of Port Orchard, Kitsap County, Washington.
Additional Legal Description: See Exhibits A & B of this document
Assessor's Tax Parcel Nos.: 5696-000-034-0008, 5696-000-042-0008
Additional Reference Document: McCormick West, Division 11, AFN 202203140148
GRANTOR, as owner of the real property legally described as Lots 34 and 42, McCormick West, Division
11, Auditor's File No. 202203140148, records of Kitsap County, Washington, hereby establishes a Sight
Distance Easement over a portion of said Lots legally described on Exhibit A and depicted on Exhibit B
attached.
The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions
(signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight
obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight
obstructions are subject to review by the City Engineer.
The burdens and benefits of this Easement shall run as covenants with the land.
(Signatures on Following Page)
Page 100 of 354
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GRANTOR/ GRANTEE:
Mainvue WA, LLC,
a Washington Limited Liability Corporation
By: 0
Its: ViA,.3N—Cs6 PI'S N0lL%0'-J
ADDITIONAL GRANTEE:
City of Port Orchard,
a Washington municipal corporation
By:
Its:
STATE OF WANGTON )
)ss.
COUNTY OF l naA)
On this t"� day of S. 2022gbefore me, a Notary Public in
and for the State of Washington, personally appeared L' cti l LkUtemnally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oa ted tha# he/phe was authorized to execute the instrument, and acknowledged it as the
{re,S ► i�l of
u { to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOI , i have hereunto set mykand and official seal the day and year first above
ststo of Wruiialtm V%
MONI_QUE M RYAN NO RY PU L i nd for th j tate of
LICENSE # 183638 Residing at KV',-
MY COMMISSION lEXPlRF.S My appointme t pines
FEBRUARY 17, 2� Print Name W4
STATE OF WASHINGTON )
)ss.
COUNTY OF )
On this day of 2022, before me, a Notary Public in
and for the State of Washington, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction,
on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
of
to be the free and
voluntary act and deed of said entities for the uses and purposes mentioned in the instruction.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of Washington,
-
My appointment expires
Print Name
Page 101 of 354
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/07/2022
EXHIBIT "A"
LEGAL DESCRIPTION — LOT 34 SIGHT DISTANCE EASEMENT
THAT PORTION OF LOT 34, MCCORMICK WEST DIVISION 11, ACCORDING TO THE
AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148,
RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE EASTERLY COMMON CORNER OF LOTS 34 AND 35 OF SAID
PLAT AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD
DEDICATED BY SAID PLAT;
THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE COMMON
LINE BETWEEN SAID LOT 34 AND MARGIN;
THENCE S24025'48"W 60.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PORTION;
THENCE S2402548"W 19.64 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT
RADIUS CURVE TO THE RIGHT;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
28°00'52", A DISTANCE OF 12.22 FEET TO A POINT OF NON -TANGENCY;
THENCE N29045'44"E 31.52 FEET TO SAID COMMON LINE AND THE POINT OF
BEGINNING.
sic.P,
CONTAINS 34± SQUARE FEET (0.0008±ACRES) rco
°�s"
q0l9 .
A 06108I2022
Page 102 of 354
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SIGHT DISTANCE EASEMENT
EXHIBIT B
ENGINEERING -PLANNING -SURVEYING-LA.
a
-rsTT".
0 150 300
Page 103 of 354
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spy
RR��A
14 WCORMiCK VILEST DIVISION I1PAGE
¢y Olt' S
SIGHT DISTANCE EASEMENT 2 OF 2 �:Z fl �
EXHIBIT B ,:.
a
12100 NE 195ch St, 3oire 300 ay'•,
7nim Bothell, Washington 98011 �O r 601 E�?
ENGINEERING -PLANNING -SURVEYING-LA.
0 25 50
Page 104 of 354
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CORE DESIGN, INC.
BOTHELL WA 98011
CORE PROJECT NO: 20197
06/07/2022
EXHIBIT "A"
LEGAL DESCRIPTION — LOT 42 SIGHT DISTANCE EASEMENT
THAT PORTION OF LOT 42, MCCORMICK WEST DIVISION 11, ACCORDING TO THE
AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148,
RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY COMMON CORNER OF LOTS 41 AND 42 OF SAID
PLAT;
THENCE S73055'17"E 16.85 FEET TO THE COMMON LINE OF SAID LOT 42 AND A POINT
ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID
PLAT AND ON A 160.00-FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH
BEARS S81 °19'52"W AND AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PORTION;
THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE COMMON
LINE BETWEEN SAID LOT AND MARGIN;
THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
33005'55", A DISTANCE OF 92.43 FEET TO A POINT OF TANGENCY;
THENCE S24025'48"W 4.95 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS
CURVE TO THE RIGHT;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
54°41'04", A DISTANCE OF 23.86 FEET TO A POINT OF NON -TANGENCY;
THENCE N16038'34"E 113.77 FEET TO SAID COMMON LINE AND THE POINT OF
BEGINNING.
CONTAINS 1,263± SQUARE FEET (0.0289±ACRES)
Page 105 of 354
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ILOT 42
SIGHT D STAFNBCE 6 EASEMENTIT DIVISION ill 10F 2 IAGE I
72100 NE 19Sth St., Suite 300
Bothell, Washington 98011
ENGINEERING -PLANNING-SURVEYING-LA,
- — —— — - --I—
4
Page 106 of 354
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N77'43'06"W
58.55
N8119'52"E (R)---
POIP
41 BEGII
4:
C
OT 42 McC0RMICK WEST DIVISION 11 PAGE p4 R s
SIGHT DISTANCE EASEMENT
EXHIBIT B 2 OF 2 :..:
' ae
12100 NE 195th St, Suite 300
CO
�� Bothell, Washington 98011 ..0 B01
4 p4.:
DESIGN 425.885.7877 Fax 425.885.7963 r0 LAID SCALE: V = 50'
0 25 51
ENGINEERING -PLANNING -SURVEYING-L,A,
JOB No. 20 107
Page 107 of 354
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Jeff Faucett is the Fire Chief for South Kitsap Fire and Rescue. He started his fire service
career in 1992 as a volunteer firefighter with the fire district. In 1998 he was hired as a
full-time firefighter and has been with the fire district his entire career. Chief Faucett is
dedicated to the South Kitsap Community as a resident and a public official. He currently
serves as the chairperson for the Kitsap County EMS Council and he is the chairperson
for both the Kitsap County Fire Chief and Washington State Fire Chiefs Legislative
groups. Chief Faucett is also an active member of the South Kitsap Rotary and the South
Kitsap Chamber of Commerce.
Chief Faucett's passion is to be available, approachable, and engaged with our
community in the areas of public safety, fire, and EMS. Chief Faucett and his wife,
Fawnda, live in South Kitsap. They have three grown children and one granddaughter.
They enjoy traveling, sporting events, golfing, and time working in their yard.
Page 108 of 354
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
Public Hearing 6A
Imposing a 1/10t" of 1% Sales Tax Dedicated
for Transportation
Back to Agenda
Meeting Date: September 13, 2022
Prepared by: Noah Crocker
Finance Director
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: The City Council has been discussing alternative funding approaches for transportation projects
within the city. At the 2022 Council Retreat the City Council discussed the pros and cons of a transportation
benefit district (TBD) sales tax and potential uses of this funding source. At the June Council meeting, staff
presented information regarding Senate Bill 5974 passed by the state legislature which would allow for
councilmanic action to impose a of one -tenth of one percent (0.1%) sales tax increase dedicated to
transportation in the City of Port Orchard. (This was codified as RCW 82.14.0455.) The Council requested
further analysis and held additional discussions during the months of June, July, and at the first meeting in
August.
If adopted, the sales and use tax will be used for the purpose of acquiring, investing in, constructing,
improving, providing, operating, preserving, maintaining and/or funding transportation improvements within
the City of Port Orchard Transportation Benefit District, which are coterminous with the City of Port Orchard
City limits, and which are identified in the City of Port Orchard's Comprehensive Plan Transportation Element
and the City's Six- and twenty- Year Transportation Improvement Programs.
The attached ordinance would impose an additional one -tenth sales tax dedicated for transportation.
Furthermore, this ordinance and the sales and use tax imposed herein shall automatically expire without
further action of the City Council of the City of Port Orchard ten (10) years after the effective date of the tax.
Although not required, the City Council desires to hold a public hearing prior to taking action on the proposed
ordinance. This hearing is a part of a public process which leads to the adoption of an Ordinance.
Relationship to Comprehensive Plan: This funding source will assist the City in implementing the
transportation improvements that are part of the City Comprehensive Plan.
Recommendation: Staff recommends Opening and Conducting a Public Hearing.
Fiscal Impact: If adopted, the sales tax for the transportation benefit district is forecasted to generate $8.3
million over the 10 years.
Alternatives: N/A.
Attachments: Draft ordinance.
Page 109 of 354
Back to Agenda
ORDINANCE NO. -22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, IMPOSING AN
ADDITIONAL SALES AND USE TAX OF ONE -TENTH OF ONE PERCENT WITHIN THE
BOUNDARIES OF THE PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT FOR
THE PURPOSE OF FINANCING THE COSTS ASSOCIATED WITH TRANSPORTATION
IMPROVEMENTS IN THE TRANSPORTATION BENEFIT DISTRICT AS AUTHORIZED
BY RCW 36.73.040; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE AND EXPIRATION DATE.
WHEREAS, on December 8, 2015 the Port Orchard City Council established a
Transportation Benefit District (hereinafter "TBD") pursuant to Chapter 36.73 RCW by adoption
of Ordinance No. 027-15; and
WHEREAS, the boundaries for the City of Port Orchard Transportation Benefits District
are coterminous with the boundaries of the City of Port Orchard City Limits; and
WHEREAS, Ordinance No. 027-15 provided all Council members would serve as the TBD
Board members and would take on all rights, powers, functions, and obligations of the TBD; and
WHEREAS, on June 14, 2016 by adoption of Ordinance No. 010-16, the City of Port
Orchard assumed the rights, powers, immunities, functions, and obligations of the Port Orchard
Transportation Benefit District, pursuant to Second Engrossed Substitute Senate Bill 5987 (2015),
which amended Chapter 36.73 RCW to allow for such assumption; and
WHEREAS, on July 16, 2016 Ordinance No. 010-16 was later repealed in error by
Ordinance No. 020-16 which was itself repealed by Ordinance 020-17 on July 27, 2016 under
which the City of Port Orchard again assumed the rights, powers, immunities, functions, and
obligations of the Port Orchard Transportation Benefit District; and
WHEREAS, on July 12, 2016 the City Council adopted Ordinance No. 019-16 which
imposed a $20 license fee on vehicles registered in Port Orchard; and
WHEREAS, the City's necessary transportation improvement projects are identified in the
City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and
Twenty -Year Transportation Improvement Programs; and
WHEREAS, City of Port Orchard Ordinance No. 027-15 provides that funds generated by
the City of Port Orchard Transportation Benefit District shall be used for transportation
improvements that preserve, maintain, operate, construct, and reconstruct the planned and/or
existing transportation infrastructure of the City/District, consistent with the requirements of
Chapter 36.73 RCW; and
1647384.5 - 366922 -0007
Page 110 of 354
Back to Agenda
Ordinance No. -22
Page 2 of 4
WHEREAS, RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a
sales and use tax subject to the provisions of RCW 36.73.065; and
WHEREAS, RCW 36.73.065(4)(a)(v) authorizes transportation benefit districts to impose a
sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one -tenth of
one percent (0.1%) for a period of 10 years upon a majority vote of the governing board for the
purpose of financing certain transportation improvements; and
WHEREAS, the City Council held a public hearing on the imposition of the imposition of
the 0.01%TBD sales and use tax on September 13, 2022; and
WHEREAS, the City Council considered this matter at the following regular Council
meetings which included public comment periods: September 13th and September 27th, 2022;
and
WHEREAS, the City of Port Orchard has identified the sales and use tax authorized by RCW
82.14.0455, as well as any other lawful funding sources available to the TBD pursuant to RCW
36.73.040, as funding sources available to the TBD; and
WHEREAS, a sales and use tax will be used for the purpose of acquiring, investing in,
constructing, improving, providing, operating, preserving, maintaining and/or funding
transportation improvements within the City of Port Orchard Transportation Benefit District,
which are coterminous with the City of Port Orchard City limits, and which are identified in the
City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and
twenty- Year Transportation Improvement Programs; and
WHEREAS, a sales and use tax will apply to all persons who shop and thereby use streets
and roadways in the City of Port Orchard; and
WHEREAS, such sales and use tax will be effective on January 1, 2023 and be in effect for
a period of 10 years as permitted by law; and
WHEREAS, the City Council as the governing board of the City of Port Orchard
Transportation Benefit District has considered this matter during a regular City Council meeting
of said Council, has given this matter careful review and consideration, and finds that the best
interests of the City of Port Orchard and the Transportation Benefit District will be served by
passage of this ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
�] :Z 7_1 I ► I_F� 7�] ��1�i�E�
Section 1. Findings. The findings and recitals set forth above are hereby adopted and
incorporated herein by this reference.
Page 111 of 354
Back to Agenda
Ordinance No. -22
Page 3 of 4
Section 2. Imposition of additional 0.1% sales tax. The City Council as the governing
board of the City of Port Orchard Transportation Benefit District finds that it is in the best interest
of the City and the Transportation Benefit District to impose a sales and use tax of one -tenth of
one percent (0.1%) pursuant to Sections 36.73.040(3)(a), 36.73.065(4)(v), and 82.14.0455 of the
Revised Code of Washington. Such sales and use tax is for the purpose of raising revenue to
acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund
transportation improvements in the Transportation Benefit District. The sales and use tax shall
be imposed for a period not exceeding ten (10) years. The tax shall be in addition to any other
taxes authorized by law and shall be collected from those persons who are taxable by the state
under Chapters 82.08 and 82.12 of the Revised Code of Washington, as amended, upon the
occurrence of any taxable event within the boundaries of the City of Port Orchard Transportation
Benefit District which is conterminous with the City of Port Orchard City limits.
Section 3. Description of transportation improvements. The revenues from a sales and
use tax may be used to acquire, invest in, construct, improve, provide, operate, preserve,
maintain and/or fund the following described transportation improvements:
A. Projects in the TBD identified in the City of Port Orchard's Comprehensive Plan
Transportation Element and the City of Port Orchard's Six- and Twenty Year
Transportation Improvement Programs;
B. Expanded projects identified in accordance with Section 36.73.160 RCW, as
amended.
The cost of all construction, maintenance, preservation, operation, design, engineering,
construction management, financial, legal, and other consulting services, inspection and testing,
administrative and relocation expenses, and other costs incurred in connection with the
foregoing described transportation benefit district projects shall be deemed to be part of the
transportation improvements.
Section 4. Notice to Department of Revenue. The City Clerk is instructed to submit this
Ordinance to the Washington Department of Revenue (DOR), and to direct DOR to take all steps
necessary to immediately implement and collect the tax imposed by this Ordinance.
Section S. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
Section 6. Corrections. Upon the approval of the city attorney, the city clerk 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.
Page 112 of 354
Back to Agenda
Ordinance No. -22
Page 4 of 4
Section 7. Effective Date. This ordinance shall be in full force and effect five (5) days
after publication as provided by law, provided that the additional sales and use tax imposed by
Section 2 shall only apply to taxable events occurring on and after 12:01 AM on January 1, 2023.
A summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
Section 8. Expiration. This ordinance and the sales and use tax imposed herein shall
automatically expire without further action of the City Council of the City of Port Orchard ten
(10) years after the effective date of the tax as set forth in Section 7 above at midnight on
December 31, 2032.
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 _ day of , 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney *****, Council Member
PUBLISHED:
EFFECTIVE DATE:
Page 113 of 354
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 66
Subject: McCormick Woods Development
Agreement for Park Impact Fee Credits
Back to Agenda
Meeting Date: September 13, 2022
Prepared by: Nicholas Bond, AICP
Atty Routing No.:
Atty Review Date:
DCD Director
N/A
August 29, 2022
Summary: The City has negotiated a development agreement for park impact fee credits with McCormick
Communities. This agreement, if approved, would provide park impact fee credits to homebuilders in areas
McCormick Woods, North, and West areas as identified in the agreement in exchange for public park
improvements provided by the developer.
The McCormick Woods development consists of several hundred acres as depicted and shaded on Exhibit B to
the Development Agreement. The Development Agreement applies to the shaded properties and eventual
resultant Lots which are generally under McCormick Communities ownership, but also includes some fee simple
Lots under ownership by home builders identified in Exhibit I. Much of the area subject to the Development
Agreement has either received preliminary or final plat approval. The Development Agreement provides a park
impact fee credit for an approximated 2,650 dwelling units within the identified area upon building permit
issuance.
McCormick Communities and the City have identified several projects, collectively known as "Park
Improvements", in the Parks Element and the adopted Parks, Recreation and Open Space Plan serving the public
within the vicinity and which McCormick Communities intends to construct including:
Project Estimated Cost
McCormick Village Park Phase 3 $1,250,000
St. Andrew's Multi -Modal Trail (in McCormick Woods) $979,012
McCormick West Multi -Modal Trail Phase 1 $1,468,518
McCormick West Multi -Modal Trail Phase 2 $979,012
Total $4,676,542
The City and McCormick Communities have agreed to a maximum park impact fee credit of $5,320,285
comprised of the estimated cost of the Park Improvements ($4,676,542,) and the cost of donated land and
improvements related McCormick Village Park ($643,743) based on past actions by McCormick Communities and
their predecessor. The City and McCormick Communities agree the maximum park impact fee credit per dwelling
unit is $2,008 which is derived from the maximum park impact fee credit divided by the anticipated 2,650
dwelling units within the area identified in Exhibit B. Park impact fees are based on housing types as
Page 114 of 354
Back to Agenda
Public Hearing 613
Page 2 of 2
described in the adopted park impact fee schedule and the rate will be applied for a 20-year term or until
the Maximum Park Impact Fee Credit amount is reached, whichever occurs first.
POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In
this case, the application for the development agreement was filed by McCormick Communities on July
18, 2022. The City determined the application to be complete on August 18, 2022. The City of Port
Orchard's Responsible Official issued and Determination of Nonsignificance for the Development
Agreement, and the City advertised the September 13, 2022 Public Hearing on August 26, 2022 consistent
with the requirements of Port Orchard Municipal Code 20.26.050. The Department of Community
Development received and responded to two comments in response to the Notice of Hearing and the
Determination of Nonsignificance. These comments are included as attachments to this Report.
Relationship to Comprehensive Plan: The Development Agreement includes projects identified in the
Parks, Recreation and Open Space Plan as incorporated into the Parks Element of the Comprehensive
Plan.
Recommendation: Staff recommends that the City Council hold a public hearing on the McCormick Woods
Park development agreement for park impact fee credits.
Fiscal Impact: The proposed agreement will result in the developer constructing projects listed on the
City's Parks, Recreation and Open Space Plan saving the city money and staff resources. The dedication of
the facilities will result in the ongoing maintenance of public infrastructure.
Alternatives: Do not approve the Development Agreement; request changes to the Development
Agreement.
Attachments: Public Comments. Please see the following items as attached to the corresponding business
item (Business Item 7A): Ordinance; McCormick Woods Park Development Agreement; Exhibits to
McCormick Woods Park Development Agreement.
Page 115 of 354
Back to Agenda
From:
Jackie Krukoff
To:
"Duane Johnson"
Cc:
Planning Mailbox
Subject:
RE: LU22-DEV AGREEMENT-04
Date:
Monday, August 29, 2022 1:45:52 PM
Good Afternoon Mr. Johnson,
I have forwarded your email to our lead planner. Due to a high volume of calls/emails, he should be getting back to
you within the next couple of business days.
Regards,
Jackie Krukoff
-----Original Message -----
From: Duane Johnson <duanerj 16@gmail.com>
Sent: Monday, August 29, 2022 1:37 PM
To: Planning Mailbox <Planning@cityofportorchard.us>
Subject: LU22-DEV AGREEMENT-04
I'm hoping that someone can answer a couple of questions for me.
I received the notice of DNS for McCormick Park Development in the mail but I am having a hard time
understanding the meaning of it.
Is the developer McCormick Inc proposing to include the shaded areas of the map into our current McCormick
Woods park system? Also what does the WD on the darker shaded area mean?
I tried and failed to find any more information on your website.
Thank you for your time,
Duane Johnson
2251 Donnegal Cir SW
Page 116 of 354
Back to Agenda
From:
Juvann Williams
To:
Planning Mailbox
Subject:
McCormick Park Development proposal
Date:
Tuesday, September 06, 2022 4:28:33 PM
Re: LU22-DEV Agreement-04
I am opposed to the development and dedication of a public park within McCormick
Woods. We have lived here for 6 years and are dedicated to the rural feel of our small
(yet growing) community.
During our time here, the area has grown with more and more houses being built with
families and seniors occupying the new and older homes. We have plenty of folks
utilizing our parks without having an open invitation to the general public. HOA dues
are collected annually to maintain the common area spaces. I am not interested in the
least of increasing dues nor paying increased public taxes (fees) to cover proposed
public parks within our community.
Again, I am not opposed to parks, just opposed to open public parks within the
McCormick Woods compound.
Thank you.
Juvann Williams
McCormick Woods resident
Page 117 of 354
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6C
Subject: First Reading and Public Hearing
Regarding the Proposed 2023 Water Rate
Increase
Back to Agenda
Meeting Date: September 13, 2022
Prepared by: Jacki Brown
Utilities Manager
Atty Routing No.: 366922-0013 — Water
Atty Review Date: September 6, 2022
Summary: On March 23, 2021, the City of Port Orchard approved Contract No. 038-21 with Katy Isaksen
& Associates, Inc., to prepare the 2021 Utility Financial Program including an analysis of the City's water
rates. The purpose of the analysis was to develop a financial plan and six -year rate outlook for funding
utility operations, debt repayment and capital improvements, with the output being the impact on rates
to complete the identified water programs. The proposed rate amendments were discussed at several
public meetings, including a PowerPoint presentation of the proposed 2023 Water Rates presented by
Assistant Finance Manager Rebecca Zick at the regular Council Meeting of August 9, 2022. This public
hearing would review an ordinance amending POMC Chapter 13.04 to implement the proposed rate
increase for Water Rates.
Recommendation: Open the Public Hearing.
Alternatives: Do not open Public Hearing
Attachments: Draft Ordinance, Ch. 13.04 POMC Redline
Page 118 of 354
Back to Agenda
13.04.010 Bimonthly water rates.
Water rates are based on a bimonthly schedule and are separated into two classes for billing purposes —
residential and non-residential. Residential rates are a function of ERUs plus consumption.
Non-residential rates are a function of meter size and consumption.
as calculated bimonthly, are shown on the water rate table. Rates shown in the final year of
the table below will remain in effect for each subseauent vear until further council
Formatted: Superscript
Formatted: Justified, Indent: Left: 0.5", Space After: 0
pt, Keep with next
action. Rates in effect on the first day of the billing date are charged for the entire billing
period., Formatted: Font: (Default) Calibri, 12 pt
(a)Single Residential Connections. Single connections are where one customer is being served
through a master meter and the billing is based on the flow through such master meter. The
bimonthly base rate is shown on the Water rate table, plus consumption charges for water
usage in gallons are set forth in subsection (1)(d) of this section.
b) Multi -family Residential Connections. The bimonthly base rate is calculated based on the
number of units (base rate multiplied by the number of residential units) served by the master
meter. In addition to the base rate, consumption charges for water usage in gallons are set
forth in subsection (1)(d) of this section.
(c) Non-residential Connections. Non-residential customers shall be charged the bimonthly base - Formatted: Line spacing: Multiple 1.15 li, Adjust space
rate per meter determined by the size of the meter. The base fee for meters larger than W between Latin and Asian text, Adjust space between
are set per the AWWA Industry Standard Methodology and as set forth in the water rate table. Asian text and numbers, Tab stops: Not at 0.5"
In addition to the base rate, consumption charges for water usage in gallons are set forth in
subsection (1)(d) of the section.
d) Consumption charges shall be charged in the six tiers as shown in the water rate table.
e) Properties Outside City Limits. Properties served outside the city limits shall have a 50 percent
surcharge on the bimonthly rate.
Formatted: Font: Calibri, 12 pt
Formatted: Font: Calibri, 12 pt
(g) Temporary Service: includes one day service, construction/hydrants account and shall
be charged the base rate by meter size plus consumptions charges for metered water
usage., See the water rate table. Formatted: Font: Calibri, 12 pt
(h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The following
rental fees plus sales tax listed in the water rate table shall apply to all persons renting a meter.
In addition, the temporary service (g) base rate by meter size plus consumption charges
for metered water usage shall apply.
Page 119 of 354
Back to Agenda
Water Rates
a), b)
Bimonthly
Residential
2023
2024
2025
2026
2027
Base Rate per
$53.50
57.50
61.50
65.50
69.50
+plus
ERU
consumption
c)
Bimonthly
Non -Residential
Base Rate %"
$53.50
$57.50
$61.50
$65.50
$69.50
plus+
Meter
consumption
1" Meter
$89.35
$96.03
$102.71
$109.39
$116.07
plus+
consumption
1.5" Meter
$178.16
$191.48
$204.80
$218.12
$231.44
plus+
consumption
2" Meter
$285.16
$306.48
$349.12
$349.12
$370.44
plus+
consumption
3" Meter
$535.00
$575.00
$655.00
$655.00
$695.00
plus+
consumption
4" Meter
$891.85
$958.53
$1091.89
$1091.89
$1158.57
plus+
consumption
Page 120 of 354
Back to Agenda
6" Meter $1783.16 $1916.48 $2049.80 $2183.12 $2316.44 plus+
consumption
d) Consumption
0 - 5,000
$3.85
4
gallons
5,001-10,000
$4.85
5.04
gallons
10,001- 20,000
$5.24
5.45
gallons
20,001- 30,000
$5.71
5.94
gallons
30,001- 50,000
$6.28
6.53
gallons
50,001 + gallons
$6.97
7.25
e) Outside City
50% surcharge
Limits
f) Fire Hydrant
Qimonthly
Service
per hyd.
service
4.16
4.33
4.5
Per 1,000 gallons
5.25
5.46
5.67
Per 1,000 gallons
5.674
5.89
6.13
Per 1,000 gallons
6.18
6.42
6.68
Per 1,000 gallons
6.79
7.06
7.35
Per 1,000 gallons
7.54
7.84
8.15
Per 1,000 gallons
Hydrant
g) Temporary Base rate for meter size plus consumption
Service per table
h) Meter Refundable deposit for meter rental;
Rentals sales tax added to 30-day rental fees
Per month Base meter size as shown above plus consumption
First 60 days $0
Bimonthly rate $800
after 60 days
Water
20"
2044
20"
3819
20"
a) Single Conneetion Bimonth!
' 14" �--�,�-- -3,090 ga4 base
$3549
$39.70
$4430
$48.90
$33.50
base
$33.50
$60.50
$67.50
$74.50
W.50
`,^"�- 01 10�sa: f38F 1,000
$2 45
$3-95
-10,001 20,,000ge1 per -1-,Hoeg
$�33
$2.99
$33A
$3.59
$3s5
20,0" 00ga per -1-,09eg
$2-.63
$3,00
$3.33
$3:79
$4.05
,001 ` ,000-gak Ver1,000g
$2-89
$3.19
$333
$3.99
$4.39
50,0 1+gal per 1,000
b) Larger Meters Bimonthly
$399
$3.49
$3,89
$a.29
$4.6e
Formatted: Not Highlight
Formatted: Font color: Green, Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Page 121 of 354
Back to Agenda
base
$53.50
$60 50
3/4" Aleter Base Plus the
Following Aleter Size Differentials
Bimonthly
5,000 gal
2" metemeteF, 0 5,000 ga
3" e:ef,0 5-,000ga,
4" metef, 0 5,000 ga
F" __tom-�,�, 0 `gig
,.,, � dig
oar-.-dig�
�
a'. dig
.,q.-.-dig�
WOO
$-1-4.00
$26.99
$39:99
$92.09
$12.00
$2-1-99
$39.09
$75.00
$i3g:89
$16.00
$28,99
$52.00
W00.09
$184.00
$20.00
$35.99
$63.09
$12399
$230.00
$24.00
$42.99
$78.09
W0.99
$276.00
e„ metes--n,�. 0 5�g
10" meter, 0 5,000 gal
C) Plus Consumption Charge
5,001 10,000 gal
--.-diff�
base mg..
in Excess of 5,000 Gallons Bimonthly
per 1-,000
$134.00
WIN
$2-45
$29W89
$273.00
$2.73
$269.00
$364-.00
$303
$335.00
$435.00
$333
$402.00
$546..00
$363
10,001 20,000 ga
per 1-,000g
$233
$2�0
$3 0
$330
$383
20,001- 30,000 gal
per 1-,000g
$ 63
$3.00
$3.33
$338
$4:03
30,00�50,0000 ga z
per 1-,000g
$2.80
$3.20
$333
$3:90
$430
50,00-11 gales ��l
per 1-,000g
$3.00
$340
$3:80
$4.20
$460
base
$53.50
$60.50
$67.50
$74.50
$$1-50
Plus in
excess ao f [ 000 gel allotted .ter
M3.80
$2530
Of lint Fate (base
$53.50
..s sh o...
$1-5..60
$28.60
MeteF size
$60.50
in ,.\ abo e
$13.40
$31.90
diffeFential) BF
$67.30
$19.20
$35.20
as meteFed
$74.50
$21-00
$38.50
$81,30
consumption charges
.._:t
d Outside City Limit
f) Fire Hydrant Service
School
Private e
g `m
Via:
surcharge
Mmonthl
peerhjvdraai.
per :yarm
13imenthl
CFPA*ff
base -rate
`--: R-tP'
-
20"
2014
2018
3814
20M
Sire
-
nor
per 1,000g
$2.80 $32.0 $353 $3-90 $430
sire
0- 50,000-gal
50,001; -gal
base -rare
.,,etcra.rr.
per-1,00og
per-1,00og
$3339
$2.80
$399
$60 Sse
$3.20
$3.49
$67..50
$34-5
$3-.89
$74.50
as she
$3:90
$4.29
$s-1,30
in b) above
$4.60
Page 122 of 354
Back to Agenda
3A7HtPF
-
20"
2m
2018
201-9
2020
in _xe_d
(Ord. 020-15 § 1; Ord. 026-11 § 2; Ord. 021-09 § 2; Ord. 013-08 § 2; Ord. 010-05 § 2; Ord. 1897 § 2, 2003; Ord.
1799 § 2, 2000).
Page 123 of 354
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO WATER
RATES, INCREASING CERTAIN WATER CHARGES AND FEES IN ACCORDANCE WITH THE
2021 UTILITY FINANCIAL PROGRAM; AMENDING SECTION 13.04.010 OF THE PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR PUBLICATION AND SEVERABILITY;
SETTING AN EFFECTIVE DATE OF JANUARY 1, 2023.
WHEREAS, the City Council initiated a Utility Financial Program Analysis on March 23, 2021,
with Katy Isaksen & Associates, Inc.; and
WHEREAS, following multiple public hearings to discuss the analyses, the consultant's final
findings were presented to both the Port Orchard City Council and the public during a regular Council
Meeting on August 9, 2022; and
WHEREAS, the amendments to Section 13.04 of the Port Orchard Municipal Code set out in
this ordinance are required to both implement the proposed water rate change and increase and to
simplify the use of said code; and
WHEREAS, on September 13, 2022, the City Council held a public hearing on the proposed
code amendments; and
WHEREAS, the City Council finds that the amendments herein are consistent with goals and
policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety,
and general welfare of the citizens of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment. Section 13.04.010 of the Port Orchard Municipal Code is hereby
amended to read as follows:
13.04.010 Bimonthly water rates.
Water rates are based on a bimonthly schedule and are separated into two classes for billing
purposes — residential and non-residential. Residential rates are a function of ERUs plus
consumption. Non-residential rates are a function of meter size and consumption.
(1) Effective January 1, 2023, and January 15t of each subsequent year as shown, the water
rates, as calculated bimonthly, are shown on the water rate table. Rates shown in the final
year of the table below will remain in effect for each subsequent year until further council
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action. Rates in effect on the first day of the billing date are charged for the entire billing
period.
(a) Single Residential Connections. Single connections are where one customer is
being served through a master meter and the billing is based on the flow through such
master meter. The bimonthly base rate is shown on the Water rate table, plus
consumption charges for water usage in gallons are set forth in subsection (1)(d) of this
section.
b) Multi -family Residential Connections. The bimonthly base rate is calculated
based on the number of units (base rate multiplied by number of residential units)
served by the master meter. In addition to the base rate, consumption charges for water
usage in gallons are set forth in subsection (1)(d) of this section.
(c) Non-residential Connections. Non-residential customers shall be charged the
bimonthly base rate per meter determined by the size of the meter. The base rate for
meters larger than %" are set per the AWWA Industry Standard Methodology and as
set forth in the water rate table. In addition to the base rate, consumption charges for
water usage in gallons are set forth in subsection (1)(d) of this section.
d) Consumption charges shall be charged in the six tiers as shown in the water rate
table. Consumption charges are calculated based on actual metered consumption.
e) Properties Outside City Limits. Properties served outside the city limits shall have
a 50 percent surcharge on the bimonthly rate.
(f) Fire Hydrant Service. Fire hydrant services shall be charged a bimonthly base rate
per hydrant. See the water rate table.
(g) Temporary Service includes one day service, construction/hydrants account and
shall be charged the base rate by meter size plus consumptions charges for metered
water usage. See the water rate table.
(h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The
following rental fees plus sales tax listed in the water rate table shall apply to all persons
renting a meter. In addition, the temporary service (g) base rate by meter size plus
consumption charges for metered water usage shall apply.
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Water Rates
a), b)
Residential
Bimonthly
2023
2024
2025
2026
2027
Base Rate per
Unit
$53.50
$57.50
$61.50
$65.50
$69.50
plus
consumption
c) Non-
Residential
Bimonthly
Base Rate %"
Meter
$53.50
$57.50
$61.50
$65.50
$69.50
plus
consumption
1" Meter
$89.35
$96.03
$102.71
$109.39
$116.07
plus
consumption
1.5" Meter
$178.16
$191.48
$204.80
$218.12
$231.44
plus
consumption
2" Meter
$285.16
$306.48
$327.80
$349.12
$370.44
plus
consumption
3" Meter
$535.00
$575.00
$615.00
$655.00
$695.00
plus
consumption
4" Meter
$891.85
$958.53
$1,025.21
$1,091.89
$1,158.57
plus
consumption
6" Meter
$1,783.16
$1,916.48
$2,049.80
$2,183.12
$2,316.44
plus
consumption
d)
Consumption
2023
2024
2025
2026
2027
0 - 5,000
gallons
$3.85
$4.00
$4.16
$4.33
$4.50
Per 1,000
gallons
5,001-10,000
gallons
$4.85
$5.04
$5.25
$5.46
$5.67
Per 1,000
gallons
10,001-
20,000 gallons
$5.24
$5.45
$5.67
$5.89
$6.13
Per 1,000
gallons
20,001-
30,000 gallons
$5.71
$5.94
$6.18
$6.42
$6.68
Per 1,000
gallons
30,001-
50,000 gallons
$6.28
$6.53
$6.79
$7.06
$7.35
Per 1,000
gallons
50,001 +
gallons
$6.97
$7.25
$7.54
$7.84
$8.15
Per 1,000
gallons
e) Outside City
Limits
50% surcharge
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f) Fire Hydrant
2023
2024
2025
2026
2027
Service
Schools
$21.00
$22.60
$24.20
$25.20
$27.40
Bimonthly Per
Hydrant
Private service
$38.50
$41.40
$44.30
$47.020
$50.10
Bimonthly Per
Hydrant
g) Temporary
Base rate for meter size 1(c) + 1(g)
plus
Service
consumption
per table
Per month
Base meter size as shown above
plus
consumption
Consumption 0
$6.28
$6.53
$6.79
$7.06
$7.35
Per 1,000
— 50,000 gal
gallons
50,001 +
$6.97
$7.25
$7.54
$7.84
$8.15
Per 1,000
gallons
gallons
h) Meter
Refundable deposit for meter rental;
Rentals
sales tax added to bimonthly rental fees
First 60 days
$0
Bimonthly Rate
$800
After 60 days
Section 2. Effective Date. The changes to the Port Orchard Municipal Code described in
Section 1 above, shall be effective five days following publication, and the rates on January 1, 2023.
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 4. Publication. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED, by the Mayor and attested
by the Clerk in authentication of such passage this 27t" day of September, 2022.
Robert Putaansuu, Mayor
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ATTEST:
Brandy Wallace, CIVIC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte Archer, City Attorney Cindy Lucarelli, Councilmember
Page 128 of 354
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;0 4
a
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A
Subject: Adoption of an Ordinance Approving a
Development Agreement with McCormick
Communities for Park Impact Fee Credits
Meeting Date:
Prepared by:
September 13, 2022
Nicholas Bond, AICP
DCD Director
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: The City has negotiated a development agreement for park impact fee credits with McCormick
Communities. This agreement, if approved, would provide park impact fee credits to homebuilders in areas
McCormick Woods, North, and West areas as identified in the agreement in exchange for public park
improvements provided by the developer.
The McCormick Woods development consists of several hundred acres as depicted and shaded on Exhibit B to
the Development Agreement. The Development Agreement applies to the shaded properties and eventual
resultant Lots which are generally under McCormick Communities ownership, but also includes some fee
simple Lots under ownership by home builders identified in Exhibit I. Much of the area subject to the
Development Agreement has either received preliminary or final plat approval. The Development Agreement
provides a park impact fee credit for an approximated 2,650 dwelling units within the identified area upon
building permit issuance.
McCormick Communities and the City have identified several projects, collectively known as "Park
Improvements", in the Parks Element and the adopted Parks, Recreation and Open Space Plan serving the
public within the vicinity and which McCormick Communities intends to construct including:
Project Estimated Cost
McCormick Village Park Phase 3 $1,250,000
St. Andrew's Multi -Modal Trail (in McCormick Woods) $979,012
McCormick West Multi -Modal Trail Phase 1 $1,468,518
McCormick West Multi -Modal Trail Phase 2 $979,012
Total $4,676,542
The City and McCormick Communities have agreed to a maximum park impact fee credit of $5,320,285
comprised of the estimated cost of the Park Improvements ($4,676,542,) and the cost of donated land and
improvements related McCormick Village Park ($643,743) based on past actions by McCormick Communities
and their predecessor. The City and McCormick Communities agree the maximum park impact fee credit per
dwelling unit is $2,008 which is derived from the maximum park impact fee credit divided by the anticipated
2,650 dwelling units within the area identified in Exhibit B. Park impact fees are based on housing types as
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Staff Report 7A
Page 2 of 2
described in the adopted park impact fee schedule and the rate will be applied for a 20-year term or until
the Maximum Park Impact Fee Credit amount is reached, whichever occurs first.
POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In
this case, the application for the development agreement was filed by McCormick Communities on July
18, 2022. The City determined the application to be complete on August 18, 2022. The City of Port
Orchard's Responsible Official issued and Determination of Nonsignificance for the Development
Agreement, and the City advertised the September 13, 2022 Public Hearing on August 26, 2022 consistent
with the requirements of Port Orchard Municipal Code 20.26.050.
Relationship to Comprehensive Plan: The Development Agreement includes projects identified in the
Parks, Recreation and Open Space Plan as incorporated into the Parks Element of the Comprehensive
Plan.
Recommendation: Staff recommends that the City Council adopt an ordinance authorizing the mayor to
execute a development agreement with McCormick Communities as presented.
Suggested Motion: "I move to adopt an ordinance authorizing the mayor to execute a development
agreement with McCormick Communities as presented."
Fiscal Impact: The proposed agreement will result in the developer constructing projects listed on the
City's Parks, Recreation and Open Space Plan saving the city money and staff resources. The dedication of
the facilities will result in the ongoing maintenance of public infrastructure.
Alternatives: Do not approve the Development Agreement; request changes to the Development
Agreement.
Attachments: Ordinance; McCormick Woods Park Development Agreement; Exhibits to McCormick
Woods Park Development Agreement.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH MCCORMICK
COMMUNITIES, LLC FOR DEVELOPMENT OF PARK IMPROVEMENT PROJECTS AND
ISSUANCE OF PARK IMPACT FEE CREDITS; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and
enter into development agreements that govern the development and use of real property within
the City; and
WHEREAS, the City Council has adopted standards and procedures governing the City's
use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code
(POMQ and
WHEREAS, McCormick Communities, LLC has significant property holdings which are
under development in Port Orchard; and
WHEREAS, McCormick along with its predecessor, have been developing the McCormick
Property primarily with residential uses, including installing infrastructure of all types; and
WHEREAS, many acres of the McCormick Property have received preliminary plat
approval, and other acres have received final plat approval, and McCormick has sold some of the
resulting lots to builders; and
WHEREAS, the Development Agreement is applicable to properties located in the
development areas known as McCormick Woods, McCormick North, and McCormick West, as
depicted on Exhibit B to the Development Agreement, which includes both McCormick's property
and lots sold by McCormick to owners of record who are builders who have authorized
McCormick to act as their agent in applying for and executing this Agreement; and
WHEREAS, during an earlier phase of the McCormick development, McCormick's predecessor
donated land for a park known as the McCormick Village Park which was transferred to City
ownership in approximately 2010; and
WHEREAS, as part of its continued development of the McCormick Property, McCormick will
undertake additional improvements at McCormick Village Park. These additional improvements
are called McCormick Village Park Phase 3 and such improvements are included the City's Parks
Recreation and Open Space (PROS) Plan; and
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Ordinance No. _
Page 2 of 3
WHEREAS, in addition to McCormick Village Park improvements, McCormick will be
developing three trail projects that will be dedicated to the public and which are part of the City's
PROS Plan. These projects include St. Andrew's Multi -Modal Trail, McCormick West Multi -Modal
Trail Phase 1, and McCormick West Multi -Modal Trail Phase 2; and
WHEREAS, all of these proposed improvements are eligible for park impact fee credit
pursuant to RCW 82.02.060(5) and POMC 20.182.080; and
WHEREAS, the Development Agreement is attached to this Ordinance as "Exhibit A"; and
WHEREAS, on August 26, 2022, the City's SEPA official issued a determination of non -
significance for the proposed Development Agreement and the appeal period will expire prior to
the effective date of this ordinance; and
WHEREAS, on September 13, 2022, the City Council held a duly noticed public hearing on
the proposed Development Agreement; and
WHEREAS, the City Council, after careful consideration of the Development Agreement
and all public comments and testimony, finds that the Development Agreement is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and is in the best interests of the residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this
ordinance and all "Whereas" sections of the Development Agreement as findings in support of
this ordinance.
SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to
execute the Development Agreement with McCormick Communities, LLC as provided in "Exhibit
A" of this Ordinance.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
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Ordinance No. _
Page 3 of 3
including but not limited to the correction of scrivener's/clerical errors, references,
Ordinance numbering, section/subsection numbers, and any reference thereto.
SECTION S. 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 posting and publication as required
by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance,
as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 131" day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
EXHIBIT A: DEVELOPMENT AGREEMENT WITH MCCORMICK COMMUNITIES, LLC FOR
FUNDING PARK IMPROVEMENTS
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK
COMMUNITIES, LLC FOR THE DEVELOPMENT AND FUNDING OF
CERTAIN PARK IMPROVEMENTS AND PARK IMPACT FEE CREDITS
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _
day of , 2022, by
and between the City of Port Orchard, a non -charter, optional code Washington municipal
corporation, hereinafter the "City," and McCormick Communities, LLC, a Washington limited
liability company ("McCormick"). City and McCormick are each a "Parry" and together the
"Parties" to this Agreement.
The Parties hereby agree as follows:
RECITALS:
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control of
real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
("POMC" or "Code") which establishes the standards and procedures for Development
Agreements in Port Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, McCormick has applied for a Development Agreement under Chapter 20.26
POMC on July 18, 2022 and such Agreement has been processed consistently with the POMC and
State law; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
McCormick (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the
development of property commonly known as "McCormick West", "McCormick Woods", and
"McCormick North" which together comprise hundreds of acres of land presently or previously
owned by McCormick as depicted in Exhibits A and B (hereinafter, the "McCormick Property");
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 1 of 21
1652897.8 - 366922 -0045
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and
WHEREAS, many acres of the McCormick Property have received preliminary plat
approval, and other acres have received final plat approval, and McCormick has sold some of the
resulting lots to builders. This Agreement is applicable to all lots within the area depicted on
Exhibit B, which includes both McCormick's property and lots sold by McCormick to owners of
record who are builders who have authorized McCormick to act as their agent in applying for and
executing this Agreement; and
WHEREAS, McCormick along with its predecessor have been developing the McCormick
Property primarily with residential uses, including installing infrastructure of all types (hereinafter
"Development Project"); and
WHEREAS, associated with the Development Project, during an earlier phase of the
Project McCormick's predecessor donated land for a park known as the McCormick Village Park
which was transferred to City ownership in approximately 2010. McCormick's McCormick North
Property is adjacent to the McCormick Village Park which is located at 3201 SW Old Clifton Road
(Kitsap County Tax Parcel # 042301-3-012-2004) (hereinafter, the "McCormick Village Park").
As part of its continued development of the McCormick Property, McCormick will undertake
additional improvements at McCormick Village Park. These additional improvements are called
McCormick Village Park Phase 3 and such improvements are included the City's Parks Recreation
and Open Space (PROS) Plan. The Parties acknowledge that these improvements are eligible for
park impact fee credit pursuant to RCW 82.02.060(5) and POMC 20.182.080; and
WHEREAS, the portions of McCormick Village Park Phase 3 that McCormick proposes
to complete are estimated in the PROS Plan to cost $1,250,000; and
WHEREAS, the past contributions towards McCormick Village Park includes
McCormick's payment of $643,743 towards park improvements and these funds should be
credited toward payment of future parks impact fees consistent with the 2009 Interlocal Agreement
between Kitsap County and Port Orchard (C002-10) relating to Parks, Open Space and Recreation
within McCormick Urban Village and McCormick/ULID #6 Urban Growth Area; and
WHEREAS, in addition to McCormick Village Park improvements, McCormick will be
developing three (3) trail projects that will be dedicated to the public and which are part of the
City's Parks Recreation and Open Space (PROS) Plan. These projects are: St. Andrew's Multi -
Modal Trail, McCormick West Multi -Modal Trail Phase 1, and McCormick West Multi -Modal
Trail Phase 2; and
are:
WHEREAS, the draft project estimates in the PROS Plan for the trail projects listed above
St. Andrew's Multi -Modal Trail (in McCormick Woods) $ 979,012
McCormick West Multi -Modal Trail Phase 1 $1,468,518
McCormick West Multi -Modal Trail Phase 2 $ 979,012
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 2 of 21
1652897.8 - 366922 -0045
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WHEREAS, this Agreement governs McCormick's improvements to McCormick Village
Park, the three multi -modal trail projects, the prior parks payment, and the resulting park impact
fee credits; and
WHEREAS, except with regard to the park improvements and related park impact fee
credits, this Agreement does not establish or modify the standards or conditions for the underlying
development which is being undertaken in accordance with applicable code, regulations, and other
development agreements, as applicable; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and McCormick and include parks impact fee credits, the
Parties deem it in their best interests to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on September 13, 2022 regarding this
Agreement; and
WHEREAS, after a public hearing, by Ordinance No. XXX, the City Council authorized
the Mayor to sign this Agreement with McCormick.
AGREEMENT:
Section 1. McCormick Property. The legal description of the McCormick Property,
which includes lots sold to builders, is depicted on Exhibit A to this Agreement which is attached
hereto and incorporated herein by this reference as if set forth in full. A map of the boundaries of
the McCormick Property is shown on Exhibit B to this Agreement which is attached hereto and
incorporated herein by this reference as if set forth in full. A map of the McCormick Village Park
Property is shown on Exhibit C to this Agreement which is attached hereto and incorporated
herein by this reference as if set forth in full. The concept drawing of the improvements to
McCormick Village Park that McCormick will undertake are shown on Exhibit D to this
Agreement which is attached hereto and incorporated herein by this reference as if set forth in full.
A map of the St. Andrew's Multi -Modal Trail is shown Exhibit E to this Agreement on which is
attached hereto and incorporated herein by this reference as if set forth in full. The planned
improvements described as the St. Andrew's Multi -Modal Trail which McCormick will undertake
are shown on Exhibit F to this Agreement which is attached hereto and incorporated herein by
this reference as if set forth in full. A map of the McCormick West Multi -Modal Trail Phases 1
and 2 is shown on Exhibit G to this Agreement which is attached hereto and incorporated herein
by this reference as if set forth in full. The planned improvements described as the McCormick
West Multi -Modal Trail Phases 1 and 2 which McCormick will undertake are shown on Exhibit
H to this Agreement which is attached hereto and incorporated herein by this reference as if set
forth in full. A list of home builders to whom McCormick has sold lots within the McCormick
Property at the time of execution of this Agreement, and who have signed agency agreements with
McCormick, is attached as Exhibit I to this Agreement and incorporated by this reference as if set
forth in full
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 3 of 21
1652897.8 - 366922 -0045
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Section 2. Park Improvements. Pursuant to this Agreement, McCormick shall be
responsible for the construction of the McCormick Village Park Phase 3 Improvement Project, the
St. Andrew's Multi -Modal Trail, and the McCormick West Multi -Modal Trail Phases 1 and 2, all
as defined herein (hereinafter "Park Improvements"). The Park Improvements shall serve both the
general public and the McCormick Property, amongst other properties within the vicinity. The
Park Improvements shall be eligible for park impact fee credits as provided in Section 11 of this
Agreement.
Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as
required by RCW 36.7013.200 and Chapter 20.26 POMC.
b) "City" means the City of Port Orchard.
c) "Commence construction" as to each of the Park Improvements means that the City
has issued all required permit(s) and McCormick has deployed construction equipment and
personnel to the site of the Park Improvement Project.
d) "Completion" as to each of the Park Improvements means compliance with the tasks
described in Section 9 of this Agreement.
e) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
f) "Director" means the City's Public Works Director.
g) "Effective Date" means the effective date of this Agreement, which shall be the date
upon which the last Party executes the Agreement.
h) "Maximum Park Impact Fee Credit" means the maximum amount of a credit towards
park impact fees that is eligible for Park Improvements completed under this Agreement as well
as for prior park improvements and contributions for which park impact fee credits will be
provided by the City to McCormick. The Maximum Park Impact Fee Credit shall be limited to the
total park impact fees due on the Project, the estimated cost for the Park Improvement Projects as
set forth in the CIP/PROS Plan ($5,320,285), or the actual costs incurred by McCormick (as
determined by the final certified costs), whichever amount is less.
i) "McCormick" means McCormick Communities, LLC.
j) "McCormick Successors" means the builders to whom McCormick has sold or will
sell lots within the McCormick Property.
k) "Park Improvements", "Park Improvement" or "Park Improvement Project(s)" means
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 4 of 21
1652897.8 - 366922 -0045
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the four Park Improvement Projects listed in Section 2 above. When used in plural, it refers to two
or more of the individual projects, when used singular, it refers to one of the four specific projects.
Park Improvements shall be as specified in Section 2, as provided for in all associated
permits/approvals, whether now in place or to be issued in the future, and as described in all
incorporated exhibits.
1) "Parks, Recreation and Open Space Plan" or "PROS Plan" is the Parks, Recreation and
Open Space Plan adopted by the Port Orchard City Council.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a)
Exhibit A
— Legal Description of the McCormick Property.
b)
Exhibit B
— Map of the McCormick Property which defines the area where
park impact fee credits may be applied.
c)
Exhibit C
— Map of McCormick Village Park Property.
d)
Exhibit D
— McCormick Village Park Improvement Project Conceptual Drawing.
e)
Exhibit E
— Map of St. Andrew's Multi -Modal Trail.
f)
Exhibit F
— St. Andrew's Multi -Modal Trail Project Trail Sections.
g)
Exhibit G
— Map of McCormick West Multi -Modal Trail Phases 1 and 2
h)
Exhibit H
— McCormick West Multi -Modal Trail Phases 1 and 2 Trail Sections.
i)
Exhibit I —
List of McCormick Successors to whom lots have been sold and who
have signed agency agreements with McCormick.
Section 5. Parties to Development Agreement. The Parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect
Street, Port Orchard, WA 98366.
b) "McCormick" or "McCormick Communities, LLC" is a private enterprise which
owns the majority of the McCormick Property in fee, and whose principal office is located at 12332
NE 115th Place, Kirkland, WA 98033.
c) "McCormick Successors" are builders to whom McCormick has sold or will sell
lots within the McCormick Property. McCormick is executing this Agreement on behalf of itself
and the McCormick Successors to whom lots have been sold at the time of execution of this
Agreement, for whom McCormick is serving as agent and has provided the agency agreements to
the City. A list of McCormick Successors who have signed agency agreements appointing
McCormick to act as their agent for this Agreement is attached to this Agreement as Exhibit I and
incorporated herein by this reference as if set forth in full.
The McCormick Successors are eligible for impact fee credits under the terms of this Agreement,
provided adequate credit exists when these property owners, or their successors or assigns, apply
for permits and are assessed Park Impact Fees.
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Section 6. Park Improvements are System Improvements that will be Dedicated to
the City upon Completion. It is agreed among the Parties that the Park Improvements described
in this Agreement are system improvements for which credits are required pursuant to RCW
82.02.060(5), provided that the City has no interest in these system improvements until such time
as each improvement is completed and dedicated to the City as provided in this Agreement.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of this Agreement and shall continue in force for a period of twenty (20) years unless extended or
terminated as provided herein. Following the expiration of the term or extension thereof, or if
sooner terminated, this Agreement shall have no force and effect except for such sections which
are specifically intended to survive expiration or termination.
Section 8. Project Schedule. Subject to the City's issuance of all necessary permits and
approvals, McCormick will commence construction of each Park Improvement on the following
schedule:
a) McCormick Village Park Phase 3:
i. The McCormick Village Park Improvement Project requires a minimum of two
permits: (a) Land Disturbing Activity Permit ("LDAP"); and (b) Right of Way
Permit ("ROW Permit") (collectively, the "McCormick Village Park
Improvement Permits"). Prior to applying for the necessary permits,
McCormick shall obtain the Director's approval of a concept level plan for the
McCormick Village Park Improvement Project that is consistent with Exhibits
C and D.
ii. Upon issuance of the McCormick Village Park Improvement Permits,
McCormick shall commence construction of the McCormick Village Park
Improvement Project within one hundred and eighty (180) days and proceed in
a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for
construction sequencing and phasing.
iii. McCormick shall complete the McCormick Village Park Improvement Project
no later than October 1, 2026, provided that McCormick is not responsible for
delay attributable to the City.
b) St. Andrew's Multi -Modal Trail:
The St. Andrew's Multi -Modal Trail Park Improvement Project requires a
minimum of two permits: (a) Land Disturbing Activity Permit ("LDAP"); and (b)
Right of Way Permit ("ROW Permit") (collectively, the "St. Andrew's Trail Park
Improvement Permits"). Prior to applying for the necessary permits, McCormick
shall obtain the Director's approval of a concept level plan for the St. Andrew's
Trail Park Improvement Project that is consistent with Exhibits E and F.
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ii. Upon issuance of the St. Andrew's Trail Park Improvement Permits, McCormick
shall commence construction of the St. Andrew's Trail Park Improvement Project
within one hundred and eighty (180) days and proceed in a timely and workmanlike
fashion through completion, provided however, McCormick shall be solely
responsible for the means and methods for construction sequencing and phasing.
iii. McCormick shall complete the St. Andrew's Trail Park Improvement Project no
later than January 2, 2033.
c) McCormick West Multi -Modal Trail Phase 1:
The McCormick West Multi -Modal Trail Phase 1 Park Improvement Project
requires a minimum of two permits: (a) Land Disturbing Activity Permit
("LDAP"); and (b) Right of Way Permit ("ROW Permit") (collectively, the
"McCormick West Phase 1 Trail Park Improvement Permits"). Prior to applying
for the necessary permits, McCormick shall obtain the Director's approval of a
concept level plan for the McCormick West Phase 1 Trail Park Improvement
Project that is consistent with Exhibits G and H.
ii. Upon issuance of the McCormick West Phase 1 Trail Park Improvement Permits,
McCormick shall commence construction of the McCormick West Phase 1 Trail
Park Improvement Project within one hundred and eighty (180) days and proceed
in a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for construction
sequencing and phasing.
iii. McCormick shall complete the McCormick West Phase 1 Trail Park Improvement
Project no later than March 15, 2023.
d) McCormick West Multi -Modal Trail Phase 2:
The McCormick West Multi -Modal Trail Phase 2 Park Improvement Project
requires a minimum of two permits: (a) Land Disturbing Activity Permit
("LDAP"); and (b) Right of Way Permit ("ROW Permit") (collectively, the
"McCormick West Phase 2 Trail Park Improvement Permits"). Prior to applying
for the necessary permits, McCormick shall obtain the Director's approval of a
concept level plan for the McCormick West Phase 2 Trail Park Improvement
Project that is consistent with Exhibits I and J.
ii. Upon issuance of the McCormick West Phase 2 Trail Park Improvement Permits,
McCormick shall commence construction of the McCormick West Phase 2 Trail
Park Improvement Project within one hundred and eighty (180) days and proceed
in a timely and workmanlike fashion through completion, provided however,
McCormick shall be solely responsible for the means and methods for construction
sequencing and phasing. Such construction phasing may include two separate
phases of completion.
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iii. McCormick shall complete the McCormick West Phase 2 Trail Park Improvement
Project no later than January 2, 2033.
Section 9. Park Improvement Project standards applicable to all Park Improvements.
a) General. McCormick will design and construct each of the Park Improvement Projects to
comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The applicable "City standards" include
the applicable exhibits attached to this Agreement, the McCormick Village Park Master
Plan, the City's PROS plan, as well as the applicable City codes which are in effect at the
time of application. The City will approve the plans before construction begins; and the
City will accept responsibility for the operation of each of the Park Improvement Projects
once each is completed, the applicable Park Improvement Project has been accepted, and
a two-year warranty and maintenance bond is in place. A Park Improvement Project will
be deemed completed when all of the following occurs:
1. The City deems it substantially complete;
2. All punch list items are finished; ,
3. The City releases the performance bond;
4. McCormick has put a 2-year warranty and maintenance bond in place;
5. McCormick has completed all necessary property dedications;
6. The City has accepted the dedications, such approval not to be unreasonably
withheld or conditioned; and
7. McCormick has provided the City with a Bill of Sale for the improvements
containing the certified construction costs (stamped by licensed engineer) to the
City for determination of the maximum credits available under this Agreement.
The City will confirm completeness of each Park Improvement Project by issuing a Final
Notice of Completeness to McCormick.
b) Park Improvement Project. Each Park Improvement Project will include design,
permitting, and construction at McCormick's sole cost and expense of all or a portion of
the Park Improvement Project as identified in the PROS Plan 2022-2043 CIP. For the
McCormick Village Park Phase 3 Improvement Project (Project PK9), McCormick will
construct certain components of Project PK9, specifically the following components: entry
plaza, trail and frontage improvements, and parking on McCormick Village Drive. For the
three Multi -Modal Trails Projects (TR11 St. Andrews, TR12 McCormick West Trails
Phases 1 and 2), McCormick will be constructing all of the components contained in the
PROS Plan 2022-2043 CIP description.
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Each Improvement Project shall meet the City standards for park development and shall
provide the components that are described in Exhibits applicable to each project, with such
conditions as the City deems applicable and appropriate in the applicable approved Park
Improvement Permits; provided, however, the City shall not add conditions to the Park
Improvement Projects that are inconsistent with the exhibits describing the applicable Park
Improvement Project unless agreed by both Parties.
c) Each Park Improvement Project construction work shall be secured by a Performance Bond
at 150% of the estimated construction cost, except as otherwise provided in Section 1 Lc
below. The Performance Bond shall be in place prior to McCormick commencing work on
each Park Improvement Project. Prior to City acceptance, the construction of the Park
Improvement Project shall be inspected by the City, approval of which shall not be
unreasonably withheld. In addition to the requirements in Section 9.a above, the City's
final approval of each Park Improvement Project shall be conditioned upon receipt from
McCormick a two (2) year Maintenance Bond at 20% of the construction costs, which shall
be effective upon the City's release of the Performance Bond. Upon acceptance of the Bill
of Sale, the City shall release the Performance Bond and shall accept full responsibility for
the Park Improvement Project, except for those maintenance obligations of McCormick
secured by the two-year Maintenance Bond. Upon the City's acceptance of the Park
Improvement Project, McCormick shall not be responsible for any further costs,
maintenance or liability for the Park Improvement Project. This provision survives the
Termination of this Agreement.
Section 10. Park Improvement Projects — Costs and Credits.
a) The Maximum Park Impact Fee Credit for the Park Improvement Projects to be built
by McCormick under this Agreement shall be limited to the total park impact fees due
on the Project, the estimated cost for the Park Improvement Projects as set forth in the
CIP/PROS Plan ($5,320,285), or the actual costs incurred by McCormick ("certified
costs"), whichever amount is less. The "actual costs" incurred by McCormick will be
equal to the certified costs for each such Park Improvement Project and may include
the costs for bonding. The credits provided under Section 11 below are limited to this
Maximum Park Impact Fee Credit. Once the Maximum Park Impact Fee Credit has
been achieved through credits applied to McCormick for the Development Project,
McCormick would be required to comply with the impact fee provisions of the Code
for any further development of the McCormick Property that requires payment of park
impact fees, including payment of any park impact fees incurred over and above the
Maximum Park Impact Fee Credit.
b) At the time of this Agreement, the Parties agree that estimated the Maximum Park
Impact Fee Credit is:
Project Name Maximum Project Amount
Lump Sum Credit per KC/PO ILA $ 643,743.00
McCormick Village Park Phase 3 $ 1,250,000.00
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St. Andrews Multi -Modal Trail $ 979,012.00
McCormick West Multi -Modal Trail Phase 1 $1,468,518.00
McCormick West Multi -Modal Trail Phase 2 $ 979,012.00
Subtotal Estimated Max Park Project Credit $5,320,285.00
c) At the time of this Agreement, the Parties Agree the estimated Maximum Park Impact
Fee Credit per Dwelling Unit is $2,008.00. This is calculated by taking the Estimated
Maximum Park Impact Fee Credit ($5,320,285) and dividing it by 2,650 dwelling units.
If a future City Council adopts a park impact fee that is equal to or less than the
Maximum Park Impact Fee Credit per Dwelling Unit amount, then the Maximum Park
Impact Fee Credit per Dwelling Unit shall be reduced to equal no more than 90 percent
of the then -park impact fee amount. In such case, park impact fee credits may extend
beyond 2,650 units until the Maximum Park Impact Fee Credit is exhausted or this
Agreement expires, whichever happens first.
d) The per Dwelling Unit calculation of impact fees is based on housing types as set forth
in the City's adopted park impact fee schedule, as it may be amended from time to time.
However, McCormick has proposed to build some non-traditional housing types which
do not currently have a fixed parks impact fee rate. These non-traditional housing types
may include Paseo Homes (cluster cottage type housing) as well as Small House (small
footprint single family homes) with accessory dwelling units (ADU). For the Paseo
homes, the maximum square footage for purpose of this section for each unit is 1,250
SF. For Small House with ADU, the maximum square footage for the purposes of this
section is 1,850 SF for the Small House and 1,000 SF, not including any attached
garage, for the ADU. For purposes of calculating applicable parks impact fees, the
Parties agree that if constructed as described herein, the Paseo Homes will have park
impact fees calculated based on an assumed persons per household occupancy of 2.01
and the Small House with ADU will have park impact fees calculated based on an
assumed persons per household occupancy of 2.05 per unit (i.e., 2.05 for the house,
2.05 for the ADU) or 4.1 for both. Units that exceed the limitations of this section shall
be treated as single family dwelling units or the most applicable similar dwelling unit
type adopted by the City.
Section 11. Park Impact Fee Credits. The City hereby grants McCormick a credit against
park impact fees for its costs to design and construct the Park Improvement Projects. The credits
will be calculated and applied as follows:
a) Application of Park Impact Fee Credits. Park Impact Fee Credits will be applied up to
the Maximum Park Impact Fee Credit value for the 20-year term described in Section
7, or until the Maximum Park Impact Fee Credit is fully exhausted, whichever occurs
first. If there is not enough park impact fee credit remaining to provide the full
$2,008.00 credit, then the City will only provide a partial (or no) credit depending on
the Maximum Park Impact Fee Credit value remaining. The credits will be applied per
dwelling unit in the McCormick Property boundaries as shown on Exhibit B. The
Maximum Park Impact Fee Credit per Dwelling Unit will be $2,008.00 per dwelling
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unit, however, in no case shall the total of the park impact fee credits exceed the total
of park impact fees due.
The Maximum Park Impact Fee Credit hereunder is an estimate only based on the
CIP/PROS Plan project cost estimates of the components constructed by McCormick.
The Parties will determine the final Maximum Park Impact Fee Credit in accordance
with the certification procedures set forth in Section 12. If the certified costs are less
than $5,320,285, then the fixed credit in the amount of $2,008.00 per dwelling unit will
still be applied but only to the extent needed to capture the Maximum Park Impact Fee
Credit, i.e., the total credits provided will never exceed the certified project costs or the
Maximum Park Impact Fee Credit, whichever is less. This means that some of the 2,650
estimated dwelling units may receive partial or no park impact fee credit so that the
total credits provided will never exceed either the certified project costs or Maximum
Park Impact Fee Credit, whichever is less.
b) The City agrees that these credits are consistent with RCW 82.02.060(5) and that they
are consistent with POMC 20.182.080.
c) Given that McCormick already has a credit in the amount of $643,743, the issuance of
the park impact fee credits may begin upon the effective date of this Agreement.
Provided, however, that when the total park impact fee credits issued under this
Agreement exceed $500,000 and/or are otherwise within $150,000 of the credits then -
earned by McCormick (i.e., by completion of one or more Park Improvement Projects
or posting of performance bonds), the City may suspend issuing credits until such time
as McCormick either posts the required performance bond (to be approved by the City)
or substantially completes one or more Park Improvement Projects thus increasing the
"credits earned" to more than $150,000 over the amount of the credits issued by the
City. This right to suspend credits will terminate once all Park Improvement Projects
set forth in this Agreement are completed. McCormick agrees that the City's
suspension of issuance of credits consistent with the terms hereunder shall neither
create a basis for appeal of any permit nor create any right of action against the City
for such suspension.
Section 12. Certification of Project Costs. Upon completion of each of the McCormick
Park Improvement Projects as described in Section 9 above, McCormick shall submit certified
project costs to the City for review and acceptance by the City Engineer. Once these costs and the
executed Bill of Sale are reviewed and accepted by the City Engineer, not to be unreasonably
withheld, conditioned, or delayed, the Maximum Park Impact Fee Credit due to McCormick for
that Park Improvement Project will be established for the duration of this Agreement. When all
Park Improvement Projects are completed and the costs have been certified, then the Maximum
Park Impact Fee Credit will be fully established under this Agreement. The Maximum Park Impact
Fee Credit will equal the amount so certified, or a lessor amount in accordance with Section 10.a.
If the Maximum Park Impact Fee Credit due is less than the certified project costs of the
McCormick Village Park Project, then the City will continue to apply the $2,008.00 credit until
the Maximum Park Impact Fee Credit is reached, or this Agreement expires, whichever occurs
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first. McCormick acknowledges, accepts and agrees that this may result in some of the 2,650
dwelling units within McCormick Property (Exhibit B) receiving no (or only a partial) park impact
fee credit as the full reimbursement of the Maximum Impact Fee Credit is reached.
Section 13. Dedication of Public Lands; Valuation. McCormick shall dedicate the land
that it owns that is needed to construct each of the Park Improvement Projects as defined in
Exhibits C — J, provided, however, McCormick shall be able to include the fair market value of
such dedications into the project costs for certification as provided in this Agreement up to the
maximum credit amount. Any dedications needed to construct the McCormick Park Improvement
Projects shall be completed prior to the City's acceptance of the applicable Park Improvement
Project.
The Parties will determine the fair market value of any dedication of property as follows:
McCormick will hire a certified property appraiser, pay for the appraisal, and provide a copy of
that appraisal report to the City. The City shall use its best efforts to review the appraisal report
and provide a response to McCormick on the valuation within 30 days of receipt. If both the City
and McCormick agree that the appraisal is fair and reasonable, then the appraised value will be
accepted as the fair market value for any property dedications hereunder. If the City disagrees with
the appraisal, then the City may hire its own appraiser to perform a second appraisal at the
McCormick's expense. The date for valuation purposes shall be the same as used in McCormick's
appraisal. The City shall use its best efforts to obtain an appraisal report within 60 days of notice
to McCormick of its disagreement with McCormick's appraisal. If that second City -initiated
appraisal is within ten (10) percent of the value established by the first McCormick -initiated
appraiser, then the Parties will take the mid -point between the two appraisals and use that as the
fair market value. If the appraisals are more than 10 percent apart, the Parties have the option of
agreeing to a value or establishing another method to set the fair market value of the property.
Section 14. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' advance notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition,
the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs
as provided in the POMC for violations of the Code.
Section 15. Termination. This Agreement shall terminate twenty (20) years after effective
date. At either Party's request upon termination of this Agreement, the City shall record a notice
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of such termination in a form satisfactory to the Parties that the Agreement has been terminated.
Section 16. Extension. Any request for extension shall be subject to the provisions contained
in POMC Chapter 20.26 POMC.
Section 17. Effect upon Termination on McCormick. Termination of this Agreement as to
McCormick shall not affect any of McCormick's respective obligations to comply with the City
Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other land
use entitlements approved with respect to the Property, or obligations to pay assessments, liens,
fees, or taxes. Furthermore, if the Agreement expires without the Park Improvement Projects costs
being fully recovered by impact fee credit, McCormick will no longer be eligible to receive such
credits.
Section 18. Effects upon Termination on City. Upon any termination of this Agreement as
to the McCormick Property, or any portion thereof, the City will be under no obligation to provide
any additional credits or reimbursement to McCormick even if the Park Improvement Projects
costs have not been fully recovered at the time of expiration or termination.
Section 19. Assignment and Assumption. McCormick shall have the right to sell, assign or
transfer this Agreement with all rights, title, and interests therein to any person, firm, or corporation
at any time during the term of this Agreement with a sale of the underlying property that has not
been sold to McCormick Successors. If McCormick intends to sell, assign or transfer pursuant to
Section 22 below, McCormick shall provide the City with written notice of intent to do so at least
30 calendar days in advance of such action; provided; however, failure to strictly comply with the
30 calendar day notice provision shall not be considered a breach of this Agreement.
Section 20. Binding on Successors; Covenants Running with the Land. The conditions and
covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the
land and the benefits and burdens shall bind and inure to the benefit of the City and McCormick,
provided that the McCormick Successors and their successors shall benefit from this Agreement
by being eligible for impact fee credit but are not required to construct the Park Improvements.
McCormick shall remain burdened by the requirement to construct the Park Improvements except
by transferring its portion of the McCormick Property and this Agreement pursuant to Section 22
below.
Section 21. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the City and McCormick, be
consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the
Director, follow the same procedures set forth in Chapter 20.26 POMC. However, nothing in this
Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan,
Zoning Code, Official Zoning Map or development regulations, or to impacts fees that affect the
McCormick Property, or the properties owned by the McCormick Successors, in the same manner
as other properties, after the Effective Date of this Agreement.
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Section 22. General release. McCormick may free itself from further obligations relating to
the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee
expressly assumes the obligations under this Agreement as provided herein, including the
obligation to construct the Park Improvement Projects.
Section 23. Reimbursement for Agreement Expenses of the City. McCormick agrees to
reimburse the City for actual expenses incurred over and above fees paid by McCormick as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within
application fees. Upon payment of all expenses, McCormick may request written
acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30)
days from the City's presentation of a written statement of charges to McCormick.
Section 24. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the City and McCormick relating
to this Agreement, then these Parties shall meet and seek to resolve the dispute, in good faith,
within ten (10) working days after a Party's request for such a meeting. The City shall send the
Mayor, Community Development Director, Public Works Director, and/or the Mayor's designee
and any persons with information relating to the dispute, and McCormick shall send an owner's
representative and any consultant or other person with technical information or expertise related
to the dispute.
b) Court. If the City and McCormick cannot resolve the matter in a settlement meeting,
then jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington. The non -prevailing Party in any action brought to enforce this
Agreement shall pay the other Parties' expenses and reasonable attorney's fees.
Section 25. No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
Section 26. City's right to breach. The Parties agree that the City may, without incurring any
liability, engage in action that would otherwise be a breach if the City makes a determination on
the record that the action is necessary to avoid a serious threat to public health and safety, or if the
action is required by federal or state law.
Section 27. McCormick's Compliance. The City's duties under the Agreement are expressly
conditioned upon McCormick's substantial compliance with each and every term, condition,
provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws
and regulations and McCormick's obligations as identified in any approval or project permit for
the property identified in this Agreement.
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Section 28. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give rise only to damages under state contract law and shall not give rise to any liability
under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or
similar state constitutional provisions.
Section 29. Third Party Legal Challenge. In the event the City's approval of this Agreement
is appealed under the Land Use Petition Act, Chapter 36.70C RCW, the City may elect to tender
the defense of such appeal to McCormick. In the event of such tender, McCormick shall hold the
City harmless from and defend the City from all costs and expenses incurred in the defense of such
appeal. In addition, McCormick will defend, indemnify and hold the City, its officers, officials,
employees, and volunteers harmless from any claims, injuries, damages, losses, or suits, including
attorneys' fees, arising out of. (1) the City's suspension of issuance of impact fee credits
hereinunder in accordance with Section 11, or (2) McCormick's role as agent for any other party
in negotiating, implementing or performing this Agreement.
Section 30. Specific Performance. The City and McCormick specifically agree that damages
are not an adequate remedy for breach of this Agreement, and that these Parties are entitled to
compel specific performance of all material terms of this Agreement by the Party in default hereof.
Section 31. Recording. This Agreement shall be recorded against the McCormick Property
with the real property records of the Kitsap County Auditor. During the term of the Agreement, it
is binding upon the owners of the property and any successors in interest to such property.
Section 32. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but if any provision is found to be invalid or in violation of any
statute, rule, regulation or common law, the Parties will work together in good faith to determine
which remaining provisions in the Agreement remain viable and in effect.
Section 33. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
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 and remain in full force and effect.
Section 34. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the City and McCormick in accordance with this Section.
Notices, demands, correspondence to the City and/or McCormick (as applicable) shall be
sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as
designated below. Notice to the City shall be to the attention of both the City Clerk and the City
Attorney. Notices to successors -in -interest of McCormick shall be required to be given by the City
only for those successors -in -interest who have given the City written notice of their address for
such notice. The Parties hereto may, from time to time, advise the other of new addresses for such
notices, demands or correspondence. Unless otherwise specified, any written notice hereunder
shall become effective upon the date of both emailing and mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated below:
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McCORMICK COMMUNITIES, LLC
Eric Campbell
12332 NE 1151h Place
Kirkland, WA 98033
eric(c mspgroupllc.com
Nick Tosti
805 Kirkland Avenue, Suite 200
Kirkland, WA 98033
nicktosti&gmail.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuukcityofportorchard.us
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 35. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
Section 36. Covenant of Good Faith and Cooperation. The City and McCormick agree to
take further actions and execute further documents, either jointly or within their respective power
and authority, to implement the intent of this Agreement. Each Party covenants to use its best
efforts and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably necessary
to carry out this Agreement as may be necessary to provide a Party with a full and complete
enjoyment of its rights and privileges under this Agreement.
Section 37. Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
Section 38. Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument. Each
counterparty shall be deemed as an original as to the Party whose signature it bears, and all such
counterparts shall constitute one document.
Section 39. Entire Agreement. The written provisions and terms of this Agreement, together
with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the parties, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, this Agreement. The entire
agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement and exhibits thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
, 2022.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 16 of 21
1652897.8 - 366922 -0045
Page 149 of 354
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McCORMICK COMMUNITIES, LLC
C
Its:
APPROVED AS TO FORM:
Patrick Schneider
Attorney for McCormick Communities, LLC
McCORMICK COMMUNITIES, LLC
As Agent for McCormick Successors
Its:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 17 of 21
1652897.8 - 366922 -0045
CITY OF PORT ORCHARD
By:
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
Brandy Wallace, CMC
Port Orchard City Clerk
Page 150 of 354
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NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 18 of 21
1652897.8 - 366922 -0045
Page 151 of 354
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NOTARY BLOCK FOR McCORMICK COMMUNITIES, LLC
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that (he/she) signed this instrument, on
oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of such Party for the uses and
purposes mentioned in the instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 19 of 21
1652897.8 - 366922 -0045
Page 152 of 354
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NOTARY BLOCK FOR McCORMICK COMMUNITIES, LLC AS AGENT FOR
McCORMICK SUCCESSORS
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that (he/she) signed this instrument, on
oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the agent
for the parties listed on Exhibit I to this Agreement to be the free and voluntary act of such Party
for the uses and purposes mentioned in the instrument.
Dated: 20
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:_
My Commission expires:
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 20 of 21
1652897.8 - 366922 -0045
Page 153 of 354
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ATTACHED EXHIBITS
Exhibit A — Legal Description of the McCormick Property.
Exhibit B — Map of the McCormick Property which defines the area where park impact fee
credits may be applied.
Exhibit C — Map of McCormick Village Park Property.
Exhibit D — McCormick Village Park Improvement Project Conceptual Plan.
Exhibit E — Map of St. Andrew's Multi -Modal Trail.
Exhibit F — St. Andrew's Multi -Modal Trail Project, including components.
Exhibit G — Map of McCormick West Multi -Modal Trail Phases 1 and 2.
Exhibit H — McCormick West Multi -Modal Trail Phases 1 and 2 Trail Sections.
Exhibit I — List of McCormick Successors to whom lots have been sold and who have signed
agency agreements with McCormick.
Development Agreement for Funding Park Improvements
McCormick Communities, LLC
Page 21 of 21
1652897.8 - 366922 -0045
Page 154 of 354
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Exhibit A
Legal Descriptions And Parcel Numbers
PARCELS 1-8 ARE LOCATED IN MCCORMICK NORTH
PARCELI:
RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S
FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76, 77 AND 78, RECORDS OF KITSAP
COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON.
APN: 042301-3-01 1-2005
PARCEL 2:
TRACTS FD-1, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5 695-000-080-0002
PARCEL 3:
TRACT FD-2, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-081-0001
PARCEL 4:
TRACT FD-3, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-082-0000
PARCEL 5:
TRACT FD-4, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-083-0009 Page 155 of 354
PARCEL 6:
Back to Agenda
TRACT FD-5, MCCORMICK WOODS NORTH PHASE III, DIVISION 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5695-000-084-0008
PARCEL 7:
LOTS 1 THROUGH 21, INCLUSIVE, AND 50 THROUGH 66, INCLUSIVE, MCCORMICK WOODS NORTH
PHASE III, DIVISION 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS,
PAGES 201 THROUGH 2O7, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5695-000-001-0008, 5695-000-002-0007, 5695-000-003-0006, 5695-000-004-0005, 5695-000-005-0004,
5695-000-006-0003, 5695-000-007-0002, 5695-000-008-0001, 5695-000-009-0000, 5695-000-010-0007,
5695-000-011-0006, 5695-000-012-0005, 5695-000-013-0004, 5695-000-014-0003, 5695-000-015-0002,
5695-000-016-0001, 5695-000-017-0000, 5695-000-018-0009, 5695-000-019-0008, 5695-000-020-0005,
5695-000-021-0004, 5695-000-050-0008, 5695-000-051-0007, 5695-000-052-0006, 5695-000-053-0005,
5695-000-054-0004, 5695-000-055-0003, 5695-000-056-0002, 5695-000-057-0001, 5695-000-058-0000,
5695-000-059-0009, 5695-000-060-0006, 5695-000-061-0005, 5695-000-062-0004, 5695-000-063-0003,
5695-000-064-0002, 5695-000-065-0001, 5695-000-066-0000
PARCEL 8:
LOTS 22 THROUGH 49, INCLUSIVE, MCCORMICK WOODS NORTH PHASE III, DIVISION 2,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201 THROUGH
207, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5695-000-022-0003, 5695-000-023-0002, 5695-000-024-0001, 5695-000-025-0000, 5695-000-026-0009,
5695-000-027-0008, 5695-000-028-0007, 5695-000-029-0006, 5695-000-030-0003, 5695-000-031-0002,
5695-000-032-0001, 5695-000-033-0000, 5695-000-034-0009, 5695-000-035-0008, 5695-000-036-0007,
5695-000-037-0006, 5695-000-038-0005, 5695-000-039-0004, 5695-000-040-0001, 5695-000-041-0000,
5695-000-042-0009, 5695-000-043-0008, 5695-000-044-0007, 5695-000-045-0006, 5695-000-046-0005,
5695-000-047-0004, 5695-000-048-0003, 5695-000-049-0002
PARCELS 9-27 ARE LOCATED IN MCCORMICK WEST
PARCEL 9:
RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.
202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067,
IN VOLUME 92 OF SURVEYS, PAGES 244 THROUGH 247, RECORDS OF KITSAP COUNTY,
WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON.
APN: 082301-2-005-2001
PARCEL 10:
RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.
202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067,
IN VOLUME 92 OF SURVEYS, PAGES 244 THI�&C��;fi,�ECORDS OF KITSAP COUNTY,
WASHINGTON, BEING A PORTION OF THE SO HWEST QUARTER AND A PORTION OF THE
NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP
COUNTY, WASHINGTON. tack to Agenda
APN: 082301-3-001-2003
PARCEL 11:
PARCEL 1 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-002-2003
PARCEL 12:
PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 1723 01-2-003 -2002
PARCEL 13:
PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-004-2001
PARCEL 14:
PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-005-2000
PARCEL 15:
PARCEL 5 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-006-2009
PARCEL 16:
PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-2-007-2008
Page 157 of 354
PARCEL 17:
Back to Agenda
PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 172301-3-004-2009
PARCEL 18:
TRACT IA (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-134-0007
PARCEL 19:
TRACT 1B (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-135-0006
PARCEL 20:
TRACT I (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGES 234-244, AN AMENDMENT OF VOLUME 35, PAGE(S)
214-223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY,
WASHINGTON.
APN: 5696-000-140-0009
PARCEL 21:
TRACT 1S (FUTURE DEVELOPMENT)„ MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN: 5696-000-150-0006
PARCEL 22:
TRACT 1T (FUTURE DEVELOPMENT), MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
RECORDED IN VOLUME 35 OF PLATS, PAGE(S) 234-244, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON.
APN: 5696-000-151-0005
Page 158 of 354
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PARCEL 23:
LOTS 1 THROUGH 51, INCLUSIVE, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN:
5696-000-001-0007, 5696-000-002-0006, 5696-000-003-0005, 5696-000-004-0004, 5696-000-005-0003,
5696-000-006-0002, 5696-000-007-0001, 5696-000-008-0000, 5696-000-009-0009, 5696-000-010-0006,
5696-000-011-0005, 5696-000-012-0004, 5696-000-013-0003, 5696-000-014-0002, 5696-000-015-0001,
5696-000-016-0000, 5696-000-017-0009, 5696-000-018-0008, 5696-000-019-0007, 5696-000-020-0004,
5696-000-021-0003, 5696-000-022-0002, 5696-000-023-0001, 5696-000-024-0000, 5696-000-025-0009,
5696-000-026-0008, 5696-000-027-0007, 5696-000-028-0006, 5696-000-029-0005, 5696-000-030-0002,
5696-000-031-0001, 5696-000-032-0000, 5696-000-033-0009, 5696-000-034-0008, 5696-000-035-0007,
5696-000-036-0006, 5696-000-037-0005, 5696-000-038-0004, 5696-000-039-0003, 5696-000-040-0000,
5696-000-041-0009, 5696-000-042-0008, 5696-000-043-0007, 5696-000-044-0006, 5696-000-045-0005,
5696-000-046-0004, 5696-000-047-0003, 5696-000-048-0002, 5696-000-049-0001, 5696-000-050-0007,
5696-000-051-0006
PARCEL 24:
LOTS 52 THROUGH 59, INCLUSIVE, AND 94 THROUGH 99, INCLUSIVE, MCCORMICK WEST DIVISION
11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234
THROUGH 244, INCLUSIVE, AN AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223,
INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5696-000-052-0005, 5696-000-053-0004, 5696-000-054-0003, 5696-000-055-0002, 5696-000-056-0001,
5696-000-057-0000, 5696-000-058-0009, 5696-000-059-0008, 5696-000-094-0005, 5696-000-095-0004,
5696-000-096-0003, 5696-000-097-0002, 5696-000-098-0001, 5696-000-099-0000
PARCEL 25:
LOTS 100 THROUGH 133, INCLUSIVE, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN
AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF
KITSAP COUNTY, WASHINGTON.
APN:
5696-000-100-0007, 5696-000-101-0006, 5696-000-102-0005, 5696-000-103-0004, 5696-000-104-0003,
5696-000-105-0002, 5696-000-106-0001, 5696-000-107-0000, 5696-000-108-0009, 5696-000-109-0008,
5696-000-110-0005, 5696-000-111-0004, 5696-000-112-0003, 5696-000-113-0002, 5696-000-114-0001,
5696-000-115-0000, 5696-000-116-0009, 5696-000-117-0008, 5696-000-118-0007, 5696-000-119-0006,
5696-000-120-0003, 5696-000-121-0002, 5696-000-122-0001, 5696-000-123-0000, 5696-000-124-0009,
5696-000-125-0008, 5696-000-126-0007, 5696-000-127-0006, 5696-000-128-0005, 5696-000-129-0004,
5696-000-130-0001, 5696-000-131-0000, 5696-000-132-0009, 5696-000-133-0008
Page 159 of 354
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PARCEL 26:
LOTS 60 THROUGH 93, INCLUSIVE, MCCORMICK WEST DIVISION 12, PHASE 1, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 36 OF PLATS, PAGES 37 THROUGH 41, INCLUSIVE,
RECORDS OF KITSAP COUNTY, WASHINGTON.
APN:
5704-000-060-0005, 5704-000-061-0004, 5704-000-062-0003, 5704-000-063-0002, 5704-000-064-0001,
5704-000-065-0000, 5704-000-066-0009, 5704-000-067-0008, 5704-000-068-0007, 5704-000-069-0006,
5704-000-070-0003, 5704-000-071-0002, 5704-000-072-0001, 5704-000-073-0000, 5704-000-074-0009,
5704-000-075-0008, 5704-000-076-0007, 5704-000-077-0006, 5704-000-078-0005, 5704-000-079-0004,
5704-000-080-0001, 5704-000-081-0000, 5704-000-082-0009, 5704-000-083-0008, 5704-000-084-0007,
5704-000-085-0006, 5704-000-086-0005, 5704-000-087-0004, 5704-000-088-0003, 5704-000-089-0002,
5704-000-090-0009, 5704-000-091-0008, 5704-000-092-0007, 5704-000-093-0006
PARCELS 28-40 ARE LOCATED IN MCCORMICK WOODS
PARCEL 28:
PARCEL 1 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-019-2007
PARCEL 29:
PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-020-2004
PARCEL 30:
PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 162301-1-021-2003
Page 160 of 354
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PARCEL 31:
PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION
9 AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, ALL IN
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 0923 01-4-002-2009
PARCEL 32:
PARCEL 5 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S FILE NO.
200902050056.
APN: 0923 01-4-003 -2008
PARCEL 33:
PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHEAST AND THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 0923 01-4-004-2007
PARCEL 34:
PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON.
APN: 092301-1-005-2002
PARCEL 35:
PARCEL 10 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO.
200612270418, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
APN: 092301-4-005-2006
Page 161 of 354
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PARCEL 36:
RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S
FILE NO. 200811100041, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON; AND A PORTION OF TRACT "E" OF MCCORMICK
WOODS DIVISION 10, RECORDED IN VOLUME 29 OF PLATS, PAGE(S) 120 THROUGH 131,
INCLUSIVE, IN KITSAP COUNTY, WASHINGTON.
APN: 092301-1-009-2008
PARCEL 37:
TRACT "C" OF SECOND AMENDED PLAT OF MCCORMICK WOODS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGE(S) 189 THROUGH 196, INCLUSIVE, IN
KITSAP COUNTY, WASHINGTON.
APN: 6031-000-131-0002
PARCEL 38:
TRACT U (FUTURE DEVELOPMENT), ELDON TRAILS DIVISION 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 34 OF PLATS, PAGES 130 THROUGH 138, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5 5 52-0000-04 5-000 8
PARCEL 39:
TRACT D (FUTURE DEVELOPMENT), AMHERST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 35 OF PLATS, PAGES 174 THROUGH 179, INCLUSIVE, RECORDS OF KITSAP COUNTY,
WASHINGTON.
APN: 5686-000-057-0002
PARCEL 40:
TRACT E (OPEN SPACE OR FUTURE DEVELOPMENT), AMHERST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 174 THROUGH 179, INCLUSIVE, RECORDS
OF KITSAP COUNTY, WASHINGTON.
APN: 5686-000-058-0001
Page 162 of 354
Back to Agenda
Exhibit B
Areas Subject to Fee Credit
McCormick North
McCormick West
Le end
•........................�
North
...........................
...........................
West
McCormick Woods
Page 163 of 354
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Exhibit C
McCormick Village Park Site
Page 164 of 354
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Exhibit D
Proposed McCormick Village
Park Improvements
It
r
atormwaler
d Bl-Ant ldn
pond
r 4
r 414�rn9
New park entrancejjv".,�
and trail section ►, 4� ,
Multi Modal trai
New park entrance
and trail section
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Page 165 of 354
Back to Agenda
Exhibit E
St Andrews multi modal trail
New St Andrews extension with multi modal trail
■ ■ ■ ■ ■ ■ ■ A ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Page 166 of 354
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Exhibit F
St Andrews Trail Sections
GUARDRAIL AS REQUIRE6, OR
OTHER APPROVED SYSTEM
STD C&G
(TYP)
1.5'
11' DRIVE LANE 11' DRIVE LANE 0' MULTI MODAL
TRAIL
3' MIN
BUFFER
60' ROW
1' "1' nRIVE L 10' MULTI MODAL
6' MIN TRAIL
BUFFER
4'SHOULDER
(1) DRAINAGE CONDITIONS MAY VARY AND INCLUDE PIPED CONVEYANCE ON ONE SIDE OR BOTH SIDES OF THE
STREET- ROAD MAY BE CROWNED OR SUPERELEVATED TO REFLECT DRAINAGE CONDITIONS -
Page 167 of 354
Exhibit G and I Back to Agenda
McCormick West multi modal trails
ens „.s�• �
• Clifton
. •
� �{y�11111111/���11111111�III�
1111111� C
1
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CO
Page 168 of 354
Back to Agenda
Exhibit H and J
McCormick West multi modal trail section
w
0
J
Z)
O
2
v
Page 169 of 354
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Exhibit K
McCormick Successors
Century Communities of Washington LLC
20000 N Creek Parkway, Suite 201
Bothell WA 98011
Mainvue WA LLC
121 3rd Avenue,
Kirkland WA 98033
Tri Pointe Homes Washington, Inc.
15900 SE Eastgate Way, Suite 300
Bellevue, WA 98008
Pulte Homes of Washington, Inc.
3535 Factoria Boulevard SE,
Bellevue WA 98006
Page 170 of 354
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;0 4
a
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7B
Adoption of an Ordinance Amending POMC
Chapters 20.68 and 20.38.235 Regarding
Accessory Dwelling Unit Owner Occupancy
Meeting Date: September 13, 2022
Prepared by: Nick Bond, AICP
Development Director
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: During the 2021 Regular Session the State of Washington passed House Bill 1220 related to
supporting emergency shelters and housing through local planning and development. A new section was
added to chapter 36.70A RCW which encourages cities to consider policies encouraging the construction of
accessory dwelling units (ADU) as a mechanism to meet affordable housing goals. Earlier versions of various
housing bills included language that would prevent cities from requiring owner occupancy on lots where
ADUs are allowed, but this provision did not pass the legislature but could be considered by the legislature
again in future sessions.
Despite the lack of amendments to state law, city staff believes that the owner occupancy requirement in
POMC 20.68 is a barrier to ADU construction and that our requirement to record a deed restriction as part of
permitting an ADU and that the requirement will create an administrative burden if the legislature acts to
prohibit ADU owner occupancy requirements in the future. Moreover, in most districts where ADUs are
allowed, duplexes are also allowed and don't include similar owner occupancy requirement. The proposed
ordinance would amend the owner occupancy requirements in POMC 20.68.070, .090 and .100 to help
encourage the development of ADUs thereby addressing affordable housing goals consistent with the
guidance provided by the State Legislature and the City's Comprehensive Plan.
Staff introduced removing an owner -occupancy requirement for Accessory Dwelling Units (ADU) to the
Planning Commission at the March 1, 2022 Planning Commission meeting where the Planning Commission
requested that staff continue to review the owner -occupancy requirements for ADUs. Staff discussed the
proposal with the Land Use Committee on April 20, 2022 where the Committee recommended that staff
continue working with the Planning Commission on current proposal as drafted. The Planning Commission,
after hearing testimony in support of the proposed ordinance, voted to recommend the proposed ordinance
for approval to the City Council.
Relationship to Comprehensive Plan: The suggested Code amendments further Policy HS-4 of the City of Port
Orchard Comprehensive Plan's Housing Element.
Recommendation: Staff recommends adoption of the proposed amendments to Port Orchard Municipal
Code 20.68 and POMC 20.38.235 as presented.
Page 171 of 354
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Business Item 7B
Page 2 of 2
Motion for consideration: "I move to adopt an ordinance amending Port Orchard Municipal Code
20.68 and POMC 20.38.235, as presented."
Fiscal Impact: None.
Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed
ordinance based on public input.
Attachments: Ordinance
Page 172 of 354
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING DEVELOPMENT OF ACCESSORY DWELLING UNITS,
AMENDING SECTIONS 20.68.070, 20.68.080, 20.68.090,
20.68.100 AND REPEALING SECTION 20.38.235 OF THE PORT
ORCHARD MUNICIPAL CODE, TO REMOVE OWNER -OCCUPANCY
REQUIREMENTS FOR ACCESSORY DWELLING UNITS AND
REMOVE PARKING REQUIREMENTS, PROVIDING FOR
CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING
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 Sections 20.68.070, 20.68.080,
20.68.090, 20.68.100 and repeal 20.38.235 to remove an owner -occupancy requirement of
Accessory Dwelling Units; and
WHEREAS, the region is in a housing crisis and there is both a need and a demand for
more housing of all types, including smaller dwelling units like ADUs which are often a more
affordable housing type, will allow people to age in place, or will provide housing for people at
different life stages; and
WHEREAS, in order to make ADUs more feasible and increase supply, modification of
regulations to reduce certain burdensome requirements is required; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day
expedited review on May 20, 2022 which was granted by Commerce and the requisite time has
now passed to allow this ordinance to be adopted; and
WHEREAS, on May 20, 2022, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, 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 July 19, 2022, the City issued a Notice of Public Hearing for the proposed
amendments to POMC 20.68.070, 20.68.080, 20.68.090, 20.68.100 and the repeal of 20.38.235,
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 August 2, 2022, received testimony from the public in support of the
Page 173 of 354
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Ordinance No.
Page 2of5
proposed changes, 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, DO ORDAIN AS
IQ XVI&I
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. Section 20.68.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.68.070 Accessory dwelling units — Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall
apply for approval in accordance with the following procedures:
(a) Application. Prior to installation of an ADU, the property
owner shall apply for an ADU permit. A complete application shall include a
properly completed application form, floor and structural plans for any structural
modification, a site plan if detached structures or an addition are proposed, and
fees as prescribed in subsection (1)(b) of this section.
(b) Fees. I ipeR sale of the p r+" the r pFepeFty ewper shall
be FequiFed-design a new affidavit and- teFegisteF the —A U, pates The
application shall be accompanied by the applicable fee in accordance with the
city's adopted fee schedule. If new or upgraded water or sewer connections are
required, water and/or sewer connection fees shall be required in accordance
with POMC Title 13.
(e\�se y Dwelling Unit AgFeer ent. The e�v"'vneF of any pFep"
centaining an ADU shall reeeFd •th +heI(tap vim, dater eF
�� "dTcrrzrr ., v-a a{� a-i-cvr�aTracce53
dwelling unit agFeement and notice t6title -f6F the ADU. Such agFeement and
ceuneilr
which has heen�eri���e��s�t�lAD , (ii) affiFrnatei�t�a-+�terPrer=hrarllr
eccupy efth eFthe mdin g eF the A(unless the ADU is .,ter —a
E^vrrrrrr^eFe6al eF *ndwstFial deyelepment), and that }e pFepeFty ewneragFees to
all Feqi4iFements pFevided n this ehapteF; aarm("i) the c^vrnditienS neGeSsaFy W
apply the r sir„-+* r,� -,r,.J I*M .it--,+i Y,-r C .AtaiY,,,.J iA +h*< <,,.-+m Y
Page 174 of 354
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Ordinance No.
Page 3of5
The p eFty ewneF shall submit p of that the a nt and netie
title --have been FeeeFded p r+eFte issuance eFiM i+ The A D I I
agFeement and netice to title shall Fun with the land as lengas the ^pis
main apply „
,,,,,-rtai,T e� e-�e{�e-�t�¢-ei�t}e�a�-a-c-a,=r�ti-t�"�c� the
planningec�a�e�-ri-Fra+•Ferref the -rI �a-sFeeieiSuch termi-Pra+'Fen
that c e-te-title has been Fec ed whoch states that -the ADU s-been
Fe reeved-
(4c) Permit. Upon receipt of a complete application, application fees,
pFeef efFeceFdedaccesseFy dwelling unit—agFeerAert, and approval of any
necessary building or other permits, an ADU permit shall be issued.
SECTION 3. Section 20.68.080 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.080 Inspection.
The CEity shall inspect the property to confirm that minimum and
maximum size limits, required parking and design standards, and all applicable
building, health, safety, energy, and electrical code standards are met.
SECTION 4. Section 20.68.090 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.090 Violations.
A violation of this chapter FegaFd*Rg—p,re-vis;,e„--eT-eWRers;;p shall be
governed by POMC 20.68.100(g), and a VielatieR f n of legalizatieR f
raA_REe Tg-ADIJs shall -be-geveFRed by C20.6582.1&9�° . Violations of any
other city permit or code requirements shall be governed by Chapter 20.02
POMC.
SECTION 5. Section 20.68.100 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be
subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for
single-family use containing not more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an
accessory apartment (attached dwelling) or a backyard cottage dwelling, shall be
permitted on one lot.
Page 175 of 354
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Ordinance No.
Page 4 of 5
(3) Occupancy. The maximum number of occupants in any ADU shall be
four persons. Maximum occupancy may be further limited by Section 1004
(Occupant Load) of the International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living,
sanitation, and sleeping.
MUD
..
..„
..
..
..
(566) Home Businesses and Occupations. Home businesses and
occupations shall be allowed, subject to existing regulations. However, if both
the main residence and the ADU contain home businesses, only one of the two is
permitted to receive customers on the premises
(67) Short -Term Rental. The use of an ADU as a short-term rental shall be
allowed, subject to compliance with the vacation rental and bed and breakfast
regulations in POMC 20.39.345.
(79) Legalization of Nonconforming ADUs. Existing ADUs that are made
nonconforming by this chapter, or ADUs legally existing prior to the enactment
of these requirements, may be maintained as a legal nonconforming use in
accordance with Chapter 20.54 POMC.
SECTION 6. Section 20.38.235 of the Port Orchard Municipal Code is hereby repealed in
its entirety.
SECTION 7. 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 8. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
Page 176 of 354
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Ordinance No.
Page 5 of 5
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 1311 day of September 2022.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 177 of 354
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;0 4
a
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7C
Adoption of an Ordinance Amendiniz
POMC Chapters 20.33 and 20.34 Accessory
Structure Setbacks
Meeting Date: September 13, 2022
Prepared by: Nick Bond, AICP
Development Director
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: In 2018, the City Council adopted Chapters 20.33 and 20.34, the Greenbelt and Residential zoning
designations, which contain development standards on properties designated Greenbelt (GB), Residential 1
(R1), Residentia12 (R2), Residential 3 (R3), Residential 4 (114), Residential 5 (R5) and Residential 6 (R6). City
staff proposes to amend Chapters 20.33 and 20.34, to provide clarity and modify the required accessory
structure setbacks.
Currently, POMC 20.33.010(2) does not permit accessory structures in the GB district. However, POMC
20.32.015 specifically identifies accessory structures as a permitted building type in the GB district. Staff
intends to provide consistency between the two sections and clarify that accessory structures are permitted
in the GB district. The inclusion of accessory structures in POMC 20.33.010(2) then necessitates addressing
the required setbacks in the event an accessory structure is proposed. The proposed GB accessory structure
setbacks differ from those proposed in the Residential district as development in GB is generally of lesser
density and intensity. The proposed setbacks recognize the difference between the types and intensity of
development.
The R1, R2, R3 and R6 districts currently identify accessory structure setbacks. Staff intends to modify the
accessory structure setbacks to provide more flexibility in the location of these structures on a Lot. This is of
particular importance on smaller infill Lots which may have alleys access. In some instances, where alley
access exists, the proposed accessory structure setbacks would allow the zero -lot line development and the
sharing of common walls provided the walls meet fire separation requirements outlined in the Building Code.
Additionally, the proposed amendments would reduce the required rear yard setback for accessory
structures from 10 feet to three feet. The current rear yard setback for the primary structure on the site is 10
feet which sometimes presents challenges locating accessory structures behind a primary structure. The
intent is to provide greater flexibility while creating consistency throughout the Residential districts.
The R4 and R5 districts are currently devoid of any accessory structure setback requirements. Staff proposes
the adoption of the same standards as described above for the same purpose. While the R4 and R5 districts
do not permit detached houses, multifamily development often proposes accessory structures such as
covered shelters for parking, mechanical buildings and the like. Without accessory structure standards, staff
cannot apply accessory structures setbacks and is often in a position where while the building type is
permitted, the permitted location cannot be identified. Staff has used the principal building setbacks in this
instance; however, the introduction of these standards provides clarity for property owners and staff.
Page 178 of 354
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Staff Report 7C
Page 2 of 2
Staff introduced the proposed amendments to accessory structure setbacks to the Planning
Commission at the July 5, 2022 Planning Commission meeting. The Planning Commission held a
public hearing on August 2, 2022 and voted to recommend approval of the proposed ordinance to
the City Council.
Relationship to Comprehensive Plan: The suggested Code amendments implements the goals and
policies of the Comprehensive Plan Land Use Element.
Recommendation: Staff recommends adoption of the proposed amendments to POMC proposed
revisions to 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, and 20.34.060 as
presented.
Motion for consideration: "I move to recommend adoption of an ordinance amending accessory
structure setbacks in Port Orchard Municipal Code 20.33.010, and 20.34.010 through 20.34.060 as
presented."
Fiscal Impact: None
Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed
ordinance based on public input.
Attachments: Ordinance
Page 179 of 354
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING ACCESSORY STRUCTURE SETBACKS, AMENDING
SECTIONS 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040,
20.34.050, AND 20.34.060 OF THE PORT ORCHARD MUNICIPAL
CODE TO PROVIDE CONSISTENT ACCESSORY STRUCTURE
SETBACKS IN RESIDENTIAL DISTRICTS PROVIDING FOR
CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING
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 Sections 20.33.010, 20.34.010,
20.34.020, 20.34.030, 20.34.040, 20.34.050, and 20.34.060 to create consistent accessory
structure setbacks in Residential districts; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day
expedited review on July 15, 2022 which was granted by Commerce and the requisite time has
now passed to allow this ordinance to be adopted; and
WHEREAS, on July 14, 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 July 19, 2022, the City issued a Notice of Public Hearing for the proposed
amendments to POMC 20.33.010, 20.34.010, 20.34.020, 20.34.030, 20.34.040, 20.34.050, and
20.34.060, 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 August 2, 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,
Page 180 of 354
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Ordinance No.
Page 2 of 24
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. The Port Orchard Municipal Code, Section 20.33.010, is hereby amended to
read as follows:
20.33.010. Greenbelt
(1) Intent. The greenbelt district is intended to protect sensitive natural
resources and critical areas. Residential development not exceeding one single-
family residential unit per two acres, and certain other compatible land uses, are
allowed to supplement the protection of these resources in exchange for
preserving open space.
(2) Building Types Allowed. The following building types are allowed:
(a) Detached single-family house.
(b) Backyard cottage.
(c) General building.
d) Accessory building.
M
W
,fiAA44
Greenbelt Buildings
(3) Lot Dimensions.
Gross Density: 1 unit/2 acres maximum
Page 181 of 354
Area Width (B)
(A)
Detached 2 No
house acres minimum
min
Greenbelt Lot Dimensions
(4) Maximum hard surface coverage is 15 percent.
(5) Building Placement.
Principal Building Setbacks:
Back to Agenda
Ordinance No.
Page 3 of 24
(a)
Primary
15
(A)
street
ft
min
(b)
Side
10
(B)
street
ft
min
(c)
Side
5 ft
(C)
interior
min
(d)
Rear
10
(D)
ft
min
Accessory Structure Setbacks:
a) Primary Street 40 ft min (A)
b) Side street 10 ft min (B)
Page 182 of 354
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Ordinance No. _
Page 4 of2
&1 Side interior 5 R m ¥ (U
gl Rear 5 R m in (D)
�.
w,
Greenbelt Building Placement
(B) Building Height.
Principal i (A)
building aories35
R max
Accessory 24 R max (B)
structure
z•� �� �-�
46 w q
xy�
d d
Greenbelt Building Height
«1S of 354
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Ordinance No.
Page 5 of 24
SECTION 3. Section 20.34.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.34.010 Residential 1 (111).
(1) Intent. The R1 district is intended to accommodate single-family detached houses with a
minimum lot size of 5,000 to 6,000 square feet. (Cottage court developments may have individual lots as
small as 1,200 square feet, as indicated below.) R1 may be applied in areas designated as residential low
or residential medium in the Port Orchard comprehensive plan. Uses and building types that would
substantially interfere with the single-family residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R1 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Accessory buildings (POMC 20.32.010(16)).
(d) Cottage court (POMC 20.32.040).
(3) Lot Dimensions.
R1 Building Types
Page 184 of 354
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Ordinance No.
Page 6 of 24
(a) Minimum Lot Size.
(i) Lots that take vehicular access from primary street: 6,000 square feet.
(ii) Lots that do not take vehicular access from primary street (lots with vehicular access
from alley): 5,000 square feet.
(iii) Cottage court: 1,200 square feet (see POMC 20.32.040).
(b) Minimum lot width: 50 feet.
(4) Maximum hard surface coverage is 50 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: 10 feet minimum.
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: three feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
e) Fire separation as specified in the building code may be required for accessory buildings.
Page 185 of 354
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Ordinance No. _
Page 7 of2
-
�
�
w�
b
d�
�
R1 Building Placement
(7) Building Height.
(a)Principal building: three storiesaSfeet maximum.
(b)Acessory structure: 2 feet maximum.
.*�
� <�
400
R1 Building Heigh
SECTION 4 Section 20.34 020 of the Port Orchard Municipal Code is hereby amended
to read asfollows:
20 a4 020 Residential 2(112.
(1} Intent. The RZ diaries is primarily intended to accommodate detached house, duplex, and
townhouse development with minimum lot size that varies based on building type. The RZ $aHc is
«1m of 354
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Ordinance No.
Page 8 of 24
intended to implement the residential medium density comprehensive plan designation. Additional
building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage
court, duplex and attached house. Uses that would substantially interfere with the residential nature of
the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R2 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Townhouse (POMC 20.32.090) (three to four units townhouse buildings only).
(h) Accessory buildings (POMC 20.32.010(16)).
(3) Lot Dimensions.
R2 Building Types
Page 187 of 354
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Ordinance No.
Page 9 of 24
w
R2 Lot Dimensions
(a) Minimum Lot Size by Building Type.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 5,000 square feet.
(B) Lots that do not take vehicular access from primary street (lots with
vehicular access from alley): 3,000 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 1,200 square feet.
(iv) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(v) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(vi) Attached house (POMC 20.32.070): 2,500 square feet.
(vii) Townhouse (POMC 20.32.090): 2,000 square feet.
(b) Minimum Lot Width.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 50 feet.
(B) Lots that do not take vehicular access from primary street: 30 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 20 feet.
(iv) Duplex: Side -by -Side (POMC 20.32.050).
(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(v) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(vi) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(vii) Townhouse (POMC 20.32.090).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
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Ordinance No.
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(4) Maximum hard surface coverage is 70 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses or attached houses which do not require a side interior setback).
(d) Rear: 10 feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses or attached houses which do not require a side interior setback). Side interior
setback may be reduced to zero (0) feet within principal building rear yard where an opened alley abuts
rear property line.
(d) Rear: 4,9 three feet minimum (rear setback for an accessory structure abutting an alley may
be reduced to two feet).
e) Fire separation as specified in the building code may be required for accessory buildings.
(7) Building Height.
R2 Building Placement
Principal building 3 stories/35 ft max (A)
Accessory structure 24 ft max (B)
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Ordinance No.
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R2 Building Height
SECTION S. Section 20.34.030 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.34.030 Residential 3 (113).
(1) Intent. The R3 district is intended to accommodate a variety of residential options
limited to three stories in height. The R3 zone should be applied in areas designated as
residential medium density in the Port Orchard comprehensive plan. Uses that would
substantially interfere with the residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R3 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Fourplex (POMC 20.32.080).
(h) Townhouse (POMC 20.32.090).
(i) Apartment (POMC 20.32.100).
(j) Accessory buildings (POMC 20.32.010(16)).
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R3 Building Types
(3) Lot Dimensions.
Ordinance No.
Page 12 of 24
(a) Minimum Lot Size by Building Type.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street with three or more
side -by -side enclosed parking stalls (three -car garage): 5,000 square feet.
(B) Lots that take vehicular access from primary street with two side -by -
side enclosed parking stalls (two -car garage): 4,000 square feet.
(C) Lots that take vehicular access from primary street with one side -by -
side enclosed parking stall (one -car garage or tandem configuration two -car
garage): 2,800 square feet.
(D) Lots that do not take vehicular access from primary street (lots with
access from alley): 2,400 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 1,200 square feet.
(iv) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(v) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(vi) Attached house (POMC 20.32.070): 2,000 square feet.
(vii) Fourplex: 7,000 square feet.
(viii) Townhouse (POMC 20.32.090): 800 square feet.
(ix) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Detached House (POMC 20.32.020).
(A) Lots that take vehicular access from primary street: 36 feet.
(B) Lots that do not take vehicular access from primary street: 26 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Cottage court (POMC 20.32.040): 20 feet.
(iv) Duplex: Side -by -Side (POMC 20.32.050).
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Ordinance No.
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(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(v) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(vi) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(vii) Fourplex (POMC 20.32.080): 60 feet.
(viii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 16 feet.
(ix) Apartment: 80 feet.
R3 Lot Dimensions
(4) Maximum hard surface coverage is 80 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on
individual lots such as townhouses or attached houses which do not require a side interior
setback).
(d) Rear: 10 feet minimum.
(6) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (01
feet within principal building rear yard where an opened alley abuts rear property line.
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Ordinance No.
Page 14 of 24
(d) Rear: 18 Three feet minimum (rear setback for an accessory structure abutting an
alley may be reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory
buildings.
(7) Building Height.
R3 Building Placement
Principal building 3 stories/35 ft max (A)
Note: If a property is located within an area designated by the city as a receiving site for the
transfer of development rights, additional height for apartment buildings may be allowed. Refer
to Chapter 20.41 POMC, Transfer of Development Rights Program, for additional information.
Accessory structure 24 ft max (B)
x.
M1 4
R3 Building Height
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Ordinance No.
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SECTION 6. Section 20.34.040 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.34.040 Residential 4 (114).
(1) Intent. The R4 district is intended to accommodate a variety of multifamily residential
options at heights of 45 feet or less. Uses that would substantially interfere with the residential nature
of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R4 zone are as follows:
(a) Cottage court (POMC 20.32.040).
(b) Fourplex (POMC 20.32.080).
(c) Townhouse (POMC 20.32.090).
(d) Apartment (POMC 20.32.100).
(e) Accessory buildings (POMC 20.32.010(16)).
R4 Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Cottage court (POMC 20.32.040): 1,200 square feet.
(ii) Fourplex (POMC 20.32.080): 7,000 square feet.
(iii) Townhouse (POMC 20.32.090): 800 square feet.
(iv) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Cottage court (POMC 20.32.040): 20 feet.
(ii) Fourplex (POMC 20.32.080): 60 feet.
(iii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
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Ordinance No.
Page 16 of 24
(B) Lots that do not take vehicular access from primary street: 16 feet.
(iv) Apartment: 80 feet.
}
R4 Lot Dimensions
(4) Maximum hard surface coverage is: 80 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses which do not require a side interior setback).
(d) Rear: 10 feet minimum (four feet minimum where abutting an alley).
tQ Accessory Structure Setbacks.
a) Primary street: 40 feet minimum.
(b) Side street: 10 feet minimum.
c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
d) Rear: Three feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feetl.
e) Fire separation as specified in the building code may be required for accessory buildings.
(67) Build -to Zone (BTZ).
(a) Building facade in primary street: 60 percent minimum BTZ (percent of lot width).
(b) Building facade in side street: 30 percent minimum BTZ (percent of lot width).
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Ordinance No.
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R4 Building Placement
(78) Building Height.
(a) All buildings and structures: four stories/45 feet maximum.
Note: If a property is located within an area designated by the city as a receiving site for the transfer of
development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41
POMC, Transfer of Development Rights Program, for additional information.
.- ...
R4 Building Height
SECTION 7. Section 20.34.050 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.34.050 Residential 5 (R5).
(1) Intent. The R5 district is intended to accommodate a variety of multifamily residential
options at heights of 55 feet or less. Uses that would substantially interfere with the residential nature
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Ordinance No.
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of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R5 zone are as follows:
(a) Cottage court (POMC 20.32.040).
(b) Fourplex (POMC 20.32.080).
(c) Townhouse (POMC 20.32.090).
(d) Apartment (POMC 20.32.100).
(e) Accessory buildings (POMC 20.32.010(16)).
It
(3) Lot Dimensions.
R5 Building Types
(a) Minimum Lot Size by Building Type.
(i) Cottage court (POMC 20.32.040): 1,200 square feet.
(ii) Fourplex (POMC 20.32.080): 7,000 square feet.
(iii) Townhouse (POMC 20.32.090): 1,000 square feet.
(iv) Apartment (POMC 20.32.100): 10,000 square feet.
(b) Minimum Lot Width.
(i) Cottage court (POMC 20.32.040): 20 feet.
(ii) Fourplex (POMC 20.32.080): 60 feet.
(iii) Townhouse.
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 16 feet.
(iv) Apartment: 80 feet.
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Ordinance No.
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R5 Lot Dimensions
(4) Maximum hard surface coverage is 80 percent.
(5) Principal Building Setbacks.
(a) Primary Street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum (except attached housing types with dwellings on individual
lots such as townhouses which do not require a side interior setback).
(d) Rear: 10 feet minimum (four feet minimum where abutting an alley).
6) Accessory Structure Setbacks.
a) Primary street: 40 feet minimum.
b) Side street: 10 feet minimum.
c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
d) Rear: Three feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
e) Fire separation as specified in the building code may be required for accessory buildings.
(67) Build -to Zone (BTZ).
(a) Building facade in primary street: 60 percent minimum BTZ (percent of lot width).
(b) Building facade in side street: 30 percent minimum BTZ (percent of lot width).
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Ordinance No.
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R5 Building Placement
(78) Building Height.
(a) All buildings and structures: five stories/55 feet maximum.
Note: If a property is located within an area designated by the city as a receiving site for the transfer of
development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41
POMC, Transfer of Development Rights Program, for additional information.
R5 Building Height
SECTION 8. Section 20.34.060 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.34.060 Residential 6 (R6).
(1) Intent. The R6 district is primarily intended to accommodate detached house development
with a minimum lot size that varies based on building type. The R6 district is intended to implement the
residential medium density comprehensive plan designation in selected parts of the McCormick Woods
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Ordinance No.
Page 21 of 24
master planning area. Additional building types that are allowed include backyard cottage (detached
accessory dwelling unit), cottage court, duplex and attached house. Uses that would substantially
interfere with the residential nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R6 zone are as follows:
(a) Detached house (POMC 20.32.020).
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Cottage court (POMC 20.32.040).
(d) Duplex: side -by -side (POMC 20.32.050).
(e) Duplex: back-to-back (POMC 20.32.060).
(f) Attached house (POMC 20.32.070).
(g) Accessory buildings (POMC 20.32.010(16)).
(3) Lot Dimensions.
R6 Building Types
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Ordinance No.
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w
R6 Lot Dimensions
(a) Minimum Lot Size by Building Type.
(i) Detached house (POMC 20.32.020): 4,000 square feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Duplex: side -by -side (POMC 20.32.050): 5,000 square feet.
(iv) Duplex: back-to-back (POMC 20.32.060): 5,000 square feet.
(v) Attached house (POMC 20.32.070): 2,500 square feet.
(b) Minimum Lot Width.
(i) Detached house (POMC 20.32.020): 40 feet.
(ii) Backyard cottage (detached ADU) (POMC 20.32.030): not applicable.
(iii) Duplex: Side -by -Side (POMC 20.32.050).
(A) Lots that take vehicular access from primary street: 60 feet.
(B) Lots that do not take vehicular access from primary street: 40 feet.
(iv) Duplex: back-to-back (POMC 20.32.060): 40 feet.
(v) Attached House (POMC 20.32.070).
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: 20 feet.
(4) Maximum hard surface coverage is 75 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020).
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: 10 feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
(6) Accessory Structure Setbacks
(a) Primary street: 40 feet minimum.
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Ordinance No.
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(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum. Side interior setback may be reduced to zero (0) feet within
principal building rear yard where an opened alley abuts rear property line.
(d) Rear: 19 Three feet minimum (rear setback for an accessory structure abutting an alley may
be reduced to two feet).
(e) Fire separation as specified in the building code may be required for accessory buildings.
>
R6 Building Placement
(7) Building Height.
(a) Principal building: three stories/35 feet maximum.
(b) Accessory structure: 24 feet maximum.
R6 Building Height
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Ordinance No.
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SECTION 9. 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 10. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 11. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 12. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 131" day of September 2022.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
/_1991090"_1.12r0110110k E
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7D
Adoption of a Resolution Approving a
Contract with A -Advanced Septic
Services, Inc. for the 2022 McCormick
Meeting Date
Prepared by
Woods Annual Septic Tank Cleaning Atty Routing No
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September 13, 2022
Chris Hammer
Interim Public Works
Director /City Engineer
366922-0014 — Sewer
Atty Review Date: September 6, 2022
Summary: The City annually pumps residential septic tanks in McCormick Woods. Public Works Staff
identified 51 septic tanks that are due for pumping. By this Resolution, the City Council would
authorize the Mayor to execute a contract with A -Advanced Septic Services for the 2022 McCormick
Woods Annual Septic Tank Cleaning Project. To select A -Advanced Septic Services for this service, Staff
utilized the Small Works procurement process as set out in state law and in the City's Procurement
Policies Resolution No. 036-22, as amended. On July 19, 2022, pursuant to the RCW 39.04.155, the
City's Public Works Department established a list of qualified contractors from the MRSC 2022 Small
Works Roster for the Main Category — Septic System and Sub -Category — Septic Tank
Cleaning/Pumping.
On July 20, 2022, the City's Public Works Department issued an email Invitation to Bid (ITB) to all the
contractors on the roster. By the 1:00pm August 3, 2022, due date the City received one (1) proposal
from A -Advanced Septic Services, Inc., of $691.41 per septic tank (applicable tax included), for 51
Septic tanks. A -Advanced Septic Services, Inc. was deemed the presumed responsive and qualified low
bidder. Final bid amounts are as follows:
Name of Contractor Bid Total
A -Advanced Septic Services, Inc. $35,261.91
On August 3, 2022, the City's Public Works Department completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the A -Advanced Septic Services, Inc. bid of $35,261.91
(applicable tax included) was the lowest qualified bid. The Public Works Department has confirmed
that the bidding procedures for Public Works have been followed.
Recommendation: Staff recommends that the City Council adopt Resolution No. 055-22, authorizing
the Mayor to execute Contract No. C096-22 with A -Advanced Septic Services, Inc. for the 2022
McCormick Woods Annual Septic Tank Cleaning in the amount of $35,261.91
Relationship to Comprehensive Plan: Chapter 8.- Utilities
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Staff Report 7D
Page 2of2
Motion for Consideration: I move to adopt Resolution No. 055-22, authorizing the Mayor to execute
Contract No. C096-22 with A -Advanced Septic Services, Inc. for the 2022 McCormick Woods Annual
Septic Tank Cleaning in the amount of $35,261.91.
Fiscal Impact: There is funding available in the 2021-2022 Budget. However, a budget amendment
may be needed due to the number of tanks due for pumping this year.
Alternatives: Do not authorize and provide alternative guidance.
Attachments: Resolution No. 055-22
Contract No.0096-22
Exhibit A Scope & Fee
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RESOLUTION NO. 055-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
CONTRACT NO. C096-22 WITH A -ADVANCED SEPTIC SERVICES, INC FOR THE
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING PROJECT AND
DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT
PROCEDURES.
WHEREAS, the City annually pumps residential septic tanks in McCormick Woods, and
Public Works Staff identified 51 septic tanks that are due for pumping as part of the 2022
McCormick Woods Annual Septic Tank Cleaning (the "Project"); and
WHEREAS, as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard) for the 2022 MRSC Small Public
Works Roster; and
WHEREAS, on July 19, 2022, pursuant to RCW 39.04.155, the City's Public Works
Department established a roster of qualified contractors from the MRSC 2022 Small Works
Roster for the Main Category — Septic System and Sub -Category — Septic Tank
Cleaning/Pumping; and
WHEREAS, on July 20, 2022, and pursuant to the City's Procurement Procedures
adopted at Resolution No. 036-22, as amended, at Section 5.0 Bid Procedures, the City's Public
Works Department issued an email Invitation to Bid (ITB) for the Project to all the contractors
from the selected Roster; and
WHEREAS, by the 1:00pm, August 3, 2022, due date the City received one (1) bid from
A -Advanced Septic Services, Inc. of $691.41 per septic tank, for a total cost of $35,261.91
(applicable tax included); and
WHEREAS, on August 3, 2022, the City's Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist on A -Advanced Septic Services, Inc.; and
WHEREAS, after reviewing the proposal and verifying the contractor's information,
Public Works Staff determined A -Advanced Septic Services, Inc. met the requirements and
criteria as described in the ITB and was the lowest, qualified bidder for the 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:
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Resolution No. 055-22
Page 2of2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C096-22 with A -Advanced Septic Services, Inc, Inc. for the 2022 McCormick Woods
Annual Septic Tank Cleaning.
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 131" day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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CITY OF PORT ORCHARD SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. C096-22
PUBLIC WORKS PROJECT NO. PW2022-017
THIS Agreement is made effective as of the 131h day of September, 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
and
A -Advanced Septic Services, Inc
corporation located at:
1602 West Valley Hwy S
Auburn, WA 98001
("CONTRACTOR"), a Washington
Contact: Jacquelyn Yusko Phone: 253.435.9999 Email: iacguelyn@Aadvancedservices.com
for the following Project:
2022 McCormick Woods Annual Septic Tank Cleaning ("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;
City ojPort Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
S►nall Works Contract No. C096-22
U:\9 Sewer Utility\F_Repair&Maint=nccWcComick woods septic tanks\2022\Pumping\C096-22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLI'mid.doca
Page 1 of 34
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f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g;
i. 2019 Public Works Engineering Standards;
j. Appendix A: Non -Discrimination Statutes and Authorities.
k. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-j.
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 September 14, 2022. The Contractor shall substantially complete the Work not
later than November 15, 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 $35,261.91 (51 Septic tanks at $691.41 per tank, all inclusive)
(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.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rcv. IBDR 4-2022
Small Works Contract No. C096-22
U:\9Smc, Utility\F_Repair&Maimcnancc\McCotmick woods septic Unks\2022\Pumping\C096-22 Contmi\C096-22 McCormick Woods Annttal Septic Tank Clcaning-TLfrmtd.docz
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S. 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.
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.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr Ulilily\F_Repair&Mainicnance\McCormick woods septic tanks\2022Tumping\C096-22 Contract\C096-22 McCormick Woods Annual Seplic Tank Cleaning-TLfrmld.docx
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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.
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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
Small Works Contract No. C096-22
U:19_Sewer Utility\F Repair&Maintenance\MeCormiek woods scptic tanks\2022\Pumping\C096-22 Contract\C096-22 McConnick Woods Annual Septic Tank Cleaning-TLkmtd.docs
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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,
i�cluding replacing vegetation that fails to thrive. In the event any parts are repaired or
replaced, only original replacement parts shall be used —rebuilt or used parts will not be
acceptable. When defects are corrected, the warranty for that portion of the work shall extend
for one (1) additional year from the date such correction is completed and accepted by the
City. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the
correction.
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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev, IBDR 4-2022
Small Works Contract No. C096-22
1J:\9_Scw Ulilily\F_Rcpair&Maintcnancc\McCormick woods septic lanks\2022\Pomping\C096.22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLI'mid.docn
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waiver or relinquishment of those covenants, agreements or options, and the same shall
be and remain in full force and effect.
b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference or claim arising from the parties' performance of
this Agreement, the exclusive means of resolving that dispute, difference or claim, shall
only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap
County Superior Court, Kitsap County, Washington, unless the parties agree in writing to
an alternative dispute resolution process. In any claim or lawsuit for damages arising from
the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however,
nothing in this paragraph shall be construed to limit the City's right to indemnification
under Section XII of this Agreement.
c) Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
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.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
S►nall Works Contract No. C096-22
U:\9_Sewcr Utility Repair&MainienanceUleCormick woods septic tanks\2022\Pumping\W96-22 Conlracl\096-22 McCormick Woods Annual Septic Tank Cleaning-TUnnid.docx
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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
ATTEST/AUTH ENTICATE:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
CONTRACTOR
A -Advanced Septic Services, Inc.
By:
Its: flo:�sh a. Vie ent
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewer UtiliiyW Repair&MaintenanceNcComsick woods septic tanksU022\Pumping\CO96-22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TUmid.d—
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Joerg A._Gunia (Corporate Officer (Not Controct Signer))
certify that I am the President (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
Joshua B. Gunia , (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then vice President (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 pf its corporate powers.
Corpo
Corp. officer signature knot contract signer)
Joer A. Gunia
Prin d
Pr sident
Title
State of Washinp-ton _ )
ss
County of icing )
Joerg A. Gunia , (corporate officer (not contract signer)) being duly
sworn, deposes and says that he/she is President (Corporate Title) of
A -Advanced Septic Services, Inc. (Name of Corporation)
Subscribed and sworn to before me this 22nd day of August , 2p 22
ko
ota Public (Signatu
,,,%'10;ELY1;t�/-�,,
��P�• �eVoM3Nr'•rGs�'�.
. Qo Vol- so,
O�
�] ACd a Gy�1 �LIS I�b
NotAP?Vi°
Notary Public (Print)
_
• ���
My commission expiresA.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
Small Works Contract No. C096-22
V:19_Sewer Ulility�F_Repair&Mainimance',McCormick woods septic tanksr2022Tumping\C1"6- 2 ContractlC096.22 McCormick Woods Annual Septic Tank Cleaning-TUmtd,dacx
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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
thje 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
kW 39.06.010 or 39.12.065(3).
4.I 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
classifications) 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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9-Scwcr UtilitykF Rcpair@Maintenancc\McConnick woods scptic tank5\2022\P=ping\C096.22 Contract\096-22 McCormick Woods Annual Scptic Tank Cleaning-TUmtd.docx
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requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5 PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with
C�apters 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://fortress.wa.gov/ini/wagelookup/prvWagelookup.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 1TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item.
Itshall 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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:V_Sewef UtiliW_Repair&Maintcnan«1McCo mick woods septic mnks\2022Tumping\C096-22 ContmctNC09G22 McCorraick Woods Annual Septic Tank C1=ing-TLfrrn1d.doc:
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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.
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
li ted 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
tine 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
I
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,'I items 1 through 5 below.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-OI7 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U.V Sawcr Utility Repair&Mainlcna=\McCormick woods scptic tanks\20221Pumpiag\C996-22 Contmc11C096-22 McCormick Woods Annual Scptic Tank Cleaning-TLf mtd.docz
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the
following information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall have access to
any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the City
d;termines 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
Citty 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
i
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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9 Sn Utilitff_Repair&Mainteru we\McCormick woods septic tw*sU022T=pingNC096-22 Conuw"96.22 McCormick Woods Annual Septic Tsak Cleaning-TU mtd.dom
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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
al�l 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),
o� 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
0 rpayment 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.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 113DR 4-2022
Small Works Contract No. C096-22
UA9_Sewcr Utility\F_Repair&Mnintc z=\McCornick woods septic tanks\2022Vk=ping\C096.22 Conuw\C'096-22 McCormick Woods Annual Scptic Tank Clcaning-TLfrmtd.do
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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.
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;
p iovided, 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.
I
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 1BDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwa UtilirylF_Rcpair&Maiatasaacc\McCormick woods scptic taaks\2022\Rtmping\C09622 Conuw\C096.22 McCormick Woods Amual Scptic Tank Clcaning-TLfmld.docx
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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
prrovided by such insurance, or otherwise limit the City's recourse to any remedy available at law
of in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described
below:
• Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, stop gap liability, independent
contractors, products -completed operations, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance
shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
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 performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations
endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage.
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
City of Port Orchard and A Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewcr UtilitylF_Rcpair$Maintenanc \McCormick woods scptic t=ks\2022\Pumping1C096-22 Contmct%V9&22 McCormick Woods Annual Seplic Teak Cleaning-TUnrad.docx
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temporary buildings, and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by
the City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the
Contractor. The Builders Risk insurance shall be maintained until final acceptance of the
work by the City.
• 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
tits than the minimums shown above, the Public Entity shall be insured for the full available
its 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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U;�_Sewcr UtilityT_Repair@Maintwnec\McCortnick woods septic tanks12022UPumping1C096-22 CmnW\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLfrmtd.docx
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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:
• 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.
I
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor's
in surance 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 AMIL
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
irjsured 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
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr UtiliW_Repair&MaintcnucdMcCormick woods septic Lw*s\2022\P=ping\0096-22 Contr=\CO96-22 McCormick Woods Annual Septic Tank Cleaning-TU=tddo
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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 General liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01
for completed operations.
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
l al 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 A -Advanced Septic Services. Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:%9 Sew" Utilityf_Acpair&Muintrn cc\McCormick woods scptic tanks\20221Pomping\C096-22 ContmaT096-22 McCormick Woods Annual Scptic Tank Clcacinc-nfrmtd.docx
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010)
,Note 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. MAINTENANCE/WARRANTY BOND IS
WAIVED.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
Z. The Contractor elects to (select one):
x (1) Furnish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
(2) Have the City retain, in lieu of the performance and payment bonds, ten
percent (10%) of the total contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any liens filed under chapter
60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract,
and shall faithfully perform all the provisions of such Contract and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of the Contract that may hereafter be made, at
the time and in the manner therein specified, and shall pay all laborers, mechanics,
subcontractors, and materialmen, and all persons who shall supply such person or
persons, or subcontractors, with provisions and supplies for the carrying on of such work,
on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard,
Washington, its. officers and agents from any claim for such payment, then the funds
retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Cont fulfills the said
obligations.
Contra r ' natu a 8/2z/z2
Bo No.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 113DR 4-2022
Small Works Contract No. C096-22
UA9_Smv Utility\F_Repair&Maintmancc\McCormick woods septic tankst20221pumping\C096.22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TUfr Id.doex
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
CONTRACT NO. C096-22
Bond to City of Port Orchard, Washington
Bond No. LICX1210357
We, A Advanced Excavation Services, Inc. , and Lexon Insurance Company ,
(Principal) (Surety)
a! Texas 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 Thirty Five Thousand Two Hundred Sixty One and 91/100 Dollars
($ 35,261.91 ), 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 September 13 , 2022_, between Principal and Owner for a project entitled 2022
McCormick Woods Annual Septic Tank Cleaning Contract No. C096-22 ("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 A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewer Ulilitff_gcpair&Maintmzi=\McCormick woods septic tad:s\2022\Pumping10096.22 Contra\0096-22 McCormick Woods Annual Septic Tads Clcaaing-TL6rmtddocx
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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 23rd day of August , 2022
A Advanced Septic Services, Inc Lexon Insurance Company
Principal Surety
Signatu of uth Official Signature of Au orized Official
By JO',6LLa
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
By Timothy S. Buhite
Attorney in Fact (Attach Power of Attorney)
Leavitt Group Northwest
PO Box 833
Auburn, WA 98071
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 A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9 Sewer Utility\F_Repair&Mainteaance\McCormick woods septic tanks120221Pumping1 096-22 Coafmct=96.22 McCormick Woods Annual Septic Tank Clcaning3'L&mtd dock
Page 29 of 34
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STATE OF
COUNTY OF
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
Washington
King )
)ss.
On this 22nd day of August , 20 22 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared Joshua B. Gunia , to me known to be the (check one of the following
boxes):
x❑ Vice President Of A -Advanced Septic Services. Inc. , the
corporation,
❑ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said ❑fx
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that ®x he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
\\\" x3ELYly �.IIF*Zi
Nora,q ao
' pLgLlIC
'. #.•
Notary Sent with Ink Stamp
Dated: August 22, 2022
dJ7aauelvyn&
L. Yusko
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires: April 30, 2023
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 113DR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr lhslitff Rcpair&Maintcnan \WComrick wtw& xptic tanksV022Turnping\C096-22 Conuan1C09(M McCurmick Won& Annual S ptic Tank Cleaning-TU-1d.docx
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SURETY ACKNOWLEDGEMENT
STATE OF Washington
)Ss.
COUNTY OF Snohomish
On this 23rd day of August , 2022.before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Timothy S. Buhite , to me known to be the Attorney -in -Fact
of Lexon Insurance Company , 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 ['X 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
Elated: Auaust 23. 2022
Phyllis Shelton
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
at: Bothell
My %a �C ari�on expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9_SewerUtilityW_Pzpeir&Mamteoauc*%WCarmiA woods septic teak3U0225PumpiaglC096-22 CwvacAC096-22 McCormick Woods Annul Sep= Tank Cleaning-TLfr=d.docz
Page 23 of 34
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Lam, SOMPO INTERNATIONAL
I INSURANCE
POWER OF ATTORNEY
3677
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and
collectively, "Sompo International,"do hereby constituteand appoint: Timothy S. Buhite, Deborah Cook as trueand lawful Attorney(s)-In-Fact to make, execute, seal, and
deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provideq however, that no single bond or undertaking so made, executed
and delivered shall obligate the Company forany portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars (y100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Corn pany by unanimous written consent effective the 151h
day of June, 2019, a copy of which appears below under the heading entitled "Certificate"
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seat to be affixed this 15rh day of
June, 2019.
Endurancee}AssAJi urance Corporato
By. �L+T�{ W)
Richard Appel; w)/Ft,g Senior Counsel
PsswanCs
`'s PEAL ca
°v•. 2002 m;
° Vj•, DELAWARE; S
tl
Endurance American
By. In u'a c'pa�
Richard Appel SVPn&4.eniorCounsel
cep c8n lr}s
q,10 -89", rtg f,d�r+
SRAL
j . DELAWARE ' 3
• `p4�^ ` ma'f
AC K N OW
LEE)
Lexon In su rance Comp any Bond Safeguard
4AppeIjAVP--&,,%enio
c pa
By- By: �{
Ric and Appel; 5enr�okonsel Ric and
aguRNMC-CO np ----I •ryo
1211 00�''oR,?A ' 4U•, SOUTH ,�1,
J 5 E A L A DAKOTA 6
p; INSURANCE
v o°tr g Tb, COMPANY .' d
GEMENT
On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/tgej,iSr'� I?pVjcerof each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his offic n4thZbys of each Company' �Y.•-.•tomSLAM
Amy aylmmiss%n Expires 5191231.'
CERTIFICATE
I, theundersigned Officerof each Company, DO HEREBY CERTIFY that:
1. That the original powerof attomey of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2- The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf ofthe Company any and all bonds,
undertakings or obligations in surety or co-suretywith others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L- WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing-arid-detrvwing bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whale !hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Au ust 2o22
By
Daniel S. rie, retary
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
No coverage is provided by this Notice nor can it be construed to reliaceany provisions ofany suety bondor other surety coverage provided. This Notice provides information concernrg
possible Impaction your surety coverage due to, directives issuedby OFAC. PleaseTead this Noticecarefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and Isted
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Speciaily Designated Nationals and Blocked Persons% This list can be located
on the U nited States Treasurys website — ht_tps:l/www.treasury.aovlresource-aenterlsanctionslSDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claming the benefits of any coverage has vidated U.S- sanctions law or is a Speaay
Designated National and Booked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and al provisions of any coverage provided a re immed iately
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds maybe made withal
authorization from OFAC. Other limlafions on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClalmAdmin istralion soon o-irrtl.com
Telephone: 615-553-9500 Mailing Address: Som International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
Page 231 of 354
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
CONTRACT NO. C096-22
Bond to City of Port Orchard, Washington
Bond No. LICX1210357
We, A Advanced Excavation Services, Inc. and Lexon Insurance Company
(Principal) (Surety)
a Texas 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
slum of Thirty Five Thousand Two Hundred Sixty One and 91/100 Dollars
($ 35,261.91 ), 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 September 13 , 2022 , between Principal and Owner for a project entitled 2022
McCormick Woods Annual Septic Tank Cleaning Contract No. C096-22 ("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 A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract A'o. C096-22
U:19 sewer Utility\F_Repair&Maintenancc\.McComick woods septic ranks\2022\Pumping1C096-22 CoruracIT096-22 McCormick Woods Annual Sepric Tank Cleaning-TH mtd.docx
Page 20 of 34
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• 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 23rd day of August , 20 22 .
A Advanced Septic Sery
Principal /
Signatu f"uthori official
20
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Lexon Insurance Corn
Surety
Signature re of A6thorized Official
By Timothy S. Buhite
Attorney in Fact (Attach Power of Attorney)
Leavitt Group Northwest
PO Box 833
Auburn, WA 98071
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.
C'it-v of f ort Orchard tend .,k]dranced Septic Services. Inc
Public Ii`orks Project No. PIV2022-017 Rev if3DRd-2022
Srnull Works Contract N'o. ('096-22
l: ,`t Sewer UnH,%F Rnpni A-M. intenance M,C, rn k wonds 5eptie tanks4022V'umping�C096.22 Contmo'C096 22 %IcCotmiek Wwds Annual Septic Tank Cleaning-M mtd.ducx
Page 21 of 34
Page 233 of 354
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
Washington
STATE OF 4age Intentionally left blank
)ss.
COUNTY OF King
On this 22nd day of August , 20 22 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared Joshua B. Gunia , to me known to be the (check one of the following
boxes):
x❑ Vice President Of A -Advanced Seotic Services. Inc. , the
corporation,
❑ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said fl
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that ®x he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
.\\" %JELYtV�.•r���i
�4,�o�s>�M� T •X.P
NOrg9O
AVBL I
Nolary Seal with Ink Stamp
Dated: August 22, 2022
J w
C7Jaquelyn L. Yusko
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at: Auburn
My Commission expires: April 30, 2023
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. MDR 4-2022
Small Works Contract No. C096-22
U:W_TSmcr UdlirylF_Rcpair&Maimcn m\MXC nick wmAs septic tmksV022Tumping5C096-22 ConvacACO%n22 McCormick WoWs Annual Scplic Tank Clr ing-Tl.frmtd.dax
Page 22 of 34
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SURETY ACKNOWLEDGEMENT
STATE OF Washington )
)ss.
COUNTY OF Snohomish }
On this 23rd day of August , 20 22 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Timothy S. Buhite to me known to be the Attorney -in -Fact
of Lexon Insurance Company 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 ❑X he
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
sws
�00N°tn EArl py
••`� NOTARyo„ :
� w4mii •
OUBLI C�,,p
Notarp Scal with Ink Stamp
Dated: August 23, 2022
Phyllis 5llelton
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
at: Bothell
My C mission expires:
Cily gJ'Port Orchard and A-.4dt•auceelSeplic Services, Inc
Public Works Projecl Ao. Pff'2022-017 Rev. IBDR 4-2022
Small Works: Conlrcael ri'o. C096-22
[ Fi9_Scue¢ Cnlirylf ILepairRcllaintenance',YlcCormlck tanks12022U wrping1C096-22 Cont,.d,(7096-22 McCormick Woes Annual Septic Tank ClcaningJU,.td_d—
Page 23 of 34
Page 235 of 354
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SOMPO INTERNATIONAL
," INSURANCE
POWER OF ATTORNEY
3677
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
corporation, Lexon Insurance Company, a Texas corporation, andlor Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and
collectively, "Sompo International,"do hereby constitute and appoint: Timothy S. Buhite, Deborah Cook as true and lawful Attorney(s)-In-Fact to make, execute, seal, and
deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed
and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars (S100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shalt be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 151"
day of June, 2019, a copy orwhich appears below under the heading entitled "Certificate'.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 15" day of June, 2019 and said resolution has not since been revoked amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney orany certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the futurewith respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15' day of
June, 2019.
Endurance Assurance Corporatio
By:16�j rM at4)
Richard Appel; *YA&Aenior Counsel
uran
lb
=`�4 vs PEAT,
iv. 2002 m =
s Jj•, DELAWARE;
4 .1 .r° 44
Endu rance American
In ura cqp a;,I,
J
Richard Appel;,SV04 4enior Counsel
i��0 fns4'
' p o �
r T"C, Rare' % n
t SEAL n'
o: 1996 :3
ry , DELAWARE; U
ACKNOW
LED
Lexon Insurance Company Bond Safeguard
nsurance �orppa
4,
By: ByJ-="
rA/1.r[3fY,f I Jy1/ lij
Ric and Appel; Son unsel RippeI�AV-P-8,)§enio
0. {
L}r 6a :. x SOUTH
SEAOAKOTA
L*
�a�, wstrRANCE
COMPANY;
GEMENT r� or -%w '"°,a„m,niunm+n'd�`"
On this 15" day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that heltf e 'L Wfgoffjaerof each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his offic n4thbysofeachCompany,By. Amy Tayl5191'23-`
CERTIFICATE
I, the undersigned Officerof each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attomey, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deiiver for and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -surety with others: RICHARD M.APPEL, BRIANJ. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS.
CHRISTOPHER L-SPARRO, MARIANNEL. WILBERT
; and be it further --
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sbalirq aad dalivnring bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3_ The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the w,'cie thereof. -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Au usl 2022
By:
Daniel S. tie, retary
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFF
No coverage is provided by this Notice nor can it be construed to repace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning
possible impacton your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and bled
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located
on the United States Teeas urys website — https:lfww.v.treasury aovl resource-eenterls arntionslSDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claming the benefits of any coverage has violated U.S. sanctions law or is a Specially
Designated National and locked Person, as identified by OFAC, any coverage wit be considered ablockedor frozen contract and all provisons of arty coverage provided areimmediatdy
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or Frozen contract, no payments nor prenium refunds may be made without
authorization from OFAC. Other limtations on the preniums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdmini stratiortC�somp jrAtcom
Telephone: 615-E63-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870
Page 236 of 354
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WAIVED
(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.)
E:
PROJECT #, PERMIT #, XXXX-XX
CONTRACT #
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
Project Name: XXXXX)OOM
Owner/Developer/Contractor
Project Address: XXXXXXX XX
XXXX-XX
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;
ad
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
P�incipal 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:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:Ik9 Scwa Utility\F_Rcpair$Maintm=n %McComick woods scoc tanh\20221Pumping\C096-71 ContrWW09622 McCormick Woods Annual Scptic Tank Clcaning-nfrtntd.docx
Page 24 of 34
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A. The work or improvements installed by the Principal and subject to the terms and conditions
of this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -
referenced project shall remain free from defects in material, workmanship and installation (or, in
the case of landscaping, shall survive,) for a period of twenty-four (24) months afterwritten 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:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time
schedule acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary,
as determined by the City, for the City to remedy the default, up to the total
bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety
shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill
its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify
the Surety of the actual cost of the remedy, upon completion of the remedy. The
City shall return, without interest, any overpayment made by the Surety, and the
Surety shall payto the City any actual costs which exceeded the City estimate, limited
to the bond amount.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwa Urility\F_Rcpair@Mnin mwwclMcComick woods septic tanksV02.2\P=zping\C096-22 ContraaK'09&22 McCormick Woods Amual Septic Teak Clcmins-TLfrmtk docn
Page 25 of 34
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2. In the event the Principal fails to make repairs or provide maintenance within the
time period requested bythe City, then the City, its employees and agents shall have
the right at the City's sole election to enter onto said property described above for
the purpose of repairing or maintaining the improvements. This provision shall not
be construed as creating an obligation on the part of the City or its representatives
to repair or maintain such improvements.
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.
GI. 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_.
S I RETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By:
Its
Its
Business Name: Business Name:
Business Address: Business Address:
Cii of Port Orchard and A -Advanced Septic Services, Inc
P blic Works Project No, PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9 Sews Utility\F_Repair&Maintcnu=\McComick woods septic tamks\20221Pamping\C096-22 Coatraa\C096-22 McCormick Woods Artncal Septic Tank Cleaning-TUmtd.dce:
Page 26 of 34
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City/State/Zip Code:
Telephone Number:
CITY OF PORT ORCHARD
Its Public Works Director/City Engineer
FORM P-1 / NOTARY BLOCK
City/State/Zip Code:
Telephone Number:
Date:
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
(Use For Individual/Sole Proprietor Only)
ATE OF WASHINGTON )
ss.
)UNTY OF KITSAP )
certify that I know or have satisfactory evidence that
is the person
appeared before me, and said person acknowledged that (he/she) signed this instrument, and
owledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
iment.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:V_Scwer U61itykF_Rcpair&Maintcnuwc\McComick woods septic tanks\2022URunping\0096-22 ConuWW096-22 McComick Woods Amm] Septic Tank Cleaning-TLfmtd.docx
Page 27 of 34
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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 ad for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:W_Scw UtiliW_Rcpair&MaimenancdMdormick woods septic mnla\2022UknVing\C096-22 ContraaNC096-22 McCormick Woods A mwl Scpiic Tank Clcaning-TLfrmtd.docz
Page 28 of 34
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(Surety Company)
STATE OF WASHINGTON )
ss.
OUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
Of that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:kScw= UtiliW_Rc*,&Maintcn .e McCormick wards scptic tan1aWMT unpictg\C09b22 Conbw\C096-22 McCorntick Woods Atmual Septic Tack Cleaning-TLfimtddocs
Page 29 of 34
Page 242 of 354
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APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors
i% 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);
0 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);
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:W'Sewer Utility\F_Repau&Mainuna WcCosmick woods septic mnb\20221PvnViag1C04/ 22 ConV WW0%-22 Mdwmick Woods A==1 Scptic Tank Cleaning-M mtd.doca
Page 30 of 34
Page 243 of 354
Back to Agenda
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 A -Advanced Septic Services. Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9 Sewer Utility\F_Rgmir&Mainwnaaa\McConnick woods scoc L=W0227—ping\CO96-22 Conuw\C O%-22 McCormick Woods A=mml Scptic Tank Cleaning-TLfrtntddoc:
Page 31 of 34
Page 244 of 354
Back to Agenda
EXHIBIT A
0-71 Advanced
SEPTIC & CONSTRUCTION
Services
l�ugust 31d, 2022
City of Port Orchard
�16 Prospect St
Port Orchard, WA 98366
1
RE: ITB — 2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
A Advanced Septic and Construction is prepared to offer the services request at the rate of ($691.41)
Six -Hundred and ninety one dollars and forty one cents, per septic tank (tax and all reporting fees
included). This bid reflect the current increase in prevailing wage.
01ur references are on file attached to our previous awarded contract with the City of Port Orchard.
Respectfully,
Jonny Morisset
Sales Director
1602 West Valley Hwy S * Auburn, WA 98001
253-435-9999 * proposals@aadvancedservices.com
Website: aadvancedservices.com
License # * ADVANSS936PA
Page 32 of 34
Page 245 of 354
Back to Agenda
INVITATION TO BID
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK PUMPING
PUBLIC WORKS PROJECT NO. PW2022-017
July 20, 2022
Notice is hereby given that bids will be received for the 2022 McCormick Woods Annual Septic Tank
Pumping for the City of Port Orchard. Interested parties should submit their proposals to:
City of Port Orchard Public Works Department
216 Prospect Street
Port Orchard, WA 98366
Email: publicworks@cityofportorchard.us
RE: ITB — 2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
Proposals will be received until 1:00 PM on August 3, 2022.
No proposals will be accepted after the above -stated time
Pj'oject Details
Site(s): Various locations throughout the McCormick Woods neighborhood.
Scope of Work: Pumping of fifty-one (51) single-family residence septic tanks (approx.
1200gal/each).
This project consists of work to be performed within 45 working days from the contract date and consists
of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore.
The following applies to the proposal:
• Once the contract is awarded, the City will provide an address list of the homes due to
be pumped.
• The company will schedule the septic tank pumping in such a manner to have the list of
tanks serviced by November 15, 2022.
• The City will send each residence on the pumping list a letter advising the occupant that
the company will service their septic tank in 2022.
• The company will pump all septic tank chambers to the bottom. Some residences do
not have lid access to the secondary chamber, in such instances the contractor is not
responsible for pumping the secondary chamber. In addition, the pump chamber shall
be pumped and washed down. The contractor is responsible for hauling all sewage to a
sanitary sewer treatment plant, which has the capability to process the wastewater.
• The contractor's truck will be positioned in the road and shall not drive or park on the
private driveway.
ITB-2022 McCormick Woods Annual Septic Tank Pumping Project No PW2022-017, Contract No. C096-22
Page 33 of 34
Page 246 of 354
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• The City will pay a flat rate (tax included) for each septic tank pumped, as per the
contract. The rate per tank will be inclusive of taxes, labor, equipment, materials, and
fee costs. Bid proposal shall be submitted on bidding company's letterhead.
GENERAL TERMS AND CONDITIONS
I
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (M).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in the
State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW
39.12.020.
The project site is located in Kitsap County.
The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor's bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the contract is
executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The prime contractor bid due date is August 3,2022.
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration
of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified
and that the applicable wage and benefit rates are taken into consideration when preparing their
proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a "Statement of
Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages
accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: "I certify
that wages paid under this contract are equal to or greater than the applicable wage rates set
forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the
State of Washington Department of Labor and Industries."
ITS-2022 McCormick Woods Annual Septic Tank Pumping Project No PW2022-017, Contract No. C096-22
Page 34 of 34
Page 247 of 354
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7E
Agenda Staff Report
Subject: Adoption of a Resolution Approving
Mayoral Appointments to the Lodging
Tax Advisory Committee
Back to Agenda
Meeting Date: September 13, 2022
Prepared by: Brandy Wallace, MMC
City Clerk
Atty Routing No.:
Atty Review Date
N/A
N/A
Summary: Pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the
membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by
recommendation of the Mayor. The Mayor is recommending a representative from the following
organizations/businesses to serve on the LTAC, upon Council's acceptance:
A business required to collect the tax:
• Red Lion Inn & Suites; and
• Mrs. Howes Bed and Breakfast.
An organization involved in activities:
• Saints Car Club; and
• Port Orchard Chamber of Commerce.
On January 25, 2022, Council adopted Resolution 016-22, appointing Councilmember Cucciardi as the Chair
of the committee.
Relationship to Comprehensive Plan: N/A.
Recommendation: Staff recommends confirming the Mayor's recommended appointments of members, and
the Chair, as presented.
Motion for consideration: I move to adopt a resolution confirming the Mayor's appointment of a
representative from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast, as businesses required to
collect the tax and Saints Car Club and Port Orchard Chamber of Commerce as organizations involved in
activities, to serve on the Lodging Tax Advisory Committee; and to confirm the appointment of
Councilmember Cucciardi as Chair of the committee.
Fiscal Impact: None.
Alternatives: Deny the Mayor's recommendation and provide further direction.
Attachments: Resolution and committee history.
Page 248 of 354
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING
MAYORAL APPOINTMENTS AND CHAIR TO THE LODGING TAX ADVISORY
COMMITTEE.
WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of
the Lodging Tax Advisory Committee annually and to make changes as appropriate; and
WHERAS, the Mayor has reviewed the committee membership and recommends
representatives from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as
businesses required to collect the tax; and Saints Car Club and Port Orchard Chamber of
Commerce as organizations involved in activities, and
WHEREAS, pursuant to Resolution No. 016-22, the City Council confirmed
Councilmember Cucciardi to be the chair of the Lodging Tax Committee; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council of the City of Port Orchard confirms the Mayor's
recommendations for representatives from Red Lion Inn & Suites and Mrs.
Howes Bed and Breakfast as businesses required to collect the tax, and Saints
Car Club and Port Orchard Chamber of Commerce as organizations involved in
activities, to serve on the Lodging Tax Advisory Committee.
THAT: Councilmember Cucciardi is confirmed as the Chair of the committee.
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 131" day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 249 of 354
Back to Agenda
City of Port Orchard
Lodging Tax Advisory Committee Board Members
Group
2022-2023
2021-2022
2020-2021
2019-2020
2018-2019
2017-2018
2016-2017
2015-2016
2014-2015
Chair
Cucciardi
Rosa e e
Rosa e e
Rosa e e
Rosa e e
Chang
Chang
Chang
Chan
KPVCB Visit Kitsap
Beth Javens
Port Orchard Chamber
Matt Murphy
Matt Murphy
Matt Murphy
Desiree Steffens
Fathoms O'Fun
Sharron King
Jessie Turner
Jessie Turner
Jessie Turner
Sidney Art Museum
Chris Stansbury
Bay St Assn POBSA
Coreen Ha dock
Bobbie Stewart
Bobbi Stewart
Bobbi Stewart
Saints Car Club
Keith Wo shnis
Keith Wo shnis
Frank Graziam
Port of Bremerton
KathyGarcia
KathyGarcia
Jingle Bell Run
Sheila Cline
Holiday Inn Comfort Inn
Chan Park
Chan Park
Chan Park
Chan Park
Days Inn
Marissa Siens
Marissa Siens
Jack Edwards
Jack Edwards
Stephen Saffell
Vista Motel
Cedar Cove B&B
KathyMichael
KathyMichael
KathyMichael
KathyMichael
Mrs. Howe's B&B
Lorraine Olsen
Lorraine Olsen
Lorraine Olsen
Lorrain Olsen
Lorraine Olsen
Lorraine Olsen
Lorraine Olsen
Page 250 of 354
Back to Agenda
;W 4
a
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7F
Adoption of a Resolution Approving the
Purchase of an Evidence Storage
Refrigeration Unit for The Police
Department
Meeting Date
Prepared by
Atty Routing No.
Atty Review Date
September 13, 2022
Matt Brown
Chief of Police
366922-0012
September 8, 2022
Summary: In 2022, the City's Police Department identified the need to update its evidence storage
refrigeration unit with current technology. Staff researched options and eventually selected the evidence
storage refrigeration unit room manufactured by Helmer Scientific that best met the technical requirements
of the City.
Consistent with local and state law, as well as the City's procurement policies, staff conducted an informal
bidding process. The City received phone quotes from K2 Scientific on June 301", 2022, Helmer Scientific on
August 111, 2022, and LABRepCo on August 101", 2022. The storage refrigeration unit from Helmer Scientific
best met the City's technical requirements. The provided quote for the purchase was $9,386.78 (including
applicable tax). Staff completed the necessary procurement documents for the informal bidding process.
The proposed purchase can be absorbed by the current 2021-2022 Police Department budget authority.
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of an
evidence storage refrigeration unit from Helmer Scientific for a total purchase price of $9,386.78 (applicable
tax included).
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution authorizing the purchase of an evidence storage
refrigeration unit from Helmer Scientific for a total purchase price of $9,386.78 (applicable tax included).
Fiscal Impact: Funding will be financed through the current 2021-2022 Police Department budget authority.
Alternatives: Not authorize the Resolution and provide further guidance.
Attachments: Resolution
Vendor Quote
Request for Telephone Quote
Page 251 of 354
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE PURCHASE OF AN EVIDENCE STORAGE REFRIGERATION UNIT AND
DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, in 2022, the Police Department identified the need to update its evidence
storage refrigeration unit with current technology, staff researched and selected the evidence
storage refrigeration unit meeting the operational and logistical requirements of the City; and
WHEREAS, consistent with local and state law, as well as the City's procurement
policies, staff conducted an informal bidding process; and
WHEREAS, on August 12th, 2022, Police Department staff reviewed the selected vendors
for evidence storage refrigeration units and identified Helmer Scientific as the vendor providing
the evidence storage refrigeration unit that best met the City's technical requirements; and
WHEREAS, on August 1st, 2022, Police Department staff requested a quote from Helmer
Scientific, and on August 1st, 2022, Helmer Scientific, provided a quote of $9,386.78 (including
applicable tax); and
WHEREAS, on August 12th, 2022, the City's Police Department completed the necessary
procurement documents for the informal bidding process; and
WHEREAS, funding for the proposed purchase will be financed from the current 2021-
2022 Police Department budget; and,
WHEREAS, the City Council has approved procurement policies which require City
Council authorization for purchasing items costing $7,500 or more that are not consistent with
the adopted budget; and
WHEREAS, a quote from Helmer Scientific is attached as Exhibit A is for the purchase of
an evidence storage refrigerator unit in an amount that does exceed the $7,500 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 252 of 354
Back to Agenda
Resolution No. _
Page 2 of 2
THAT: The City Council approves the purchase of the evidence storage refrigeration unit,
listed in the documents attached hereto in Exhibit A hereto and incorporated herein by
this reference. The Mayor or his designee is authorized to act 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 1311 day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 253 of 354
CITY OF PORT ORCHARD
Public Works Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (360) 876-4991 • Fax: (360) 876-4980
www.cityofportorchard.us
REQUEST FOR TELEPHONE QUOTE
Back to Agenda
Purchase Order Number:
Quote Required By: (Date)
(Time)
Name of Person Requesting:
Commodity:
Buyer:
Required Delivery Date:
Ship to Address:
City:
State:
Zip Code:
ITEM
NO.
QTY
UNIT
SPECIFICATIONS
1
1
1
25 cu ft Laboratory Refrigerator
BIDDER 1
BIDDER 2
BIDDER 3
Company: Helmer Scientific
Company. K2 Scientific
Company: LABRepCo
Contact: Justin Flamion
State:
contact: Mackenzie Austin
stNC
contact: Patrick Leitzel
State:
Telephone Number: 317-773-9073
Telephone Number: 800-218-7613
Telephone Number: 800-521-07
4
Fax Number:
Fax Number:
Fax Number: 215-442-9202
Quote Date:8/1/22
Quote Date:6/30/22
Quote Date: 8/10/22
PRODUCT QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
iLr125-GX
$7566.90
K225GDR
$4135.50
LD2-25-HGSS
$5559.40
Total Price
$9386.78
Total Price
$5505.04
Total Price
$70
1.89
U:\1_Adminstration\E_Centralized Procurement\PROCUREMENT\Purchasing\Telephone Quote Form.doc
Page 254 of 354
Helmer.
S C I E N T I F I C
14400 Bergen Boulevard
Noblesville,IN 46060
Facility ID:
Port Orchard Police Department
546 Bay Street
Port Orchard WA 98366
Ship to:
QUOTATION
Toll Free: 800.743.5637
EMAIL or FAX orders to:
orders@helmerinc.com
317-773-9082
Back to Agenda
Creation Dale: a/i/cucc ic:co:3U r1A
Quote #:
QUO-180807-WOP4P9
Rev: 2
PLEASE REFER TO THIS QUOTE NUMBER ON
ALL CORRESPONDENCES AND ORDERS
YOUR REPRESENTATIVE:
Justin Flamion
1-317-764-5215
jflamion@helmerinc.com
Requestor: Holly Lindberry
hlindberry@cityofportorchard.us
3608761700
CONTRACT Health
Clinic
Terms: FOB: Shipping Charge:
NO Days Origin
Effective Date 1 2022-08-01
Expiration Date 1 2022-11-05
Ln
Part#
Model
Description / Details
CITY
Price Each
Total
No
/Extended
1
5112125-1
iLR125-GX
iLR125-GX i.Series° Laboratory Refrigerator, 25.2 cu ft (714
1
$7,566.90
$7,566.90
Liters)
2
890050-2
TrueBlue Delivery and Set Up
1
$1,229.66
$1,229.66
Sub Total:
$8,796.56
Shipping Method:
-
Tax:
$590.22
Taxes if applicable will be charged at time of invoice Total Amount:
If applicable, a 3% processing fee will be assessed on credit card orders over $5,000.00
Tax Exempt Certificate must be at time of order
$9,386.78
provided All prices are in USD
Freight charges are subject to change.
Notes:
Visit our website: www.helmerinc.com IS013485:2016 certified
Page 1 of 5
Helmer may request new customers and established customers to complete a new customer form in order to create or update current account information. This requirement will be contingent on
order amount and prior history with Helmer.
Page 255 of 354
Helmer.
S C I E N T I F I C
14400 Bergen Boulevard
Noblesville,IN 46060
Visit our website: www.helmerinc.com
QUOTATION
Toll Free: 800.743.5637
EMAIL or FAX orders to:
orders@helmerinc.com
317-773-9082
IS013485:2016 certified
Back to Agenda
Creation Dale: a/i/cucc ic:co:3U r1A
Quote #:
QUO-180807-WOP4P9
Rev: 2
PLEASE REFER TO THIS QUOTE NUMBER ON
ALL CORRESPONDENCES AND ORDERS
YOUR REPRESENTATIVE:
Justin Flamion
1-317-764-5215
jflamion@helmerinc.com
Page 2 of 5
Helmer may request new customers and established customers to complete a new customer form in order to create or update current account information. This requirement will be contingent on
order amount and prior history with Helmer.
Page 256 of 354
Helmer.
S C I E N T I F I C
14400 Bergen Boulevard
Noblesville,IN 46060
QUOTATION
Toll Free: 800.743.5637
EMAIL or FAX orders to:
orders@helmerinc.com
317-773-9082
Back to Agenda
Creation Dale: o/i/cucc Le;zo;au riA
Quote #:
QUO-180807-WOP4P9
Rev: 2
PLEASE REFER TO THIS QUOTE NUMBER ON
ALL CORRESPONDENCES AND ORDERS
YOUR REPRESENTATIVE:
Justin Flamion
1-317-764-5215
jflamion@helmerinc.com
This quotation is subject to Helmer Scientific's standard terms and conditions, please visit https://www.helmerinc.com/tertns/ eg neral.
SHIPPING: Standard cost is dock -to -dock delivery. Inside delivery (white glove) and lift gate is an additional cost and will be quoted
upon request.
ORDERING INSTRUCTIONS:
Purchase Orders: Email to ordersna_,helmerinc.com or Fax to (317) 773-9082. Please include the Helmer Quote Number on
your PO.
Credit Card Orders: Please contact Customer Service at: (800) 743-5637 (8-5 EST M-F) to provide information securely
over the phone.
Helmer may request new customers and established customers complete our credit application to create or update current credit files.
This requirement will be contingent on order amount and prior history with Helmer.
Domestic
Refrigerators
Beries and •••
LaborWarranties Compressor I Parts I
7 yrs. 2 yrs. 1 yr.
Horizon Series
5 yrs. 2 yrs. 1 yr.
-30° Freezers
5 yrs. 2 yrs. 1 yr.
3 yrs. 2 yrs. 1 yr.
Ultra Low Freezers
5 yrs. 2 yrs. 2 yrs.
Platelet Incubators
5 yrs. 2 yrs. 1 yr.
Platelet Agitators
2 yrs. Parts, 1 yr. Labor
Plasma Thawers
2 yrs. Parts, 1 yr Labor
Cell Washers
2 yrs. Parts, 1 yr. Labor
Centrifuges
5 yrs. Power Train, 2 yrs. Parts, 1 yr.
Labor
Visit our website: www.helmerinc.com IS013485:2016 certified
Page 3 of 5
Helmer may request new customers and established customers to complete a new customer form in order to create or update current account information. This requirement will be contingent on
order amount and prior history with Helmer.
Page 257 of 354
Helmer.
S C I E N T I F I C
14400 Bergen Boulevard
Noblesville,IN 46060
Configured As:
Line No: 1
Model: iLR125-GX
Item Number: 5112125-1
QUOTATION
Toll Free: 800.743.5637
EMAIL or FAX orders to:
orders@helmerinc.com
317-773-9082
Description: iLR125-GX i.Series® Laboratory Refrigerator, 25.2 cu ft (714
Liters)
Part Number LM MW
�-Description
F
Back to Agenda
Creation Da,e: o,i/cucc ic:co:3u r,0
Quote #:
QUO-180807-WOP4P9
Rev: 2
PLEASE REFER TO THIS QUOTE NUMBER ON
ALL CORRESPONDENCES AND ORDERS
YOUR REPRESENTATIVE:
Justin Flamion
1-317-764-5215
jflamion@helmerinc.com
5112125-1
iLR125-GX i.Series° Laboratory Refrigerator, 25.2 cu ft (714 Liters) 1
4010166-1
Power Option: 115V 60Hz (for i.Series° Refrigerators, GX models, 25 cu ft) 1
4110006-1
Power Cord Option: 115V 60Hz NEMA 5-15 1
4020044-1
Exterior Option: Powder Coat (for Refrigerators, GX models, 25 cu ft) 1
4030044-1
Interior Option: Powder Coat, White (for Refrigerators, GX models, 25 cu ft) 1
4040023-1
Light Option: Premium (for Laboratory Refrigerators with Powder Coat 1
Interior, GX models, 20 25 cu ft)
4050065-1
Chart Recorder Option: None (for i.Series° Blood Bank Refrigerators, GX 1
models, 20 25 cu ft)
4060065-1
Lock Option: Standard Key (for i.SeriesO Refrigerators, GX models, 20 25 cu 1
ft)
4080050-1
Handle Option: Standard (for Refrigerators, GX models, 20/25/45/56 cu ft) 1
4070201-1
Door Option: Right Hinge, Glass (for i.Series° Refrigerators, GX models, 1
20/25/45/56 cu ft)
4090102-1
Storage Option: Shelf, Ventilated, Factory Installed (for Refrigerators, GX 1
models, 25 56 cu ft)
4090102-1
Storage Option: Shelf, Ventilated, Factory Installed (for Refrigerators, GX 1
models, 25 56 cu ft)
4090102-1
Storage Option: Shelf, Ventilated, Factory Installed (for Refrigerators, GX 1
models, 25 56 cu ft)
4090102-1
Storage Option: Shelf, Ventilated, Factory Installed (for Refrigerators, GX 1
models, 25 56 cu ft)
4090101-1
Storage Option: None (for Refrigerators, GX models, 25 56 cu ft) 1
4090101-1
Storage Option: None (for Refrigerators, GX models, 25 56 cu ft) 1
4090101-1
Storage Option: None (for Refrigerators, GX models, 25 56 cu ft) 1
4090101-1
Storage Option: None (for Refrigerators, GX models, 25 56 cu ft) 1
Visit our website: www.helmerinc.com IS013485:2016 certified
Page 4 of 5
Helmer may request new customers and established customers to complete a new customer form in order to create or update current account information. This requirement will be contingent on
order amount and prior history with Helmer.
Page 258 of 354
Helmer.
S C I E N T I F I C
14400 Bergen Boulevard
Noblesville,IN 46060
QUOTATION
Toll Free: 800.743.5637
EMAIL or FAX orders to:
orders@helmerinc.com
317-773-9082
Back to Agenda
Creation Dale: a/i/cucc ic:co:3U r1A
Quote #:
QUO-180807-WOP4P9
Rev: 2
PLEASE REFER TO THIS QUOTE NUMBER ON
ALL CORRESPONDENCES AND ORDERS
YOUR REPRESENTATIVE:
Justin Flamion
1-317-764-5215
jflamion@helmerinc.com
4120006-1 Monitoring Option: Ballast, Solid, Factory Installed (for i.Seriese 1
Refrigerators, GX models, 20/25 cu ft)
4900098-1 Special Option: Access Port, Left Wall (for Blood Bank Refrigerators, GX 1
models, 13/20/25/45/56 cu ft)
Total Price: $7,566.90
Visit our website: www.helmerinc.com IS013485:2016 certified
Page 5 of 5
Helmer may request new customers and established customers to complete a new customer form in order to create or update current account information. This requirement will be contingent on
order amount and prior history with Helmer.
Page 259 of 354
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7G
Adoption of a Resolution Approving a
Contract with AHBL Inc. for the 2024 Comp
Plan Update, Critical Areas Code Update,
and Subarea Planning Project
Back to Agenda
Meeting Date: September 13, 2022
Prepared by: Nicholas Bond, AICP
Atty Routing No.
Atty Review Date
DCD Director
N/A
N/A
Summary: The City is required to prepare a periodic update to the City's Comprehensive Plan and Critical
Areas Code by December 31, 2024. The City is additionally choosing to develop subarea plans for its
designated centers as part of this effort. On May 18, 2022 the City advertised seeking professional services in
the Kitsap Sun and additionally advertised on May 23, 2022 in the Daily Journal of Commerce seeking
qualified firms for the project. The City received two statements of qualification in response to the
advertisement and after interviewing both firms for qualifications and cost, the City selected AHBL, Inc. for
the project.
The periodic update will address the following Comprehensive Plan Elements:
1. Introduction: Reflect 2020 census numbers, new growth targets, and centers policies.
2. Land Use: Update ensuring sufficient land capacity to accommodate Port Orchard's growth targets.
3. Housing: Incorporate the recommendations of the Housing Action Plan. The Housing element requires
general updates to comply with recent changes to state law including requirements to plan housing
for all economic segments.
4. Natural Systems: Update Element focusing on incorporating regional policies.
5. Climate: The City intends to develop a Climate Element in anticipation of changes to state law and to
address regional policies.
6. Economic Development: Update the Economic Development Element for consistency with regional
policy and any changes to state law incorporating adopted countywide employment targets.
7. Utilities: Update Element to include facilities, capacity, and capital plans information from other utility
providers. Update Element reflecting the current city water system plan, sewer system plan, and
stormwater system plan.
8. Transportation: Incorporate the recommendations of the Transportation Element work currently
underway by separate contract.
9. Capital Facilities: Comprehensive review and update of the Capital Facilities Element.
A scope of work was negotiated with AHBL, Inc. for the project which is expected to last about 30
months. The City has budgeted $100,000 for a subarea plan and $60,000 for the Critical Areas Code
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Staff Report 7G
Page 2of2
update in the 2022 budget. In addition, the City has been awarded an additional $125,000 in Department
of Commerce funds for the project and we are eligible to spend these funds effective July 1, even prior to
entering into an agreement with Commerce. The contract will require an additional appropriation of
$76,965 in 2023-24 to complete the scope of work.
Relationship to Comprehensive Plan: The scope of work is to update the City's comprehensive plan for
the 2024-2044 planning period.
Recommendation: Staff recommends adoption of a resolution awarding a contract to AHBL, Inc. as
presented.
Motion for consideration: "I move to adopt a resolution authorizing the mayor to execute a
contract with AHBL, Inc. in the amount of $361,965."
Fiscal Impact: The contract amount is $361,965.
Alternatives: Do not approve the contract.
Attachments: Resolution, Contract, Schedule
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH AHBL, INC. FOR THE
PREPARATION OF THE 2024 COMPREHENSIVE PLAN PERIODIC UPDATE.
WHEREAS, the City of Port Orchard is a fully planning City under Revised Code of
Washington (RCW) 36.70A.040; and
WHEREAS, Cities and counties fully planning under RCW 36.70A.040 must complete a
periodic update for their entire comprehensive plan and development regulations, including
those related to critical areas and natural resource lands; and
WHEREAS, periodic updates are required to be done every eight years; and
WHEREAS, the City of Port Orchard is required to update its Comprehensive Plan in
2024; and
WHEREAS, on May 18, 2022, in accordance with the City's Procurement Policies, the
City of Port Orchard advertised a Request for Qualifications seeking professional services in the
Kitsap Sun; and
WHEREAS, on May 23, 2022, in accordance with the City's Procurement Policies, the
City of Port Orchard advertised a Request for Qualifications seeking professional services in the
Daily Journal of Commerce; and
WHEREAS, the City of Port Orchard received responsive documents from two firms in a
timely manner; and
WHEREAS, in accordance with the City's Procurement Policies, staff evaluated the
statements of qualification and interviewed two firms and determined that AHBL, Inc. was the
most highly qualified firm; and
WHEREAS, Staff negotiated a contract with AHBL, Inc. for the development of the 2024
Comprehensive Plan periodic update and recommends Council approval of the selected
consultant; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute a Contract
with AHBL, Inc. for the development of the periodic update to the City's Comprehensive
Plan and Critical Areas Code, in the amount of $361,965.
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Resolution No.
Page 2 of 2
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 1311 day of September 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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Port Orchard Contract #: XXXXX
Authorized Amount:
Date Start: September 13, 2022
Date End: December 31, 2024
CONSULTANT SERVICES AGREEMENT
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 ("City") and
AHBL, Inc. , ("Consultant") organized under the laws of the State of Washington,
located and doing business at 2215 N 30th St Suite 300, Tacoma Washington 98403-3350, (253) 383-
2422, Wayne Carlson (hereinafter the "Consultant").
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 hiring Consultant contained in
Chapter 39.80 RCW;
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
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.
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
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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 $
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $ without written authorization and will be based on the list of billing rates
and reimbursable expenses attached hereto as Exhibit `B."
k 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
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work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
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 August 10,
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
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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
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 negligent 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.
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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:
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, 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
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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.
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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
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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.
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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. By signing this agreement, the Consultant represents the following :
1) NONE of the Contractor's employees providing services to the City retired using the 2008
Early Retirement Factors (ERFs)
2) The Contractor is NOT owned by an individual who retired using the 2008 ERFs
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
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may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated
by written amendments to this Agreement.
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&cityofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
AHBL, Inc
2215 N 30th St Suite 300, Tacoma Washington
Phone No.: (253) 383-2422
Email: ACampbellkAHBL.com
25. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
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contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
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
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performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of
race, color, national origin, sex, age, disability, income -level, or LEP.
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.
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IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
Waynl Carlson, FAICP
Title: Principal, Land Use Planner
Date:
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CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Date:
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Port Orchard City Attorney's Office
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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.
Task 1— Gap Analysis of the City"s Planning and Policy Documents
Task 1 will establish the basis for the Comprehensive Plan Update process and will include working with City
staff to accomplish the following:
1.1 Collect Data and Review Current Plans and Policies
The Consultant will work with staff to collect City plans, documents, and data to be reconciled within
the City's Comprehensive Plan update process. The consultant team will prepare a gap analysis matrix
based on the context changes and planning efforts that have occurred since the last Comprehensive
Plan was adopted. Additionally, this review will identify areas of the Comprehensive Plan and
development regulations that may need to be amended in order to comply with changes in the Kitsap
Countywide Planning Policies, the Multi -County Planning Policies, and state law in accordance with
published checklists by the Department of Commerce and the Puget Sound Regional Council.
Furthermore, the audit will identify challenges/opportunities based on consultant team
experience/expertise. The gap analysis will also be used to show the Consultant's work and create a
history for the update process.
This first phase of work will include: Data collection and review; Review of local conditions, how local
conditions have changed since the 2016 Comprehensive Plan update; Identify areas of the City's
Comprehensive Plan and development regulations that may need to be amended to comply with new
or amended state laws and guidance; and Working with the community to identify key concerns that
may be addressed by the update.
Deliverable:
1. Gap Analysis Matrix and Summary Memorandum
Task 2 — Public Engagement
Once the foundational work of Task 1 is nearly complete, Task 2 will focus on developing and putting the Public
Engagement Plan into action.
The implementation of public workshops to gather public input will be key throughout the development of
policy updates, and the methods the Consultant will use to encourage community involvement can vary as
needed. A mixture of traditional methods would be appropriate including posting public notices and attending
public meetings.
2.1 Prepare a Public Participation Plan
The Consultant will work with City staff to create a Public Participation Plan based on the City's Draft
Public Participation Plan that will:
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• Outline the specific public engagement methods proposed for the update process.
• Provide a schedule for proposed activities.
• Describe the kind of outreach materials that will be provided.
The intent of the Public Participation Plan is to:
• Enable the community to be involved in the update.
• Receive public input via a variety of means including open houses/workshops, surveys, focus
groups, etc.
• Facilitate plan adoption and implementation, anticipating political influences that may
otherwise make it difficult.
• Contact outside stakeholders who will help in plan implementation, such as neighboring City
and County agencies, South Kitsap School District, WSDOT, and other community
organizations and individuals.
• Increase public awareness of the City's planning efforts and empower the public to participate
in the update process.
• Establish standards for the timing and distribution of notices, as well as receiving and
responding to public comments.
The plan and supporting documents will be made public and available throughout the update on the
City's website.
Deliverable:
1. Port Orchard Public Participation Plan
2.2 Public Workshops
Public workshops will allow the City to seek feedback from the community on their priorities, reactions
to plan alternatives, and explain decisions the City makes. The Consultant will take a lead role in
planning and then facilitating workshops. Alternatively, the Consultant can provide support to City
staff in the form of preparing materials and outreach items for City staff to use at staff -led workshops,
should the City want to schedule additional workshops.
The Consultant commits to provide an engagement program that invites community participation and
rewards it. The Participation Plan will be accessible and exciting, giving participants insight into the
City's plans for the community's future. It will show how individual actions can influence the City's
course.
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2.2.1 Update Kick-off and Visioning Workshop
The Consultant will work with City staff to introduce the update effort in a public setting. The
scope of the Update process and the underlying regulatory requirements will be identified. An
anticipated schedule of Update tasks, including the development of Subarea Plans, will be
provided to facilitate public involvement throughout the process. The public will be
encouraged to provide high-level feedback that can be used to guide the Update process, with
more detailed and content -specific feedback to be provided in subsequent Workshops.
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshop.
2.2.2 Policy Workshop
Broad topics will be discussed to address the large question, "What policy updates does the
community feel are needed, given growth and changes since the City's last major
Comprehensive Plan Update in 2016?"
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshop.
2.2.3 Land Use Strategies Workshop
The Consultant will work with City staff to present a series of land use strategies that could be
used to enact the City's vision and policy framework. The direction given by the public for land
use will inform the development of the other elements of the Comprehensive Plan, especially
the housing, transportation, and capital facilities elements. The Consultant shall work
cooperatively with other City consultants to share data upon request.
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshops.
Task 3 — Draft Subarea Plan Development
Once the foundational work of Task 1 and Task 2 are underway, Task 3 will focus on the work required for the
Draft Bethel North and South Subarea Plans. The Consultant anticipates that two separate Subarea Plans will
be required for this area based on PSRC Countywide Center size limits; however, the underlying analysis and
outreach for the Bethel Subarea Plans can occur in one consolidated effort. It is anticipated that the Draft
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Subarea Plans can be developed concurrently with the Draft Comprehensive Plan Update detailed in Task 4
below.
3.1 Existing Conditions Analysis
The Consultant will review existing plans, studies, regulations, and vision documents that affect or may
influence the study area. The Consultant will create a series of base maps to graphically depict existing
conditions using readily available GIS data and site observations. This Task will identify the boundaries
of the Bethel North and Bethel South Subarea Plans.
3.2 Demographic/Market Analysis
The Consultant will review the Comprehensive Plan (including updated items identified in Task 4
below) and Census data to confirm the current portrait/confirmation of the population forecasts and
household characteristics. The Consultant will review past studies and update the market conditions
within the broader Kitsap County market to understand the real estate market fundamentals of the
area, such as land value, rental rates, vacancy, and development trends. The analysis will focus on
industrial, commercial, and residential uses.
3.3 Design Analysis
The Consultant will create up to three (3) land use/urban design alternatives to illustrate various
scenarios of how the study area could be developed/redeveloped and evolve over time. The plans will
be created as diagrammatic, plan -view concepts that depict primary roadways, land uses, open space
areas, natural features, and special landmarks. The consultant team will craft and compile supporting
graphics to illustrate the alternatives. The number and scope of these graphics will be determined
during the process as agreed upon by the City and based on the available budget. Examples include a
combination of photographs, perspective sketches, cross-section drawings, and conceptual 3D massing
models. These alternatives will be used to engage the public to select desirable components and
design elements. Such engagement will occur in accordance with the Public Participation Plan detailed
in Task 2 above.
Deliverable:
1. Up to three (3) Land Use/Urban Design Concepts for the Bethel North Subarea Plan.
2. Up to three (3) Land Use/Urban Design Concepts for the Bethel South Subarea Plan.
3.4 Land Use/Urban Design Plan
The Consultant will create a locally -preferred Land Use/Urban Design Plan that represents the
recommended concept plan for the study area. The plan will be created as a diagrammatic, planview
concept that depicts future land use and transportation. The plan will be further illustrated as a series
of Framework Plans that graphically represent Land Use, Transportation (roadways/trails), Open
Space, and Utilities. This arrangement will allow elements of the plan to be displayed on individual
plan sheets and specific detail can be provided to ensure project implementation and future planning.
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Deliverable:
1. Urban Design Plan for the Bethel North Subarea Plan.
2. Urban Design Plan for the Bethel South Subarea Plan.
3.5 Technical Analysis
The Consultant will provide a technical review of the proposed Land Use/Urban Design Plan. The
Consultant will provide technical recommendations and guidance to ensure that the plan elements are
realistic and cost-effective. The team will use existing studies as the basis of their analysis and contrast
with the proposed land use intensities in the subarea plans. This Task includes reviewing and
incorporating the adopted Bethel Sedgwick Corridor Study.
3.6 Prepare First Complete Drafts of the Subarea Plans
The Consultant will create project documents that serve as the policy and strategy plan for the area.
The documents will recap the public process, summarize the demographic/market conditions and
opportunities, present the Urban Design Plan, establish associated policies, and recommend action
items that will lead to the project implementation. The Consultant will ensure that the documents are
consistent with the Comprehensive Plan Updates identified in Task 4 below.
DPlivernhle-
1. First Draft of the Bethel North and Bethel South Subarea Plans.
3.7 Prepare Revised Final Draft of the Subarea Plans
The Consultant will coordinate with City Staff to ensure the Draft plans have been updated in
accordance with feedback received during the Draft Plan process identified in Task 3.6. The Final Draft
Plans will be routed to City Staff for final review ahead of Adoption services detailed in Task 5.
neliverahle-
1. Revised final draft of the Bethel North and Bethel South Subarea Plans.
3.8 Public Workshop with Subarea Plans
The consultant will work with City staff to present the revised final draft subarea plans prepared as
part of Task 3.7 to the public for comment and review.
Deliverable:
1. Materials prepared for the workshop — PowerPoint presentation and the Plan.
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Task 4 — Draft Comprehensive Plan Update
Once the foundational work of Task 1 and Task 2 are underway, Task 4 will focus on the work required for the
draft Comprehensive Plan Update. It is anticipated that Task 3 and Task 4 will occur concurrently. This task will
include the following:
• Updating the priority elements and combining elements where appropriate, following the general
steps outlined at the beginning of the scope.
• Writing updated and new goals and policies where needed to respond to the existing conditions
findings in Task 1, current best practices, and incorporate community feedback in Task 2
• Using the gap analysis matrix prepared under Task 1.1 as a tool to show the Consultant's work and
create a clear record of the update for use during the adoption phase (Task 5). The gap analysis matrix
will also be helpful in providing a roadmap or work plan to make further updates to the plan that
would be helpful, desirable, or prudent, but beyond the immediate needs of processing an update to
satisfy the GMA periodic update requirements.
• Creating clear connections between data, policies, strategies, and implementation programs.
• Provide a short memorandum to City staff to record and list additional items which should be
considered for future amendments. This will include items generated from public comment,
information which is outdated, opportunities to make the plan more complete, or best practices.
4.1 Prepare First Complete Draft of the Document
The work under this task will include the following:
1. Determine how the City wants to organize, streamline, and trim the document (eliminating
unnecessary sections).
2. Within the framework of the existing vision statement, update any goals, policies, and strategies that
need to be strengthened, re -written or re -tooled for GMA compliance in all elements. Update tables,
maps and graphics that require updating in order to assure compliance with GMA.
3. Update the required Plan Elements as follows:
• Introduction — Some minor changes are needed to update this chapter, including updates to be
consistent with other changes made in association with this Update process.
Dplivprahlps-
1. Draft Introduction for staff and public review and comment in paper and electronic
formats.
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Land Use — The Consultant will work closely with the City staff on this element as it provides the
growth assumptions that will affect all the other elements. The Consultant will update land use
capacity analysis, review the most current population projections from Kitsap County and OFM,
adjust those projections to reflect local conditions, and provide a more detailed analysis of the
City's growth and population trends and future land use needs. This work would include reviewing
the City's existing land use policies and ensuring that they are consistent with the updated land
use capacity analysis, the Countywide Planning Policies, and PSRC's VISION 2050. This work will
involve examination of centers designations, boundaries, and goals and policies for those centers
lacking a subarea plan. The Consultant will work with City staff and stakeholders to recommend
new policies if gaps are identified to help direct growth and development.
Deliverables:
1. Draft Land Use section for staff and public review and comment in paper and electronic
formats.
• Housing — The Consultant will work with staff to apply the updated land use development
assumptions, analyze new data and update the housing inventory based on projected housing
needs. The Consultant will incorporate goals and policies that are developed as part of the Housing
Action Plan (existing City contract No. 069-22) and address affordable housing within the City as
required by E2SHB 1220.
Deliverables:
1. Draft Housing section for staff and public review and comment in paper and electronic
formats.
• Parks —The Consultant will work with City staff to revise, if necessary, the goals and policies
regarding the City's parks for consistency with the City's recently adopted parks plan.
Deliverables:
1. Draft Parks section for staff and public review and comment in paper and electronic
formats.
• Natural Systems —The Consultant will work with City staff to incorporate updates to the City's
Critical Areas Code into this element. The Consultant will also explore opportunities to incorporate
additional goals and policies surrounding sustainability into the City's Comprehensive Plan.
Deliverables:
1. Draft Natural Systems section for staff and public review and comment in paper and
electronic formats.
• Climate —The Consultant will develop this new section of the Plan in accordance with the guidance
established by the GMA in relation to climate mitigation and resilience planning. As an optional
element of the Update process, the Consultant will coordinate with City staff to determine the
scope of this section.
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Deliverables:
1. Draft Climate section for staff and public review and comment in paper and electronic
formats.
• Economic Development —The Consultant understands the City desires a light refresh to the
economic development chapter. The Consultant shall perform a high-level citywide market
assessment to establish baseline and future economic conditions and ensure the goals, policies,
and specific actions outlined in the Comprehensive Plan are realistic. This assessment will also
provide the City with information about opportunities for growth, barriers and constraints to
development and economic prosperity, overall demand for different land use types, development
and economic (industry and employment) trends, the likely timing of new investment, and other
conditions. The assessment also sets the stage for the subarea planning tasks and will allow the
team to seamlessly transition from a citywide perspective to a smaller area perspective needed for
subarea plans.
Deliverables:
1. Draft Economic Development section for staff and public review and comment in paper
and electronic formats.
• Utilities — The Consultant will work with City staff to update the chapter to incorporate information
from the City's utility providers as well as a focus on utility information from other utility providers
both within and near Port Orchard, including internal departments, West Sound Utility District,
and the City of Bremerton.
Deliverables:
1. Draft Utilities section for staff and public review and comment in paper and electronic
formats.
• Transportation — The Consultant will work with the City's existing consultant (City contract No.
006-22) to update this section in accordance with updates to the City's transportation model and
Plan transportation element that have already been developed. The existing conditions models
that have been calibrated by the City's existing consultant will be utilized to generate future
forecasts for land use and transportation improvement projects.
Deliverables:
1. Draft Transportation section for staff and public review and comment in paper and
electronic formats.
Capital Facilities — The Consultant will provide a capital facilities inventory and analysis as part of
this Update. This will include facilitating meetings with the City to focus on (1) needs and issues,
(2) vision and meeting growth needs, and (3) reviewing the draft plan. Ensuring cohesion with
other City policy documents, including utility system plans, transportation plans, and other
planning documents, will enable the creation of a comprehensive capital improvement projects
list.
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Deliverables:
1. Draft Capital Facilities section for staff and public review and comment in paper and
electronic formats.
• Appendices — Referenced documents from other internal and external agencies will be updated as
applicable, including other plans adopted by reference, subarea plans within the City, and the
City's Capital Facilities Plan.
Deliverables:
1. Draft Appendices for staff and public review and comment in paper and electronic
formats.
4.2 Prepare Revised Draft of Comprehensive Plan
After City staff completes its review of the complete final draft of the plan prepared as part of Task 4.1,
the Consultant will prepare a revised final draft of the plan that will be presented to the public.
Deliverable:
1. Revised final draft of the Comprehensive Plan.
4.3 Public Workshop for Comprehensive Plan Update
The consultant will work with City staff to present the revised final draft plan prepared as part of Task
4.2 to the public for comment and review.
Deliverable:
1. Materials prepared for the workshop — PowerPoint presentation and the Plan.
Task S —SEPA Environmental Review, Final Drafts, and Adoption
This task focuses on the public plan adoption process and production of the final documents. The Consultant
shall participate in several study sessions and a hearing before the Planning Commission, a study session and a
hearing before the City Council, and revisions to the plan as necessary to conform to the direction of the
Planning Commission and City Council. Additional hearings or more extensive plan revisions may require
increased City staff participation to maintain the project's budget.
Our work on this task will focus on:
• Preparing the final draft plan for SEPA environmental review and Department of Commerce review.
• Preparing the development code assessment and amendments to the development code.
• Working with City staff to present the Update and Subarea Plans to the Planning Commission and the
City Council.
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5.1 Draft Plans and SEPA Checklist
The draft plan will propose an overall vision and policy framework in compliance with GMA. The
Consultant intends to integrate environmental documentation in the plan. This task will culminate with
a non -project SEPA Checklist for public comment and transmittal to Ecology and interested agencies
during environmental review.
Deliverable:
1. Revised final draft of the Comprehensive Plan.
2. Revised final drafts of the Bethel North and Bethel South Subarea Plans.
3. SEPA Checklist
5.2 Planning Commission Meetings
The Consultant will present the plan at up to three Planning Commission study sessions and one public
hearing, to answer questions and facilitate commission discussion and consideration.
Deliverables:
1. Materials prepared for the study session and public hearing.
5.3 City Council Meetings
The Consultant will present the plan at one City Council study session and one City Council public
hearing, to answer questions and facilitate discussion and consideration.
Deliverables:
1. Materials prepared for the study session and public hearing.
5.4 Final Plans
The Consultant will make one final plan revision to incorporate recommendations from the Planning
Commission and changes adopted by the City Council, delivering the final Plans in both PDF and
Microsoft Word formats for City reproduction and distribution.
Deliverable:
1. Final Comprehensive Plan Update.
2. Final Bethel North and Bethel South Subarea Plans.
3. All material/data that has been created in association with the Final Comprehensive Plan
Update and Subarea Plans, including GIS data, plans, and graphics. Deliverables shall be
provided in Word with all images provided in original format, tables in Excel, shapefiles, etc.
Task 6 — Development Regulations and Critical Areas Code Update
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This task focuses on implementing the revisions to planning policy materials in relation to the development of
the Subarea Plans and Comprehensive Plan Updates. Tasks 6.1 and 6.2 will provide revisions based on the gap
analysis done in Task 1 and within the context of final language of planning policy materials developed in Tasks
3 and 4.
6.1 Development Regulations Update
The Consultant will compare the updated comprehensive plan's policies with the City's adopted
development regulations through a gap analysis matrix, identifying those areas where the codes will
need changing to comply with policy direction, outlining options for prioritizing code amendments by
overall importance. The Consultant will include suggestions for updating the City's zoning map and
zoning code to be consistent with the updated land use designation map and Comprehensive Plan.
Deliverable:
1. Draft Development Regulation Gap Analysis in paper and electronic formats.
2. Final Development Regulation Gap Analysis in paper and electronic formats.
6.2 Critical Areas Code Update
The City's critical areas regulations are key to protecting natural systems. The Consultant will review
the Port Orchard's critical areas regulations for compliance with GMA using best available science
(BAS) related to critical areas. It is assumed that identifying any data gaps through a BAS analysis will
be sufficient to update the critical areas regulations. Technical support and coordination with City staff
will also occur to assist with identifying deficiencies within the existing critical areas regulations in
relation to applicable critical areas application materials, review, and permitting.
Dplivprahle-
Draft Critical Areas Code updates for staff and public review and comment in paper and
electronic formats.
Final Critical Areas Code updates for staff and public review and comment in paper and
electronic formats.
City of Port Orchard and
Public Works Project No.
Professional Service Agreement Contract No.
Page 24 of _
Updated 4/2022 IBDR
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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. This is a multi -year contract and the rates
may be increased after the first or second year, if rates are increased the Consultant shall provide the
City with a minimum of a 60-day advance notice for raising rates and a limited rate increase limitation
of no more than annual CPI-U for Seattle/Tacoma/Bellevue.
AHBL:
• Wayne Carlson, FAICP — Managing Principal, $225/hour
• Alex Campbell, AICP — Planning Project Manager, $150/hour
• Alex Mann — Planner 4, $130/hour
• Carmen Smith — Planner 3, $115/hour
MAKERS:
• Bob Bengford, AICP — Principal/Planner, $220/hour
• Scott Bonjukian, AICP — Urban Designer, $135/hour
• Markus Johnson — Planner/Urban Designer, $105/hour
LELAND CONSULTING GROUP:
• Chris Zahas, AICP — Managing Principal, $225/hour
• Jennifer Shuch — Analyst, $150/hour
GRETTE ASSOCIATES:
• Matthew Boyle — Senior Scientist, $242/hour
• Chad Wallin — Biologist 3, $142/hour
TRANSPORTATION SOLUTIONS:
• Victor L. Salemann, AICP — President/Engineer VIII, $263.50/hour
• Andrew Bratlien, PE — Senior Transportation Engineer/Engineer V, $189.50/hour
City of Port Orchard and
Public Works Project No.
Professional Service Agreement Contract No.
Page 25 of _
Updated 4/2022 IBDR
Page 288 of 354
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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
City of Port Orchard and
Public Works Project No.
Professional Service Agreement Contract No.
Page 26 of _
Updated 4/2022 IBDR
Page 289 of 354
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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 sec).
City of Port Orchard and
Public Works Project No.
Professional Service Agreement Contract No.
Page 27 of _
Updated 4/2022 IBDR
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Gap Analysis ofthe City's Planning and Policy Documenu
®
Collect Data and Review- -
■
--
I
-------------------------
Public Engagement
Prepare a Public Participation Plan
Public workshops
Update Kick-offand Visioning Workshop
Policy Workshop
Land Use Strategies Workshop
Draft Subarea Plan Development
Prepare First Complete Draft ofthe Document
Demographic/market Analysis
Design Analysis
Land use/urban Design Plan
Technical Analysis
Prepare First Complete Drafts ofthe Subarea Plan�
Prepare Revised Final Draft of the Subarea Plan�
Public Workshop with Su barea Plans
INFIll M.,
Draft Comprehensive Plan Update
Prepare First Complete Draft ofthe Document
Prepare Revised Draft of Comprehensive Plan
Public Workshop for Comprehensive Plan Update
SEPA Environmental Review, Final Drafts, and Adaptlian
Draft Plans and SEPA checkrist
Planning commission meetngs
City Council Meetings
111ri"..
Development Regulations and Critical Amas Code Update
Deyelopment Regulations update
X - Meeting Date
Page 291 of 354
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City of Port Orchard
Comprehensive Plan & Code Amendments
August 25, 2022
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Task 1: Gap Analysis of the Cit 's Planning and Policy Documents
1.1 Collect Data and Review Current Plans and Policies
$3,940
1 $3,300
$2,420
$0
$1,1001
$6,8201
$10,760
Task 1: SUBTOTAL
$3,9401
$3,3001
$2,420
$0
$1,1001
$6,8201
$10,760
Task 2: Public Engagement
2.1 Prepare a Public Participation Plan
$3,190
$2,200
$0
$0
$0
$2,200
$5,390
2.2 Public Workshops
$0
$0
$0
$0
$0
$0
$0
2.2.1 Update Kick-off and Visioning Workshop
$4,410
$3,300
$0
$0
$0
$3,300
$7,710
2.2.2 Policy Workshop
$4,860
$4,950
$0
$0
$0
$4,950
$9,810
2.2.3 Land Use Strategies Workshop
$6,060
$4,950
$0
$0
$0
$4,950
$11,010
Task 2: SUBTOTALI
$18,5201
$15,400
$0
$0
$0
$15,400
$33,920
Task 3: Draft Subarea Plans Development
3.1 Existing Conditions Analysis
$6,025
$1,100
$0
$0
$0
$1,100
$7,125
3.2Demographic/Market Analysis
$1,520
$0
$0
$0
$13,200
$13,200
$14,720
3.3 Design Analysis
$2,025
$13,200
$0
$0
$0
$13,200
$15,225
3.4 Urban Design Plan
$1,425
$6,600
$0
$0
$0
$6,600
$8,025
3.5 Technical Analysis
$3,725
$4,950
$0
$3,300
$0
$8,250
$11,975
3.6 Prepare First Complete Drafts of the Subarea Plans
$6,530
$5,500
$0
$0
$0
$5,500
$12,030
3.7 Prepare Revised Final Draft of the Subarea Plans
$3,490
$3,300
$0
$0
$0
$3,300
$6,790
3.8 Public Workshop with Subarea Plans
$6,380
1 $5,500
$0
$0
$0
$5,5001
$11,880
Task 3: SUBTOTALI
$31,1201
$40,1501
$0
$3,300
$13,200
$56,650
$87,770
Task 4: Draft Comprehensive Plan Update
4.1 Prepare First Complete Draft of the Document
4.1.1Introduction
$3,480
$1,100
$0
$0
$0
$1,100
$4,580
4.1.2 Land Use
$13,100
$2,200
$0
$0
$0
$2,200
$15,300
4.1.3 Housing
$1,285
$0
$0
$0
$2,200
$2,200
$3,485
4.1.4 Parks
$1,520
$0
$0
$0
$0
$0
$1,520
4.1.5 Natural Systems
$1,520
$0
$3,630
$0
$0
$3,630
$5,150
4.1.6 Climate
$0
$0
$0
$0
$0
$0
$0
4.1.7 Economic Development
$1,745
$0
$0
$0
$17,600
$17,600
$19,345
4.1.8 Utilities
$3,960
$0
$0
$0
$0
$0
$3,960
4.1.9 Transportation
$2,805
$0
$0
$2,200
$0
$2,200
$5,005
4.1.10 Capital Facilities
$1,970
$27,500
$0
$0
$0
$27,500
$29,470
4.1.11 Appendices
$3,425
$0
$0
$0
$0
$0
$3,425
4.2 Prepare Revised Final Draft of Subarea Plan and Comprehensive Plan U
$12,000
$5,500
$1,100
$1,100
$1,100
$8,800
$20,800
4.3 Public Workshop with Subarea Plan and Comprehensive Plan Update
$6,980
$5,500
$0
$0
$0
$5,500
$12,480
Task 4: SUBTOTAL
$53,790
$41,8001
$4,7301
$3,300
$20,900
$70,730
$124,520
Task 5: SEPA Environmental Review, Final Drafts, and Adoption
5.1 Draft Plans and SEPA Checklist
5.1.1 Revised final draft of the Comprehensive Plan
$4,250
$1,100
$0
$0
$0
$1,100
$5,350
5.1.2 Revised final drafts of the Bethel North and Bethel South Subarea PI
$4,250
$2,200
$0
$2,200
$1,650
$6,050
$10,300
5.1.3 SEPA Checklist
$7,900
$0
$0
$0
$0
$0
$7,900
5.2 Planning Commission Meetings
$0
$0
$0
$0
$0
$0
$0
5.2.1 Materials prepared for the study session and public hearing
$9,100
$3,850
$0
$0
$0
$3,850
$12,950
5.3 City Council Meetings
$0
1 $0
$0
$0
$0
$0
$0
5.3.1 Materials prepared for the study session and public hearing
$4,550
$2,200
$0
$0
$0
$2,200
$6,750
5.4 Final Plans
$0
$0
$0
$0
$0
$0
$0
5.4.1 Final Comprehensive Plan Update
$1,285
$0
$0
$0
$0
$0
$1,285
5.4.2 Final Bethel North and Bethel South Subarea Plans
$1,285
$0
$0
$0
$0
$0
$1,285
Task 5: SUBTOTAL
$32,620
$9,350
$0
$2,200
$1,650
$13,2001
$45,820
Task 6: Develo ment Regulations and Critical Areas Code Update
6.1 Development Regulations Update
6.1.1 Draft Development Regulation updates for public review and comme
$12,050
$1,100
$0
$0
$0
$1,100
$13,150
6.1.2 Final Development Regulation updates for public review and comme
$7,450
$0
$0
$0
$0
$0
$7,450
6.2 Critical Areas Code Update
6.2.1 Draft Critical Areas Code updates for public review and comment
$1,425
$0
$18,700
$0
$0
$18,700
$20,125
6.2.2 Final Critical Areas Code updates for public review and comment
$600
$0
$5,500
$0
$0
$5,500
$6,100
Task 6: SUBTOTALJ
$21,5251
$1,1001
$24,200
$0
$0
$25,3001
$46,825
Project Management
7.1 Preparation of Master Project Schedule
$1,050
$0
$0
$0
$0
$0 $1,050
7.2 Monthly Written Project Billing Updates
$6,300
$0
$0
$0
$0
$0 $6,300
Task 7: SUBTOTAL
$7,350
$0
$0
$0
$0
$0 $7,350
$168,865
$111,100
$31,350
$8,800
$36,850
$188,1100
PROJECT SUBTOTAL $356,965
REIMBURSABLE EXPENSES $5,000GRAND TOTAL $361,965
Page 292 of 354
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7H
Meeting Date:
September 13, 2022
Subject: Approval of Amendment No. 7 to Contract
Prepared by:
Nicholas Bond, AICP
No. 066-20 with Rice Fergus Miller, Inc. for
DCD Director
the Design Development and Construction
Atty Routing No.:
N/A
Drawings of the Community Event Center
Atty Review Date:
N/A
Summary: The City, in partnership with the Kitsap Public Facilities District (KPFD), is in the design process for
a Community Event Center. The City and KPFD executed an Agreement to identify this 8-phase Project (C082-
19), and to memorialize KPFD's committed funding. Following a qualifications -based selection process
consistent with Chapter 39.80 RCW and the City's Procurement Policies, on July 29, 2020, the City executed a
Professional Services Contract Agreement with the selected firm, Rice Fergus Miller, Inc., for the Project
("Underlying Agreement"). The City and Consultant executed Amendment Nos. 1 through 6 to the Underlying
Agreement during 2021 and mid-2022. The proposed contract amendment before the City Council would
modify the scope of work for tasks 4 and 5 as referenced in the Contract between the City and KPFD.
Tasks 4 and 5 are described in the agreement between the city and KPFD as follows:
Task 4: Prepare 60% Design Development, Cost Estimates, and Shoreline Permit Submittal. $600,000
Task 5: Shoreline Permits, 100% Ad -ready Construction Documents (PS&E), and Complete Applications for
Development. $500,000.
Through the progression of work covered under Tasks 4 and 5, the existing seawall adjacent to the SKCEC site
was evaluated and determined to be structurally unstable. Rice Fergus Miller has provided a scope of work to
be approved as Amendment #7 to Contract C066-20 totaling $631,200, which would provide design,
engineering and permitting for seawall removal and shoreline restoration and a new overwater deck
structure.
Previous Contract Amendments to C066-20 are as follows:
Amendment #1: Frontage Improvement/CEC Plaza Concept Planning - $210,943.00
Amendment #2: Materials Testing - $2,672.00
Amendment #3: Frontage and Access Improvements, Additional Cost - $109,153.28
Amendment #4: Borings and materials testing - $12,200.00
Amendment #5: Contract Term Extension - $0.00
Amendment #6: Tasks 4-5 completion under original City and KPFD Agreement - $1,389,500 total (covered by
KPFD Contract C082-19 Amendment #3)
Page 293 of 354
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Staff Report 7H
Page 2of2
Relationship to Comprehensive Plan: This contract will provide plans and permits for a project
identified in the City's Comprehensive Plan, Parks Plan, and Downtown Subarea Plan.
Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 7 to Contract
No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an
amount of $631,200.
Motion for consideration: I move to authorize the Mayor to execute Amendment No. 7 to Contract
No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an
amount of $631,200.
Fiscal Impact: This contract is currently fully grant funded.
Alternatives: Revise the Scope of Work.
Attachments: Amendment #3 to C082-19, Contract C066-20, Amendment #7 to C066-20, COPO
Amendment Authorization.
Page 294 of 354
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Amendment No. 7 to Contract No. C066-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RICE FERGUS MILLER, INC.
THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 13th day
of September, 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 corporation organized under the
laws of the State of Washington, located and doing business at 275 5t1i St. Bremerton, WA 98337
("Consultant").
WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant
for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and
WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying
Agreement, increasing the contract amount and adding additional scope of work (work within the scope of
the initial Request for Qualifications); and
WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the
Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for
Qualifications); and
WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work (work within
the scope of the initial Request for Qualifications); and
WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work due to
unforeseen on -site conditions; and
WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the
Underlying Agreement, extending the contract term to accommodate the scope of work; and
WHEREAS, on April 12, 2022, the City and Consultant executed Amendment No. 6 to the
Underlying Agreement, updating the scope and fee for tasks 4 and 5 of C082-19; and
WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an
Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a
Community Event Center; and
WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the
Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and
WHEREAS, during the execution of work outlined as Tasks 4 and 5 of the original work plan, it was
discovered that the existing seawall adjacent to the SKCEC site is structurally unstable and will require
removal and restoration as part of the SKCEC designibuild that was outside of the scope of what was
described in Tasks 4-5; and
Page 295 of 354
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WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement;
NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
1. The Underlying Agreement, including previous Amendments Nos. 1-6, is amended as follows
(amendment shown in legislative marks):
a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto
(Amendment #7 Request). The new total contract cost shall not exceed $631,200.
b. The contract term remains with a termination date of December 31, 2024, unless extended
or earlier terminated in accordance with the terms of the Underlying Agreement.
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, CONSULTANT
WASHINGTON
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Signature
Printed Name and Title
Page 296 of 354
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RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337
ARauTFCTURF INTERIORS RIANNING v¢lAB 360-377-8773 rfmarch.com
July 20, 2022
Nick Bond
Development Director
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Re: South Kitsap Community Events Center
Amendment 07 Request
SD -CD Shoreline Restoration and Above Water Structures
RFM Project: 2020002.00
Dear Nick,
Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our
contract for the above referenced project to specifically address the shoreline restoration scope
outlined in Tasks 4 & 5 of the Regional Center Interlocal Agreement (ILA) between Kitsap Public
Facilities District (KPFD) and the City of Port Orchard (PO) executed on September 15, 2021, for
the South Kitsap Community Events Center (SKCEC) project.
Project Description
The existing seawall adjacent to the SKCEC site was evaluated and determined to be structurally
unstable. This proposal is to provide design, engineering and permitting for the shoreline
restoration and overwater deck structure.
II. Scope of Services
The following are included in this scope:
• Geotechnical Engineering for over -water structures
• Schematic Design thru Construction Documents Phase for:
o Shoreline design limited to the area shown in the attached restoration site plan
o Habitat restoration below the Mean Higher High -Water Level
o Removal of the existing seawall and replacement with sloped shoreline and steps
o Pile supported over -water deck structure to restore area "lost" by seawall removal
o A recommended design at the end of each phase (SD, DD & CD) will be presented
to City Council for approval.
• Ecological Reports for critical areas, including:
o Shoreline Mitigation Plan
o Biological Assessment Report
Page 297 of 354
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South Kitsap Community Events Center
SD -CD Shoreline Restoration and Above Water Structures
July 20, 2022
• Permit Applications and Submittals:
o Shoreline Substantial Development Permit (SSDP). We assume this permit will
combine the submittals for both the CEC building and the shoreline restoration
under one permit. Construction may be phased between the two projects.
o Joint Aquatic Resource Permit Application (DARPA)
o Endangered Species Act and Marine Mammal Protection Act Compliance
(National Marine Fisheries Service and US Fish and Wildlife Service)
o Clean Water Act Section 404 and Section 10 Approval (US Army Corps of
Engineers)
o Coastal Zone Management Act Section 401 Approval (WA Department of
Ecology
o Hydraulic Project Approval (WA Department of Fish and Wildlife)
The following disciplines are included in this scope of work to provide the deliverables listed
above:
• Geotechnical Engineering • Structural Engineer
• Ecological Consultant • Electrical Engineer
• Civil Engineer • Cost Estimator
• Landscape Architect
III. Exclusions and Additional Services
The following services, though they could be provided by RFM and consultants, are excluded
from our Scope of Basic Services and, if requested, will be billed as Additional Services.
• Bidding through Construction Administration Phase
• Site work and shoreline restoration beyond the attached site plan
• Marketing Materials and Photography
• Design requirements, submittals and permits related to any Federal Funding Grants
• We assume there are no mechanical or plumbing needs for this project including, but not
limited to, water meter and fire service.
• We assume there will be no federal permitting to require NEPA process
• All permit fees to be paid by the Owner directly to the respective jurisdictions
IV. Owner Responsibilities
It is our understanding that City of Port Orchard will provide full information, including a
program, setting forth its design objectives, constraints, and criteria; any available dimensioned
drawings describing all existing improvements; assistance in scheduling and accessing the
2 of 3
Page 298 of 354
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South Kitsap Community Events Center
SD -CD Shoreline Restoration and Above Water Structures
July 20, 2022
shoreline and waterward areas for shoreline design and investigation; and, the services of other
consultants not included here when such services are deemed to be necessary.
V. Schedule
Shoreline restoration and over -water structure design efforts from Schematic Phase thru
Construction Documents Phase will take approximately 9 months. We propose to start this
work as soon as our contract is approved to catch up to the CEC site design. Permitting is
estimated to last for 12 months. We will develop the detailed milestones of the project schedule
during the design process.
VI. Compensation
For the Scope of Services outlined above, compensation shall be a Fixed Fee of Six Hundred
Thirty -One Thousand Two Hundred Dollars ($631,200.00); plus, reimbursable expenses and any
applicable taxes.
Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will
be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing
Rates or as agreed to prior to commencement of the Additional Services.
VII. Terms of Agreement
Please provide an amendment to our South Kitsap Community Events Center contract upon
accepting this proposal.
Vill. Summary
Thank you for the opportunity to propose on your project. We look forward to discussing our
proposal further and working with you. Please contact me if you have any questions.
Sincerely,
Rice Fergus Miller, Inc.
T�
Dean Kelly, Pr cip
Architect
Attachment: Shoreline Restoration Site Plan
Hourly Billing Rates
3 of 3
Page 299 of 354
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Demolish existing
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Port of Bremerton
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Page 300 of 354
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RiafergusmILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
2022 Hourly Billing Rates
Date of Proposal: July 20, 2022
Project: South Kitsap Community Events Center - SD -CD Shoreline Restoration and Above
Water Structures
Project No.: 2020002.00
The hourly billing rates shall be annually adjusted in accordance with normal salary review practices
of Rice Fergus Miller.
Principal in Charge:
Senior Planner:
Project Manager:
Project Architect:
Staff Architect:
Project Designer:
Staff Designer:
Interior Designer:
Technical Designer:
Production Support:
Graphics Visualization:
Project Coordinator:
Administrative Support Staff:
$ 190.00 - $ 275.00
$ 175.00 - $ 275.00
$ 130.00 - $ 190.00
$ 120.00 - $ 190.00
$ 125.00 - $ 160.00
$ 115.00 - $ 190.00
$ 115.00 - $ 155.00
$ 100.00 - $ 170.00
$ 95.00 - $ 155.00
$ 85.00 - $ 155.00
$ 120.00 - $ 140.00
$ 140.00
$ 90.00 - $ 140.00
Page 301 of 354
DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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Amendment No. 6 to Contract No. C066-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RICE FERGUS MILLER, INC.
THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 12th day
of April, 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 corporation organized under the laws of
the State of Washington, located and doing business at 275 5' St. Bremerton, WA 98337 ("Consultant").
WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant
for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and
WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying
Agreement, increasing the contract amount and adding additional scope of work (work within the scope of
the initial Request for Qualifications); and
WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the
Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for
Qualifications); and
WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work (work within
the scope of the initial Request for Qualifications); and
WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work due to
unforeseen on -site conditions; and
WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the
Underlying Agreement, extending the contract term to accommodate the scope of work; and
WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an
Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a
Community Event Center; and
WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the
Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and
WHEREAS, the Consultant and the City have conferred and have negotiated a scope and fee for
tasks 4 and 5 of C082-19; and
WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement;
NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
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The Underlying Agreement, including previous Amendments Nos. 1-5, is amended as follows
(amendment shown in legislative marks):
a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto
(Amendment #6 Request). The new total contract cost shall not exceed $2,124,468.28.
b. The contract term is extended to a new termination date of December 31, 2024, unless
extended or earlier terminated in accordance with the terms of the Underlying Agreement.
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,
WASHINGTON
DocuSigned by:
�2etit,v� PU. MAAak
Robert utaansuu, Mayor
ATTEST/AUTHENTICATED:
DocuSigned by:
Bran y a ace; MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Ct� arm
C 50offe X.2%7cher, City Attorney
CONSULTANT
Printed Name and Title
Page 303 of 354
DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337
ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com
March 23, 2022
Nick Bond
Development Director
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Re: South Kitsap Community Events Center
Amendment 06 Request
ILA Task 4 Design Development & Task 5 Construction Documents
Plus Seawall Assessment
RFM Project: 2020002.00
Dear Nick,
Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our
contract for the above referenced project based on Tasks 4 & 5 of the Regional Center Interlocal
Agreement (ILA) between Kitsap Public Facilities District (KPFD) and the City of Port Orchard
(PO) executed on September 15, 2021, for the South Kitsap Community Events Center (SKCEC)
project.
I. Project Description
This is a continuation of our Phase 1 work that started with conceptual design in 2020 and
schematic design in 2021; except, existing seawall evaluation previously excluded from Phase 1
will now be added to this scope of work. The following scope of services describe the next
phases of our work.
II. Scope of Services
Phase 2: Our work is based on the referenced ILA Exhibit A Task 4 which includes:
• Design Development Documents
• SEPA Checklist
• Traffic Impact and Parking Analysis
• Application for Shoreline Substantial Development Permit (SSDP)
• Cost Estimates based on Design Development drawings
• Assist in estimating operations and maintenance costs
• Assessment of existing seawall directly adjacent to the CEC site for structural capacity
and remaining service life (see the attached map)
Phase 3: Our work is based on the referenced ILA Exhibit A Task 5 which includes:
• Shoreline Substantial Development Permit (SSDP) application and submittals.
• 100% Ad Ready Construction Documents
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DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
• Application for building permits, land disturbing activity permits (LDAP), and stormwater
drainage permits (SDP).
• Prepare plans and permit application submittals for any off -site improvements only as
required under SEPA, SSDP or as conditions of other permit approvals specific to SKCEC.
ILA Exclusions: The following items noted in the ILA are excluded from our scope per City of
Port Orchard direction:
• Schematic Design thru Construction Documents Phase for:
o Shoreline mitigation
o Over -water structures
• Geotechnical Engineering for over -water structures
• Ecological Reports for critical areas, including:
o Wetland Delineation and Report
o Habitat/Shoreline Mitigation Report
o Biological Assessment
• Application for Shoreline Substantial Development Permit (SSDP) specific to shoreline
mitigation and over -water structure
• Prepare and file Joint Aquatic Resource Permit Application (DARPA)
• Other permit applications and submittals related to shoreline mitigation and/or
overwater structure(s)
The following disciplines are included in this scope of work to provide the deliverables listed
above:
• Civil Engineer
• Landscape Architect
• Transportation Engineer
• Structural Engineer
• Mechanical, Electrical and Plumbing
Engineers
• Interior Designer
• Food Service Designer
III. Exclusions and Additional Services
• Acoustical Consultant
• Building Envelope Consultant
• Cost Estimator
• Hospitality Consultant
• Promotions & Social Media
Consultant
• Audio/Video Consultant
• Signage Consultant
In addition to the ILA Exclusions noted above, the following services, though they could be
provided by RFM and consultants, are excluded from our Scope of Basic Services and, if
requested, will be billed as Additional Services.
• Bidding through Construction Administration Phase
• Off -site work beyond the attached site delineation map specific to SKCEC
E
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DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
• Additional design and engineering consultants not listed, including but not limited to:
o Furniture's, Fixtures, & Equipment (FFE) Design and Specifications, Procurement
and Installation
o LEED or other sustainability or green building certification
• Marketing Materials and Photography
• Design requirements, submittals and permits related to any Federal Funding Grants
IV. Owner Responsibilities
It is our understanding that City of Port Orchard will provide full information, including a
program, setting forth its design objectives, constraints, and criteria; any available dimensioned
drawings describing all existing improvements including existing buildings and structures;
assistance in scheduling and accessing the existing seawall for assessment including structure
beneath the existing Kitsap Bank building on site; and, the services of other consultants not
included here when such services are deemed to be necessary.
V. Schedule
The ILA estimates 9 to 12 months for Task 4 (RFM Phase 2) and 6 to 12 months for Task 5 (RFM
Phase 3). Seawall assessment will occur simultaneously with Task 4 (RFM Phase 2). We propose
to start this work around April 2022, as soon as our contract is approved. We will develop the
detailed milestones of the project schedule during the design process.
VI. Compensation
For the Scope of Services outlined above, compensation shall be a Fixed Fee as described below:
Phase 2 - Design Development Phase $619,500
Phase 3 - Construction Documents Phase $770,000
TOTAL
$1,389,500
Plus, reimbursable expenses and any applicable taxes.
Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will
be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing
Rates or as agreed to prior to commencement of the Additional Services.
VII. Terms of Agreement
Please provide an amendment to our South Kitsap Community Events Center contract upon
accepting this proposal.
Vill. Summary
Thank you for the opportunity to propose on your project. We look forward to discussing our
proposal further and working with you. Please contact me if you have any questions.
I•
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South Kitsap Community Events Center
ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal
March 23, 2022
Sincerely,
Rice Fergus Miller, Inc.
Dean Kelly, Pr cip
Architect
Attachment: Site Cost Delineation Map
Hourly Billing Rates
Page 307 of 354
DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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CEC SITE SURFACE IMPROVEMENT COST DELINEATION:
03/23/22: EXTENTS OF EXISTING WEST BOUNDARY: INCLUDE PEDESTRIAN PATH
SEAWALL ASSESSMENT SOUTH BOUNDARY: ENTIRE PORT ST ROW TO 7—ELEVEN BLDG
EAST BOUNDARY: INCLUDE SIDEWALK AND CURB ALONG BAY ST.
CIVIL AND LANDSCAPE TO COORDINATE FINAL NORTHEAST BOUNDARY: CENTERLINE OF ORCHARD ST
ROUTING OF THIS PEDESTRIAN PATHWAY NORTH BOUNDARY: PROPERTY LINE
o
a
e
--
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—
0
a ...... ..... _.... CEC SITE GRADE ELEVATION TO 16.5 FT
-----� — ; ;,LL::%P :: = ::::`_ BUILDING FINISHED FLOOR SHALL BE
=:-- - _-:-: _-:-: _-:-: _-:-:=-':-:-: :-:-: :-: _ :-:- :::: '' ' o '::::::::.:.::
':-.-.'.r.'.-.'.'.-.-.'.'.-.-.'.'.-.-.'.'.-.-:-.-.'.............� ...' ' : ..� . ..:.....LL. CALCULATED TO THE SITE PROPERTY LINE
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.. I ....:....
-DECK ABOVE -, . LL^ DECK ABOVE �_•{•, ��_
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SKCEC
SITE COST ESTIMATE
DELINEATION
REVISED 03.23.2022
Page 308 of 354
DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C
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RIC eYgusmILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
2022 Hourly Billing Rates
Date of Proposal: January 25, 2022
Project: SKCEC Amendment 05 - Seawall Assessment
Project No.: 2020002.00
The hourly billing rates shall be annually adjusted in accordance with normal salary review practices
of Rice Fergus Miller.
Principal in Charge:
Senior Planner:
Project Manager:
Project Architect:
Staff Architect:
Project Designer:
Staff Designer:
Interior Designer:
Technical Designer:
Production Support:
Graphics Visualization:
Project Coordinator:
Administrative Support Staff:
$ 190.00 - $ 275.00
$ 175.00 - $ 275.00
$ 130.00 - $ 190.00
$ 120.00 - $ 190.00
$ 125.00 - $ 160.00
$ 115.00 - $ 190.00
$ 115.00 - $ 155.00
$ 100.00 - $ 170.00
$ 95.00 - $ 155.00
$ 85.00 - $ 155.00
$ 120.00 - $ 140.00
$ 140.00
$ 90.00 - $ 140.00
Page 309 of 354
DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7
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THIRD AMENDED
REGIONAL CENTER INTERLOCAL AGREEMENT
Between the Kitsap Public Facilities District and the City of Port Orchard
This REGIONAL CENTER INTERLOCAL AGREEMENT (the "Agreement") is
made pursuant to Chapter 39.34 RCW between the City of Port Orchard, a Washington non -
charter code city acting under Chapter 35A.12 RCW ("Port Orchard"), and the Kitsap Public
Facilities District, a Washington special purpose district operating under Chapter 36.100
RCW (the "District").
WHEREAS, pursuant to RCW 36.100.030(1) and RCW 35.57.020, the District is
authorized to acquire, construct, own, remodel, maintain, equip, repair, and operate a regional
center, and pursuant to Chapter 36.100.030(2), the District may enter into interlocal
agreements with other agencies to operate such facilities. For these purposes, "regional center"
means a convention, conference, or special events center under RCW 35.57.020(1)(a), or any
combination of facilities and related parking facilities, serving a regional population
constructed after July 25, 1999, at cost of at least ten million dollars.
WHEREAS, pursuant to RCW 82.14.390, the District is entitled to receive certain
local sales taxes which the District may use for the development of qualifying regional centers.
WHEREAS, the District believes it has the financial capacity to support the
development of one or more new regional centers in Kitsap County and has requested
proposals from public agencies for new regional centers in Kitsap County.
WHEREAS, Port Orchard has proposed a project (the "Project"), which qualifies as a
regional center and which is more fully described in Attachment "A" (Project Summary),
attached hereto and incorporated by reference.
WHEREAS, the District Board has completed an evaluation and review process for
seven (7) new regional centers and has initially determined to proceed with further review for
possible funding with several applicants.
WHEREAS, the District anticipates collaborating with Port Orchard on the
development of a regional center, specifically, The Port Orchard Community Events Center,
where the District's primary role would be to provide funding to create public benefits for
Kitsap County.
WHEREAS, the District and Port Orchard are committed to undertaking their
respective tasks in the "Agreement Tasks" attached hereto as Attachment "B," as amended
and incorporated by reference.
WHEREAS, District funding is subject to an independent financial feasibility review
prior to the issuance of any indebtedness or the long-term lease, purchase, or development of
a regional facility pursuant to RCW 36.100.025.
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WHEREAS, the City and the District previously amended the Agreement on July 27,
2020, First Amendment, and further amended the Agreement on or about 8/27/2021 and now
agree to a further amendment ("Third Amendment") herein.
NOW, THEREFORE, in consideration of the mutual obligations andbenefits herein,
the parties agree as follows:
1. Purpose of Agreement. The purpose and intent of this Agreement is for Port Orchard and
the District to collaborate efficiently and effectively in order for the parties to determine the
feasibility of the Project and, if feasible, construct the Project with funds from Port Orchard in part
and from the District in part.
2. Port Orchard Funding Request. Port Orchard has requested and has been awarded
by the District, funding in the amount of $12,000,000.00 (Twelve Million Dollars) for the
purposes more fully described in Attachment "A" and in accordance with the phasing in
Attachment "B," as amended
3. Port Orchard Obligations. Port Orchard shall undertake the "Agreement Tasks", as
set forth in Attachment "B", except for those assigned to the District in the attachment or this
Agreement. In addition, Port Orchard shall undertake the following:
3.1 Contract Administration. Port Orchard shall be responsible for all aspects of the
contract administration for the Agreement Tasks, which shall include, but not be limited to,
advertising, bidding, awarding, and monitoring the contract(s), as generally required by any
applicable RCW. However, all invoiced or out-of-pocket expenses related to the project, except
staff salary, benefits, and overhead costs, are eligible for reimbursement. This includes but is not
limited to advertising, permitting, connection fees, testing, sub -consulting, and construction.
3.2 Reporting. Port Orchard shall regularly (not less than quarterly) meet with the
District to evaluate the progress of its Agreement Tasks. The meetings can be held remotely
as needed, consistent with applicable Open Public Meetings Act (OPMA) requirements.
3.3 Timing of Agreement Tasks. The anticipated timing of the Agreement Tasks is set
forth in Attachment "B," as amended.
3.4 Reco nig tion. Port Orchard shall publicly recognize the District's contribution to the
Project in a manner to be agreed upon. The District may require some identification of the Project
as "Regional Center" or "Special Event Center."
4. The District's Obligations. The District shall undertake the tasks set forth in
Attachment "B" and shall undertake the following tasks:
4.1 Contract Administration. The District shall be responsible for all aspects on
contract administration for the Market Analysis (Task 6), Financial Viability, and Risk Assessment
tasks described in Attachment "B", including advertising, bidding, awarding, and monitoring.
2
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4.2. Funding. The District shall fund the tasks set forth in Attachment "B" in an amount
not to exceed $12,000,000.00 (Twelve Million Dollars). The dollar amounts for each task listed in
Attachment `B" are estimates for each project phase but may be shifted as needed, provided that
funds allocated to Task 7 may not be used prior to proceeding with Task 7. In the event the funding
remains from Tasks 1-6, these funds may be spent on subsequent Tasks. In the event the City
proposes to shift or reallocate funds to different Tasks, it shall first provide written notice to the
KPFD, who shall have a right of approval, not to be unreasonably withheld.
5. Process for Payment.
5.1 Accounting and Reporting. Port Orchard intends to utilize its existing accounts
and fund structure to manage this project. However, Port Orchard will demonstrate the
capability to separately account and report all activity, funds, and expenses related to this
project. All funds related to this grant will be tracked under a separate project or account
number and separately reported to the PFD.
5.2 Advance Deposits. The District agrees to provide an initial payment of $200,000
("Initial Payment") to Port Orchard for cash flow purposes to allow Port Orchard to begin the
project and process invoices that are consistent with the approved contract and subtasks in a timely
manner. Port Orchard will follow the identified procedures, for seeking reimbursements for
expenses in this Agreement thereafter.
5.3 Use of Funds. The funds from the District shall solely be used for the payment of
invoices for the Agreement Tasks and no other purposes. Port Orchard may not reimburse itself
for salary, benefits, and overhead but all other out-of-pocket expenses related to the project are
eligible for reimbursement.
5.4 Release of Funds. Port Orchard shall only release funds for the Agreement Tasks
upon receipt of invoices for work performed, which work complies with the terms and conditions
of the contracts for the Agreement Tasks or as specified in Task 3 of attachment B, as amended.
Further, Port Orchard shall notify the District of any proposed payment for review and consent,
not to be unreasonably withheld or delayed.
5.5 Increase in Consultant Contract Amounts. Port Orchard will promptly inform
the District if any of the consultants/service providers inform Port Orchard that the
consultant/service provider is proposing an increase in a contract sum. The District shall
promptly, in its sole discretion, determine if the District's contribution to the contract sum
should beincreased.
5.6 Refund of District Funds. Port Orchard shall not be required toreimburse the
District for the funds transmitted to Port Orchard that are either: (i) paid to a consultant/service
provider; or (ii) committed to be paid to a consultant/service provider pursuant to a valid
contract between Port Orchard and that consultant/service provider. Otherwise, unused funds
shall be reimbursed to the District.
5.7 Port Orchard Matching Contributions. All accounting of staff time, Port Orchard
3
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expenses including consultant fees, and Port Orchard contributions directly related to the project
will be considered as part of the matching element of this project for District funding.
5.8 Final Accounting. Within sixty (60) days of the completion of the Assignment
Tasks, Port Orchard shall provide a final written accounting of the District funds.
6. Feasibility Assessment, Performance Requirements, Conditions/
Contingencies/Checkpoints. The District and Port Orchard are committed to funding the Project
as set forth in this Agreement, subject to the following conditions:
6.1 Mutual Determination of Feasibility. See Attachment "B", Task 1.
6.2 Independent Feasibility Review - Department of Commerce. Irrespective of the
parties' determination of feasibility as set forth above in Subsection 6.1, the District's funding
commitment is subject to the statutory independent feasibility review of RCW 36.100.025. While
the parties may cooperate to coordinate the reviews contemplated by subsections 6.1 and 6.2, those
reviews may be conducted at different times as necessary.
6.3 Availability of Funds. This Agreement is contingent upon funding from the
District. In the event that the District's expected funding payable to Port Orchard hereunder is
withdrawn, reduced, limited, or not otherwise available after the effective date of this Agreement,
this Agreement may be terminated by either party.
6.4 Port Orchard's Performance of its Assigned Tasks. District funding is conditioned
upon Port Orchard's timely completion (as measured by the deadlines set out in Attachment `B"
as amended) of its Assigned Tasks including, but not limited to, necessary property acquisition,
obtaining necessary permits, and obtaining necessary funding in addition to the funding from the
District.
6.5 Adoption of Operational Standards. Once the parties have determined that the
Project meets applicable feasibility reviews, and before funding is committed for construction, the
parties shall adopt a supplemental Interlocal Agreement addressing construction review and
operational standards, replacement/reserve funding standards, reporting obligations, and any
special standards applicable only to the Project, consistent with similar Interlocal Agreements with
other regional center partners.
6.6 Process for Termination. In the event any of the required conditions are not
satisfied, the Agreement may be terminated, by either party delivering thirty (30) days' written
notice to the other. The termination notice shall specify the date on which the Agreement shall
terminate.
7. Notice and Project Coordinators. The following individuals are the Project Coordinators
and official contacts for Port Orchard and the District. Any notice, request, approval, direction,
invoice, statement, or other communication which may, or is required to be given under this
Agreement, shall be in writing and shall be deemed to have been given if hand -delivered, sent by
a nationally recognized overnight delivery service, or if deposited in the U.S. mail and sent by
4
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certified mail, return receipt requested, postage prepaid to the Project Coordinators:
For Port Orchard: Robert Putaansuu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Email: rputaansuu@cityofportorchard.us
For the District: Russ Shiplet
Executive Director
Kitsap Public Facilities District
9230 Bay Shore Drive NW, Suite 101
Silverdale, WA 98383
Phone: 360-698 1885
Email: execdirector@kitsap-pfd.org
All notices shall be deemed complete upon actual receipt or refusal to accept delivery.
8. Non -Assignability. Neither parry may assign any interest in this Agreement and shall not
transfer any interest in this Agreement without the prior written consent of the other party.
9. Independent Governments - No Liability. Each party is and shall remain an independent
government. This Agreement does not create a partnership or other similar arrangement. The
parties shall not be liable for the acts or omissions of the other party or their respective public
officials, employees, or agents.
10. Term of Agreement. Except as otherwise stated herein, the term of this Agreement
shall commence upon execution by both of the parties and shall continue until the earlier of
when all Tasks have been executed or December 31, 2025. This Agreement may be reasonably
extended by the parties as may be necessary to complete the Assignment Tasks, as the parties
otherwise agree.
11. Amendment. No modification or amendment of this Agreement may be made except
by a written document signed by both parties.
12. Counterparts and Electronic Transmission. This Agreement may be signed in
counterparts. Electronic transmission of any signed original document and retransmission of any
signed electronic transmission shall be the same as delivery of an original document.
13. Governing Law. This Agreement, and the right of the parties hereto, shall be governed
by and construed in accordance with the laws of the State of Washington, and the parties agree
that in any such action, jurisdiction and venue shall lie exclusively in Kitsap County,
Washington.
5
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14. No Third -Party Beneficiaries. There are no third -party beneficiaries to this
Agreement.
15. Interpretation. Each party participated in this Agreement and has had this Agreement
reviewed by legal counsel. Therefore, any language herein shall not be construed against either
party on the basis of which party drafted the particular language.
16. True and Full Value. Port Orchard and the District have each independently determined
to itself that: (i) it has the authority to enter into this Agreement; and (ii) the promises and
covenants received from the other party represent "true and full value" received by it pursuant to
RCW 43.09.210.
17. Survivability. All obligations contained herein shall survive termination until fully
performed.
18. Entire Agreement. This Agreement, including all predicate paragraphs and exhibits
that are incorporated into this Agreement, contains all the understandings between the parties.
Each party represents that no promises, representations, or commitments have been made by
the other as a basis for this Agreement, which has not been reduced to writing herein. No oral
promises or representations shall be binding upon any party whether made in the past or to be
made in the future unless such promises or representations are reduced to writing in the form
of a written modification of this Agreement executed by both parties.
IN WITNESS WHEREOF, Port Orchard and the District have executed this Agreement as of
the date last written below.
CITY OF PORT ORCHARD
DocuSigned by:
By: Robert Putaansuu
Its: Mayor
Date: Mgy 11 2022
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KITSAP PUBLIC FACILITIES
DISTRICT
�a� �aryadr�,ur.�l¢e
By: Daron Jagodzinske
Its: Chair
Date: April 28, 2022
ATTEST:
Pam qa&1f1d
By: Patrick Hatchel
APPROVED AS TO FORM:
Brian E. Lawler, District Legal Counsel
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ATTACHMENT "A"
PROJECT SUMMARY/DESCRIPTION
The City of Port Orchard proposes to construct an approximately 24,000 square foot Port
Orchard Community Events Center POCEC) building including adjacent site improvements.
The POCEC will provide a central gathering place and multi -purpose facility in downtown
Port Orchard that will support a multitude of functions for local and regional use. The facility
will house our Regional Library branch and support large events such as galas, community
festivals, conferences, concerts, service group meetings and more. The project will also
support the redevelopment of the shoreline area with pedestrian and water access. The
facility will include a catering kitchen and other amenities to support events requiring food
service. The project will serve as a centerpiece of a much larger redevelopment project that
includes parking, office, commercial, retail, and residential development.
FA
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ATTACHMENT "B"
AGREEMENT TASKS - COMMUNITY EVENT CENTER (CEC)
CITY OF PORT ORCHARD-KITSAP PUBLIC FACILITIES DISTRICT
(WITH ESTIMATED BUDGETS AND TIMING)
The following tasks shall be undertaken by, and will be the responsibility of, the City of Port
Orchard, unless otherwise noted.
Task 1. Consultant Selection and Contract. $0 (8 months (from December 2019))
Task 1.1. City's Consultant Selection - RCW 39.80 Architectural and Engineering
Services - Request for Qualifications.
Deliverable 1.1. Professional services contract. The consultant selection will be made for all
project phases. The contract will be phased as each subsequent scope of work is developed based
on the results of previous tasks. The contract(s) will be approved in phases. The District reserves
the right to review and approve the City's selection of consultants, such approval not to be
unreasonably withheld.
Task 2. Project Management, Planning, Outreach, Design, and Cost Estimates. $400,000
(16 Months)
Task 2.1. Prepare draft management plan.
Deliverable 2.1. Draft Management Plan.
Task 2.2. Draft Goals and Objectives.
Deliverable 2.2. Establish written project goals and objectives for the SKCEC including
user identification.
Task 2.3. Initiate public outreach, prepare draft concept plan, and draft space
programming. Deliverable 2.3. Draft Concept Plan and Space Programming Report.
Task 2.4. Space Programing and Needs Assessment.
Deliverable 2.4. Preliminary Space Programming and Needs Report.
Task 2.5. Analyze sites and select preferred location.
Deliverable 2.5. Evaluate 3 sites for SKCEC construction consideration and prepare design
schemes for each site. Prepare report with alternatives for City Council decision on site
selection.
Task 2.6. Prepare Market Analysis, Financial Viability, and Risk Assessment for preferred
site.
Deliverable 2.6. Feasibility Report.
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Task 2.7. Perform additional public outreach for the preferred alternative.
Deliverable 2.7. Summary of public input.
Task 2.8. Finalize Space Programming and Needs Assessment.
Deliverable 2.8. Provide preliminary SKCEC monetary operational feasibility report and final
space programming report.
Task 2.9. Preferred Alternative Site Analysis.
Deliverable 2.9. Prepare a technical report(s) to inform architectural and site design. This
may include (depending on site selection) a geotechnical report, phase 2 environmental
assessment, biological evaluation, topographic survey, archeological and cultural resources
report, and shorelines mitigation and engineering report.
Task 2.10. Property Ownership/Master Plan.
Deliverable 2.10. Provide information to City consultant concerning the downtown master
plan. Assist the City to determine SKCEC property and building ownership.
Task 2.11. Schematic Design.
Deliverable 2.11. Provide preliminary schematic design to 25%. Prepare project cost estimates
and scope of work for subsequent task(s).
Task 2.12. City Council Action. City to review all deliverables and decide whether to accept
an additional $600,000 (estimated) for Task 4.
Task 3. Property Acquisition. $1,000,000
Task 3.1. Acquire property from Kitsap Bank for the Project for $2.5 M with funding of $1.2 M
from the Washington State Department of Commerce; $1.0 M from the District; and $300,000
from the City.
Deliverables for release of funding from District.
- Signed purchase and sale agreement with Kitsap Bank for a not to exceed the
purchase price of $2.5 M.
- Assignment of DNR lease from Kitsap Bank, including any assignment approval
from DNR.
- Satisfaction of all conditions for $1.2 M Department of Commerce Grant, as set forth
on June 21, 2021. Email from Beth Robinson to Nick Bond, City of Port Orchard, a
copy of which is attached hereto as Exhibit 1 to this Attachment B.
- Availability of at least $300,000 in City funds.
- Establishment of closing escrow.
- NOTE: The District shall deposit funds into closing escrow with instructions that if
for any reason, the purchase of the Kitsap Bank property does not close, the District
funds are to be returned to the District.
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Task 4. Prepare 60% Design Development, Cost Estimates, and Shoreline
Permit Submittal. $620,000 (estimated) (9-12 Months)
Task 4.1. Prepare 60% Design Development (DD) plans and Shoreline Substantial
Development Permit Application (SSDP).
Deliverable 4.1. 60% Design Development (DD) including:
• Design Development Documents
• SEPA Checklist
• Traffic Impact and Parking Analysis
• Applications for Shoreline Substantial Development Permit (SSDP)
• Assessment of seawall adjacent to the CEC Site.
Task 4.2. Cost Estimates.
Deliverable 3.2. Consultant to provide cost estimates for completion of plans, specifications,
and bid documents for three phases of project and for construction of each phase of the
project.
Task4.3. Operations and Maintenance Costs and Responsibilities.
Deliverable 3.3. Determine estimated facility operating costs and tenant responsibilities.
Work with partners to identify operational cost responsibilities.
Task 4.4 City Council Action: City to review plans and funding requirements with any
project partners and decide whether to accept additional $770,000 for Task 5.
Task 5. Shoreline Permits, 100% Ad Ready Construction Documents (PS&E)
and Complete Applications for Development. $770,000. (estimated) (6-12
months)
Task 5.1. Prepare Shoreline Substantial Development Permit (SSDP) application, submit, and
provide support.
Deliverable 5.1. Attend meetings and provide support for (SSDP) application.
Task 5.2. Prepare 100% ad -ready construction documents (PS&E) for each phase of the approved
shoreline phasing plan (CEC, overwater structures (such as a pier), Shoreline Restoration).
Deliverable 5.2. 100% ad -ready construction documents (PS&E).
Task 5.3. Prepare complete applications for building permits, land -disturbing activity permits
(LDAP), and stormwater drainage permits (SDP). Prepare and file JARPA application if
required.
Deliverable 5.3. Complete application submittal packages.
Task 5.4. Prepare plans for any offsite Improvements (if required under SEPA, SSDP, or as
conditions of other permit approvals).
Deliverable 5.4. Provide permit application submittal packets for offsite improvements.
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Task 5 City Council Action: City to review plans and funding requirements with project
partners and decide whether to accept additional funds for Task 7. The City and its partners
shall raise the remaining funds or secure commitments for the full funding of Task 7 prior to
accessing additional KPFD funds.
Task 6. Market Analysis, Financial Viability, and Risk Assessment in accordance with
KPFD guidelines (KPFD to select).
Deliverable 6. KPFD's portion of the feasibility study report.
Task 7. Secure Funding for Construction and Term Financing - As an alternative to the
KPFD issuing bonds to cover the remaining $9.21M commitment.
Task 7.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt
service coverage based on issuer's credit rating.
Deliverable 7.1. KPFD commitment of sales tax rebate revenue to satisfy bonding requirements.
Task 7.2. Identify debt issuing entity.
Deliverable 7.2. City, County, or Port of Bremerton identified as debt issuer.
Task 7.3. Quantify debt service needs and costs based on borrowing entity and structure.
Deliverable 7.3. Construction draw schedule, term debt service schedule, interest costs and
other financing costs.
Task 7.4. Define borrowing structure.
Deliverable 7.4. Define timing and borrowing amounts needed to fund construction, needed
amortization of term financing and any pledges to enhance credit of debt issuance to reduce
interest costs.
(Note: A binding commitment of sales tax rebate revenue will be necessary to quantify the amount
of debt that can be issued. This amount should be set based on estimated required debt service
coverage plus some allowance for changes in interest rates from current rates. Should the
borrower require less than the committed amount, the commitment amount shall then be reduced
to match the final required debt service coverage.)
Task 7.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the
market.
Deliverable 7.5. Borrowing entity issues debt or obtains binding commitment for debt placement.
Comment: Borrower should evaluate either public debt issuance or commitment from private
purchaser.
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Task 8. CEC (excludes shoreline restoration and overwater structures) Project
Management, Bid Support/Bid Award, Construction Administration/Construction
Management, A&E Support, Construction. $16,000,000 to $20,000,000 ($ $9,210,000 of
Task 8 cost from KPFD)
Task 8.1. Project management
Deliverable 8.1. Overall project management and oversight.
Task 8.2. Bid support/Bid award
Deliverable 8.2. A&E of record provides bid support (requests for information responses,
construction document amendments, bid tabulations, etc.)
Task 8.3. Construction administration/Construction management
Deliverable 8.3. Daily inspection reports, documentation as required, scheduling, certified
payrolls, progress billing approval, etc.)
Task 8.4. A&E support
Deliverable 8.4. A&E of record to provide technical assistance and direction during
construction.
Task 8.5. CEC construction phase.
Deliverable 8.5. Construction
contract.
Task 8.6. Miscellaneous.
Deliverables 8.6. Required connection fees, impact fees and permit fees paid. Construction
staking, surveying, materials testing, special inspections provided.
Task 9. City to Complete Shoreline Restoration and Overwater Structures (No further
KPFD involvement)
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ATTACHMENT "B"
EXHIBIT 1
June 21, 2021
Nick Bond
City of Port Orchard
210 Prospect Street
Port Orchard, WA 98366
Dear Nick:
Congratulations! Governor Inslee recently signed the 2021-23 State Capital Budget, which
includes an appropriation of $1,236,000.00 for the South Kitsap Community Events Center (Port
Orchard) Project. The Department of Commerce, which will administer the project, will retain
two percent (up to a maximum of $50,000) to cover our administrative costs. Accordingly, your
net grant award will be $1,211,280.00.
Prior to receiving funds, your organization will need to fulfill the following requirements:
• Provide documentation of your organization's financial ability to complete the project. All
funds from sources other than the state must be expended, raised, or secured by
documented pledges or loans.
• For nonprofit grantees, any property relevant to the project must be owned or secured by a
long-term lease that remains in effect for a minimum of ten years following the final
payment date. A lien on owned property is also required when receiving grants over
$500,000.
• Prevailing wages must be paid for all construction labor costs incurred as of May 18, 2021.
• Review by the Washington State Department of Archaeology and Historic Preservation
and any affected Tribes (Governor's Executive Order 21-02).
• Your project may also need to comply with the state's green buildings standards (RCW
39.35D).
Please fill out the linked Contract Readiness Survey and submit at your earliest convenience.
Also enclosed is a comprehensive set of contracting guidelines to assist you with the process. If
you have any questions or need additional information, please contact your Project Manager, Beth
Robinson, at (360) 549-6260 or Beth.Robinson(d,commerce.wa.gov.
Sincerely,
Beth Robinson
Program Manager
Department of Commerce
Local Government Division
Capital Programs Unit
PO Box 42525
Olympia WA 98504-2525
Cell Phone: 360-549-6260
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�n � fin." � .-�nr� .•
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 71
Subject: Approval of a Lease Agreement with the
Special Olympics Washington, South Kitsap
Flag Football Program for Use of a Portion
of Van Zee Park
Meeting Date: September 13, 2022
Prepared by: Brandy Wallace, MMC
Atty Routing No
Atty Review Date
City Clerk
366922.0005 — Clerk
September 1, 2022
Summary: The Special Olympics Washington, South Kitsap Flag Football Program, is requesting temporary use
of a portion of Van Zee Park to practice for their Regionals. This organization has utilized the park for this
event in the past.
The proposed use of the field and lights will start September 14th and end on November 17, 2022, from
5:30PM to 7:30PM every Tuesday and Thursday.
The lights are on an automated system and will be set by Public Works. The lights will be set to turn on 30
minutes before the start of the use of the field and will turn off 30 minutes after the expected end time of the
use of the field.
In 2021, the City leased the field for a rate of $75. Staff was able to pull the usage from 2021 and determined
that $75 is still enough to cover both electricity/utilities and staff/admin costs for the administration of the
lease.
Recommendation: City staff recommends approval of lease with the lease amount to be $75.00.
Motion for consideration: "I move to authorize the Mayor to execute a lease with the Special Olympics
Washington, South Kitsap Flag Football Program, for temporary use of the Van Zee Park, including the lights,
as presented."
Alternatives: Do not authorize the use of the lights and/or provide direction to staff.
Fiscal Impact: A revenue of $75
Attachments: Lease agreement and map
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REAL PROPERTY LEASE
AGREEMENT NO.
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: Special Olympics Washington, South Kitsap Flag Football Program, a non-profit
corporation in the State of Washington
ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #352401-3-026-2000; 300
Tremont Street, Port Orchard, WA
This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation organized and existing under the laws of the State of Washington,
herein referred to as Lessor or the City, and Special Olympics Washington, South Kitsap Flag
Football Program, herein referred to as Lessee.
Section 1 - PREMISES
For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby
agree to a non-exclusive lease, let and demise unto the Lessee of a portion of the park
described below "as is" between the hours of 5:30 p.m. and 7:30 p.m., on Tuesdays and
Thursdays:
Van Zee Park: A portion of Van Zee Park measuring approximately 150 feet
by 240 feet as delineated on the attached Exhibit "A".
Section 2 - TERM
This lease shall commence on September 14, 2022, at 5:30 p.m. and end on November 17,
2022, at 7:30 p.m., unless extended pursuant to Section 3, or earlier terminated pursuant to
Section 8.
Section 3 - RENT
The rent shall be seventy-five dollars ($75.00) for the term of the lease payable in full without
deduction or offset, to the Treasurer of the City of Port Orchard on or before October 15,
2022.
Section 4 — LEASE EXTENSION
This lease may be extended upon written request of either party and written execution of an
extension by both parties, prior to the end date.
Section 5 - CONDITIONS OF USE
A. It is understood and agreed between the parties that the Lessee shall not utilize the
premises other than for organizing and administering youth athletic programs.
B. The Lessee shall comply with all regulations and guidance disseminated by all federal,
state and local officials pertaining to the COVID-19 pandemic that are in effect on the
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date of the event, including the preparation and implementation of a COVID-19 Safety
Plan, face covering and social distancing requirements, and associated public health and
safety infrastructure.
C. The Lessee is prohibited to make any improvements to the PREMISES and the areas
immediately adjacent to the PREMISES.
D. Lessee shall maintain a clean and operational portable restroom available for use during
practice hours.
E. Lessee shall not sublease or rent any portion of the above -described real property without
the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall
not be deemed to be consent to any subsequent sub -lease or rental agreement.
F. Lessee agrees to maintain the above -described real property during the term of this lease
and shall be responsible for the maintenance and upkeep of said area at all times,
including but not limited to turf and shall be responsible for maintaining said area in an
orderly state and sanitary condition.
Section 6 - INDEMNIFICATION; INSURANCE.
A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss,
damage or injury of any kind or character to any person or property arising from any use
of the leased premises or any part thereof, or caused by and/or arising from any act or
omission of Lessee or any of its agents, employees, licensees or invitees or by or from any
accident on the leased premises or any fire or other casualty thereon or occasioned by the
failure of Lessee to maintain said premises or to cause the same to be maintained in a safe
condition or by a nuisance made or suffered thereon, or arising from any other cause
whatsoever; and Lessee, as a material part of the consideration of this lease, hereby
waives on its behalf all claims and demands against Lessor and hereby indemnifies and
agrees to defend and hold Lessor, its officers, elected officials, employees and agents,
entirely free and harmless from all liability for damages and costs of other persons for any
such loss, damage or injury, together with all costs, reasonable attorney's fees and
expenses arising therefrom.
B. Lessee shall procure and maintain during the lease term a commercial general liability
policy against claims for injuries to persons or damage to property that may arise from or
in connection with Lessee's use of the leased premises. Said policy shall have insurance
limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said
policy shall be endorsed to name the Lessor as an additional insured and to state that
coverage shall not be cancelled unless Lessor has received thirty (30) days written notice
by certified mail, return receipt requested.
Section 7 - ASSIGNMENT
Lessee shall not assign or transfer this lease or any interest therein without the prior written
consent of Lessor, and such consent to an assignment shall not be deemed to be consent to
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any subsequent assignment. Any such assignments without such consent shall be void, and
shall at the option of Lessor, terminate with this lease.
Section 8 - DEFAULT
In the event the Lessee shall fail to keep and perform any of the covenants and agreements
herein contained, including compliance with then -applicable COVID-19 public health
directives or the maintenance of a proper insurance policy as described above, Lessor may
terminate this lease by giving written notice to Lessee. Provided, however, that with the
exception of Lessee's failure to maintain a proper insurance policy as described above, Lessee
shall be given a minimum of five (5) days upon receiving written notice to cure any default
prior to lease termination. Lessee's failure to maintain a proper insurance policy as described
above is not subject to Lessee's right to cure and shall be grounds for immediate termination
of the lease by Lessor. In the event of any such lease termination, Lessor, in addition to the
other rights and remedies it may have, shall have the immediate right of re-entry and may
remove all persons and property from the premises.
Section 9 - WAIVER
Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a
subsequent breach of the same or other covenants or conditions.
Section 10 - PARTIES BOUND
The covenants and conditions herein contained shall, subject to the provisions as to
assignment and transfer, apply to and bind the heirs, successors, executors, administrators,
and assigns of all the parties hereto.
Section 11 - LESSOR'S RESERVATION
Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable
times, upon reasonable notice, and without unreasonable interference to Lessee's activities on
the premises.
Section 12 - ENTIRE AGREEMENT
This lease sets forth the entire agreement between the parties and it shall not be modified in
any manner except by an instrument in writing executed by the parties.
Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES
Any action for claims arising out of or relating to this lease shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or
action instituted to enforce any right or obligation granted in this lease, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 10, day of
September 2022.
LESSOR:
City of Port Orchard
By:
It's:
Mayor
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlette Archer, City Attorney
LESSEE:
Special Olympics Washington, South
Kitsap Flag Football Program
Signature:
Title:
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of August 9, 2022
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-tem Lucarelli
Present
Councilmember Chang
Present
Councilmember Clauson
Present
Councilmember Cucciardi
Absent
Councilmember Diener
Present
Councilmember Trenary
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Present
Staff present: Interim Public Works Director Hammer, Assistant Finance Director Zick, Police Chief M.
Brown, Community Development Director Bond, HR Manager Lund, Operations Manager Lang,
Utilities Manager J. Brown, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd.
Attending via Zoom: Utilities Manager J. Brown
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:30 Part 1)
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 00:52 Part 1)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to add to the
Consent Agenda the excusal of Councilmember Cucciardi from tonight's meeting due to business
reasons.
The motion carried.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda
as modified.
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Minutes of August 9, 2022
Paee 2 of 8
The motion carried.
3. CITIZENS COMMENTS (Time Stamp: 02:08 Part 1)
There were no citizen comments.
4. CONSENT AGENDA (Time Stamp: 02:47 Part 1)
A. Approval of Voucher Nos. 84467 through 84500 and 84508 through 84558 including bank drafts
in the amount of $766,342.58 and EFTs in the amount of $456,504.52 totaling $1,222,847.10.
B. Approval of Payroll Check Nos. 84501 through 84507 including bank drafts and EFTs in the
amount of $223,226.27 and Direct Deposits in the amount of $205,946.93 totaling $429,173.20.
C. Approval of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event
D. Adoption of a Resolution Declaring Certain Items as Surplus and Authorizing its Disposition
Thereof (Resolution No. 079-22)
E. Approval of the July 19, 2022, City Council Work Study Session Meeting Minutes
F. NEW: Excusal of Councilmember Cucciardi from Tonight's Meeting Due to Business Reasons
MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the consent
agenda.
The motion carried.
S. PRESENTATION
A. Introduction to the 2022/2023 Fathoms O' Fun Royalty Court (Time Stamp: 03:12 Part 1)
Helen Jensen introduced the Royal Court and briefly spoke of 2022 Fathoms O' Fun events and
bringing in new contestants for the court.
B. Community Center (Time Stamp: 08:08 Part 1)
Team members with Rice Fergus Miller and landscape architects with KPG, provided a presentation
which included the overall design, site plan, landscape architecture and urban design concepts, kids
play area, teen area, portals, filtered light, framed views, outside views of events center, Bay Street
lighting, and next steps.
C. Water Rate Update (Time Stamp 53:52 Part 1)
Assistant Finance Director Zick provided a presentation which included utility rate discussions in
2022, what has been previously discussed, water rate structures for residential meters and non-
residential % meters, meter differential pricing, water rate impact scenarios (illustrative only) for
residential and non-residential, overall results and recommendations, and staff recommendations.
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Minutes of August 9, 2022
PaRe3of8
6. PUBLIC HEARING
There were no public hearings.
7. EXECUTIVE SESSION (Time Stamp 1:24:13 Part 1)
At 7:55 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to
RCW 42.30.110(1)(i) regarding potential litigation. City Attorney Archer and Police Chief Brown were
invited to attend, and City Attorney Archer announced action will follow.
At 8:10 p.m., Mayor Putaansuu reconvened the meeting back into session.
8. BUSINESS ITEMS
A. Adoption of an Ordinance Amending POMC Sections 2.16.030 and 10.12.010 and Chapter
10.04, Pertaining to Parking Enforcement (Time Stamp 00:14 Part 2)
MOTION: By Councilmember Clauson, second by Councilmember Diener, to adopt an ordinance
amending Chapter 10.04, and Sections 2.16.030 and 10.12.010 of the Port Orchard Municipal Code,
pertaining to parking enforcement.
The motion carried.
(Ordinance No. 033-22)
B. Adoption of an Ordinance Authorizing Positions of Public Works Director and Information
Technology Manager and Setting Salary for Public Works Director (Time Stamp: 02:51 Part 2)
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an ordinance
authorizing the creation of two new positions, Public Works Director, and Information Technology
Manager, establishing general qualifications and duties for these positions, and setting the
salary range for the position of Public Works Director.
The motion carried.
(Ordinance No. 034-22)
C. Adoption of Ordinance No. 032-22, Amending POMC Chapter 2.75 Modifying Occupancy Limits
for the Active Club Building (Time Stamp: 08:50 Part 2)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt Ordinance
No. 032-22, amending POMC Chapter 2.75.010 regarding maximum occupancy limits for Room 1
and Room 2 of the Activity Club Building.
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Minutes of August 9, 2022
Page 4 of 8
The motion carried.
D. Adoption of a Resolution Adopting Updated Right of Way Acquisition Procedures (Time Stamp
13:18 Part 2)
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution
adopting updated Right -of -Way Acquisition Procedures.
Councilmember Chang explained he works for the Department of Transportation and would
recuse himself if anyone had concerns.
No one voiced any concerns.
The motion carried.
(Resolution No. 080-22)
E. Adoption of a Resolution Approving a Contract with Shea Carr & Jewell, Inc. dba SCJ Alliance
for the Bethel Phase 1-Intersection Improvement Project (Time Stamp 15:15 Part 2)
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt Resolution
No. 063-22, authorizing the Mayor to execute Contract No. C083-22 with Shea Carr & Jewell, Inc.
dba SCJ Alliance for the Bethel Phase 1- Intersection Project in an amount of $624,292.45.
The motion carried.
F. Adoption of a Resolution Approving a Contract with K&K Construction, LLC for the DCD Building
Repairs South Face Project (Time Stamp 20:16 Part 2)
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt Resolution
No. 067-22, authorizing the Mayor to execute Contract No. C091-22 with K & K Construction LLC for
the DCD Building Repairs South Face Project in the amount of $23,680.02.
The motion carried.
G. Adoption of a Resolution Approving an Application for Grant Funding from the State Recreation
and Conservation Office for Culvert Removal Projects (Time Stamp 24:12 Part 2)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt a resolution
authorizing the Mayor to execute all documentation necessary to apply for and effectuate a grant
from RCO to fund 100% design of the culvert replacement for the Bay Street/Annapolis Creek culvert
repair, and to commit to a grant match of 15% from the City.
The motion carried.
(Resolution No. 081-22)
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H. Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for the
Maintenance of the Public Words Admin. Copier (Time Stamp 29:14 Part 2)
At 8:42 p.m., Councilmember Trenary recused himself from the meeting.
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt a resolution
and authorize the Mayor to execute a 1-year maintenance agreement with the Excel Business
Systems, Inc. for the Public Works Admin copier, as presented.
The motion carried.
(Resolution No. 082-22 and Contract No. 102-22)
At 8:45 p.m., Councilmember Trenary returned to the meeting.
I. Adoption of a Resolution Approving a Contract with KCI Technologies, Inc. for Asset
Management Strategic Planning (Time Stamp 32:25 Part 2)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No.
077-22, authorizing the Mayor to execute Contract No. C079-22 with KCI Technologies, Inc. for the
Asset Management Program Strategic Planning Project in an amount not to exceed
$99,932.80.
The motion carried.
J. Adoption of a Resolution Authorizing the Rental of Two (2) Portable Bypass Pumps for Eldon
Trails Lift Station from Sunbelt Rentals, Inc. (Time Stamp 39:15 Part 2)
MOTION: By Councilmember Trenary, seconded by Councilmember Chang, to adopt a resolution
authorizing the Mayor or designee to execute all documentation necessary to rent two (2)
portable bypass pumps from Sunbelt Rentals, Inc. for a total rental price of $8,334.32 (applicable tax
included).
The motion carried.
(Resolution No. 076-22 and Purchase Order No. 044-22)
K. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants
for the Voluntary Reversion of an Employee to Sergeant Rank (Time Stamp 43:25 Part 2)
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to authorize the
Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants
relating to the voluntary reversion of Donna Main to the rank of Sergeant.
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The motion carried.
(MOU No. No. 2 to Contract No. 087-22)
L. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants
for Wages and Benefits for Sergeant Assignment to Detective Unit (Time Stamp 45:55 Part 2)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to sign a
Memorandum of Understanding with the Police Guild representing Sergeants relating to wages and
benefits for a Sergeant assigned to Detectives.
The motion carried.
(MOU No. 1 to Contract No. 087-22)
NEW MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to extend the
meeting an additional 10-minutes.
The motion carried.
M. Approval of an Agreement with Teamsters Local 589 Representing Public Works Employees
Regarding Calculation of Overtime (Time Stamp 48:18 Part 2)
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor
to sign an Agreement with Teamsters Local No. 589 representing Public Works Employees regarding
calculation of overtime.
The motion carried.
(Agreement No. 106-22)
N. Approval of Participation in Settlement of Opioid Litigation State of Washington v. McKeeson
Corp., Cardinal Health, Inc., and Amerisource Bergen Drug Corp., King County Cause No. 19-2-
0975-9 SEA (Time Stamp 49:57 Part 2)
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the
City's participation in the Distributors Washington Settlement in the matter of State of
Washington v. McKeeson Corp., et al., and authorize the Mayor to execute the Participation Form
and all documents necessary to effectuate the settlement.
The motion carried.
O. Approval of the July 26, 2022, City Council Meeting Minutes (Time Stamp 53:47 Part 2)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the
Council meeting minutes as presented.
Page 334 of 354
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Minutes of August 9, 2022
Paee 7 of 8
The motion carried. Councilmember Diener abstained.
9. DISCUSSION ITEMS (No Action to be Taken)
A. 1/10' Ordinance Transportation Benefit District (Time Stamp 54:34 Part 2)
Mayor Putaansuu explained staff drafted an ordinance that Council may take action on in September.
Bethel Phase 1 information has been added to the City's website with an icon on the main page to
direct users to the page. A press release and social media posts will be sent out shortly regarding the
1/10t" measure.
Additional discussion was held regarding grants and jurisdictions.
10. CITIZEN COMMENTS (Time Stamp: 57:49 Part 2)
There were no citizen comments.
City Attorney Archer explained the meeting does not need to be extended until 9:30pm per the Port
Orchard Municipal Code.
11. REPORTS OF COUNCIL COMMITTEES
Reports of Council Committees was not held.
12. REPORT OF MAYOR
Report of the Mayor was not held.
13. REPORT OF DEPARTMENT HEADS (Time Stamp 58:37 Part 2)
Interim Public Works Director/City Engineer Hammer reported on capital projects which included the
Bethel Lincoln Roundabout and the Lippert Road and Sidewalk Repair.
Operations Manger Lang reported on operations which included leak detection, thermoplastic and
striping, paving, crack sealing, and Bay Street seawall.
Police Chief Brown reported The Cruz event is this weekend and he will be in the dunk tank at
10:00am.
14. GOOD OF THE ORDER (Time Stamp 1:04:30 Part 2)
There was no good of the order.
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Minutes of August 9, 2022
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15. EXECUTIVE SESSION
Was held earlier in the meeting.
16. ADJOURNMENT
The meeting adjourned at 9:17pm. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Page 336 of 354
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City of Port Orchard
216 , Orchard, Prospect Street Port
WA 98366
p
20�
(360) 876-4407 • FAX (360) 895-9029
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Agenda Staff Report
Agenda Item No.: Discussion Item 8A
Subject: CEC Design Alternatives — Lighting, Decking,
and Polvcarbonate vs. Glass
Meeting Date: September 13, 2022
Prepared by: Nicholas Bond, AIP
Atty Routing No.
Atty Review Date
DCD Director
N/A
A
Summary: There are 3 separate design issues for which decisions are needed related to the CEC as follows:
1. Lighting Alternatives
2. Deck Alternatives
3. Polycarbonate vs. Glass
Lighting Alternatives: RFM has proposed 3 lighting alternatives. The City PW department has also provided a
PSE alternative that is approved for PSE ownership, operation, and maintenance. The City Council should
discuss the alternatives and provide direction to the mayor and staff. The lighting alternatives are as follows:
1. Modern Wood
2. Black Marina
3. Black Falcon Ridge
4. City Approved PSE Option (as used on Tremont)
Deck Alternatives: Due to recently revised survey information, the original concept for the CEC included
balconies that encroached into the Port of Bremerton DNR lease areas. The City working with RFM have
developed two alternatives to eliminate the encroachment. As of 8/30/22, the preference of the steering
committee was mixed with no strong preferences expressed. The options are as follows:
1. Option A. Stick with the current design language. Shorten the platform on the east and extend
the platform on the west.
2. Option B. Deviate from current concept with a more sawtooth shaped set of balconies.
Polycarbonate vs. Glass: RFM has been evaluating the pros and cons of two materials used as accents in the
exterior building facades. Polycarbonate is lighter weight, has the desired design properties, is less
expensive, is less likely to break, but would be a custom ordered color and would require storage of
replacement panels. It is also possible that the material will not weather as well as glass. Tinted glass
provides a similar design effect, but is heavier, more expensive, and would require replacement if broken.
The cost difference between the two materials is as follows:
1. $195K for poly
2. $280K for glass
Council is asked to decide between the two materials.
Page 337 of 354
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Staff Report 8A
Page 2of2
Relationship to Comprehensive Plan: N/A
Recommendation: Discuss the alternatives and provide a recommendation to staff and the mayor.
Motion for consideration: N/A
Fiscal Impact: N/A
Attachments: Lighting Options, Deck Options
Page 338 of 354
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BAY STREET LIGHTING
EXISTING +MATERIAL/COLOR OPTIONS
Port Orchard pedestrian lighting standards
> Manufacturer: Sternberg Lighting
> Luminaire Model: Prairie Series
> Stock Number: 1-1230/HSC/6SQ16pole/4A1R35T5ML/WA/PG
> Height: 16-0"
existing Port Orchard pe-
destrian lighting
Prairie Series material/color potential upgrade
> Sternberg Prairie Series additional lighting options including finish
alternatives and TimberWood Pole
examples of Prairie Series light with
TimerWood Pole
Page 339 of 354
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BAY STREET LIGHTING
CONCEPT 1 - MODERN WOOD
STREET LIGHTING
PEDESTRIAN LIGHTING
(DUALARM)
FRONT VIEW
METAL
BANNER
ARMS
FLOWER
BASKETS
'Or —
ROAD,
PEDESTRIAN LIGHTING
(DUAL ARM)
SIDE VIEW
#'-�
DESTINATION BLADE
0 Post Office Marina
Town Center
Public 40\
Library
City Hall
METAL SIGN
POLE
WC
SLI
WAYFINDING SIGN
Page 340 of 354
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BAY STREET LIGHTING
CONCEPT 2 - BLACK MARINA
STREET LIGHTING
PEDESTRIAN LIGHTING
-�
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METAL SIGN
POLE
WAYFINDING SIGN
Page 341 of 354
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BAY STREET LIGHTING
OPTION 3 - BLACK FALCON RIDGE
STREET LIGHTING PEDESTRIAN LIGHTING
N
P
WAYFINDING SIGN
70
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Page 349 of 354
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Page 352 of 354
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Port Orchard CEC
Feature Wall Desi
Refere
n Concept
Discoverable Opportunities
WA L
Sinclair Inlet Topography Map Mosquito Fleet / Ferry Routes Historic Locations Flora / Fauna
1p�
WALL ELEVATION
SCALE: 3/16"=1'-0"
Page 353 of 354
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AIL
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Page 354 of 354
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